El Segundo Pregnancy Discrimination Lawyer

Proving Pregnancy Discrimination

You must provide proof that pregnancy discrimination took place to establish it. Sometimes, having concrete proof makes things easier. For example, an employer may tell you that he did not consider you for a promotion because he thought you wouldn’t be able to do your job duties as well due to your pregnancy. This is less prevalent.

Circumstantial evidence is most often used in pregnancy discrimination claims. The totality of the evidence must demonstrate that your employer’s discrimination against you was more likely than not.

This could include evidence that the employer immediately changed their behavior toward you, made decisions that are inconsistent with good business practices, or did not follow their standard procedures after learning of your pregnancy. For example, having a termination procedure specified in the handbook but firing you on the spot without following it.

What To Do If You’re Facing Pregnancy Discrimination at Work

Women who are pregnant or may become pregnant often face pregnancy discrimination in the workplace. First, document everything and make sure you keep records of discriminatory acts, including dates, descriptions, and any pertinent communications such as emails or performance evaluations in question.

Then, report the discrimination internally by filing a formal complaint with your company’s human resources department. If there is no resolution, consult with an employment attorney to determine your options.

You may have to file a charge with the Equal Employment Opportunity Commission (EEOC) or a state agency. This includes answering questions about the discrimination and your employer. This step is necessary before you can file a legal claim. The EEOC will investigate and may send you a right-to-sue letter permitting you to file in court. By following these steps, you may be able to protect yourself and hold your employer accountable.

How a Lawyer Can Help

An attorney can support you in defending your rights and pursuing the justice you are due if you were the victim of pregnancy discrimination. An attorney can assess the case’s specifics, gather the necessary evidence, and decide which course of action is most appropriate in your situation.

Your employer’s rules and any communications that demonstrate discrimination can be reviewed by an attorney. You can file the required complaints with the relevant agencies with the assistance of an attorney. Before you may bring a legal action, you must first make an official complaint.

An attorney can negotiate compensation, fight for reinstatement, and, if needed, represent you in court if your company has engaged in discriminatory practices. They can assist you in the recovery of damages for your lost income, mental suffering, and any legal fees if you do end up in court.

FAQs

Can I Sue My Employer for Laying Me off While Pregnant?

You may be able to file a pregnancy discrimination case under the Pregnancy Discrimination Act (PDA) or state statutes such as California’s Fair Employment and Housing Act (FEHA) if your employer fired you due to your pregnancy. The layoff might not be illegal, though, if it was for valid business reasons unconnected to your pregnancy. If you think you may have grounds for discrimination, speak with an employment lawyer in El Segundo for help.

What Is the Pregnancy Protection Act?

A federal statute known as the Pregnancy Discrimination Act (PDA) shields workers from discrimination on the basis of pregnancy, childbirth, or associated conditions. It mandates that pregnant workers receive the same treatment from their employers as workers with short-term disability. Further accommodations, such as altered job assignments and medical leave, are offered by the state to guarantee pregnant workers receive equitable treatment at work.

When To File FMLA for Pregnancy?

As soon as you become aware that you require time off due to pregnancy, you should apply for leave under the FMLA. When a leave of absence is scheduled, whether for childbirth or medical treatment, many workers apply weeks in advance. To provide appropriate paperwork and job protection, you should contact your employer as soon as possible if the leave is unexpected, such as for pregnancy difficulties.

Can I Sue My Employer for Emotional Distress While Pregnant?

Yes, if your employer’s actions throughout your pregnancy led you to suffer from severe mental distress, you might be able to file an action for emotional distress. You may be able to pursue damages under both federal and state employment statutes if the anguish is the result of retaliation, harassment, or discrimination. Your claim may be supported by witness accounts, medical records, and documentation of the employer’s actions.

Contact Nosrati Law, A Professional Law Corporation

If you have been discriminated against due to your pregnancy status, Nosrati Law, A Professional Law Corporation, can help you fight for compensation. Contact us today to learn more.