Pregnancy discrimination is against the law in California, as it is in every state. Firing or refusing to hire an employee because of a pregnancy related disability is a form of discrimination that state and federal laws do not permit. Discrimination can also occur when an employer refuses to promote an employee based on their pregnancy related disability, or if an employee is treated differently in the terms and conditions of employment based on their pregnancy. You have rights as an expecting mother in the workplace. Protect those rights with assistance from The Law Office of Omid Nosrati. Our attorneys have experience helping pregnant women with employment-related claims and can help you seek compensation for your damages in Los Angeles.
If an employer treats a pregnant employee or job applicant less favorably because she is with child, it is pregnancy discrimination. The state of California prohibits job actions and hiring decisions based on an employee’s pregnancy, if the employer has five or more employees. Pregnancy discrimination is a type of sexual discrimination. Other forms of sex discrimination include making employment decisions based on gender, sex, or sexual orientation. Not hiring, demoting, docking pay, excluding, harassing, or terminating an employee because of pregnancy is against the law.
If you suspect pregnancy discrimination in the workplace, contact our Los Angeles employment attorneys. This is a very serious issue that deserves immediate legal attention. When you trust our team with your case, you’ll sit down with Mr. Nosrati or one of his skilled associates during a free consultation, where you’ll learn about your rights as a pregnant employee or job applicant. Our Los Angeles discrimination attorneys can help you decide what steps to take next.
As a pregnant employee, you have the same rights as other workers, as well as a variety of others specifically in place for expecting mothers. You have the right to a safe and comfortable workplace that does not submit you to hostility or discrimination. You also have special rights based on your pregnancy, such as the right to take reasonable leave without fear of retaliation, and the right to apply for a job without an employer refusing because you’re pregnant.
Unfortunately, some employers engage in pregnancy discrimination after they find out an employee or applicant is pregnant. Some employees might notice changes to their employment status, pay, or privileges. Any adverse employment decisions might result from pregnancy discrimination. If you lose your job, take a pay cut, face harassment, or otherwise experience issues you think are because you’re pregnant, it is a good idea to speak with an employment lawyer to learn about your legal rights.
For example, employees who experience discrimination can file a lawsuit against their employer. By taking legal action, employees can shed light on the employer’s illegal and discriminatory acts, and potentially protect other women from experiencing the same problem. It can also result in recovery of damages, including lost wages, lost career opportunities, and emotional distress.
Luckily, there are state and federal laws protecting pregnant employees and new mothers. The federal Pregnancy Discrimination Act (PDA) prohibits employers with 15 or more employees from making employment decisions based on pregnancy or childbirth, as well as related medical problems and conditions. Employers cannot legally refuse to hire a woman because she’s pregnant, nor can an employer terminate an employee who becomes pregnant.
Stereotypes surrounding expecting mothers cannot play a role in employment decisions. Here’s a brief overview of all the federal and California-specific laws protecting pregnant employees:
There is also the federal Family and Medical Leave Act, the California Pregnancy Disability Leave Law, and the New Parent Leave Act. As you can see, there is no shortage of discrimination laws that exist to protect pregnant employees. Breaking one of these laws often gives pregnant employees the right to bring a discrimination suit based on the fact that they are part of a protected class yet have not received proper treatment.
Discrimination based on pregnancy related disability can be established in two ways: either by direct evidence or circumstantial evidence. Direct evidence can be comments made to an employee showing a discriminatory bias. Circumstantial evidence can include a showing that the employee was performing her job in a satisfactory manner and an adverse employment action was taken based on her pregnancy related disability. The evidence has to be strong enough to overcome any non-discriminatory reason offered by the employer for the particular action taken against the employee.
Virtually any action or failure to act that does not fulfill the requirements of pregnancy and employment laws is pregnancy discrimination. There are endless examples of pregnancy discrimination that can affect the California workers. Knowing what pregnancy discrimination could look like can help you spot it and put an end to it. Examples can include:
If any of these situations sound familiar, you might be the victim of pregnancy discrimination. In California, you have rights as an expecting mother.
The “elements” of a claim are the facts the filing party (the plaintiff) must prove for a successful case. An attorney can help you with the elements of an employment action, gathering evidence and taking the necessary steps to prove your case during arbitration or in front of a judge and jury. There are four main elements you will need for a pregnancy discrimination claim:
If you can prove these elements, you have a strong chance of getting compensated for your losses. Available remedies in these types of cases can include job reinstatement, back pay, out-of-pocket expenses, front pay, court cost, attorney’s fees, emotional distress damages, and punitive damages for your employer’s egregious actions.
Pregnancy discrimination is against the law in California and comes with several protections and potential legal remedies. As a pregnant woman who believes she has suffered discrimination, you explore your rights and options with help from The Law Office of Omid Nosrati. Our employment lawyers will work diligently on your behalf through the use of various investigative techniques and other litigation strategies to help obtain evidence of the discriminatory conduct to help support your case. Call (310) 553-5630 or go online to schedule your free, confidential consultation today. We’ll meet with you in our Los Angeles law office or discuss your case over the phone.