What Is Pregnancy Discrimination?
Discrimination occurs when one person or a group of people are treated differently because of a protected trait. These traits include:
- Race
- Gender
- Sexual orientation
- Religion
- Ethnicity
- Ability
Pregnancy discrimination occurs when someone treats a pregnant individual unfairly simply because of their pregnancy. Although certain appropriate accommodations may be necessary for a pregnant individual, discrimination is different. Examples include:
- Failing to promote a worthy employee simply because they are pregnant.
- Firing an employee because they are pregnant.
- Passing over a pregnant applicant who is otherwise qualified for a job.
- Leaving pregnant individuals out of meetings, memos, or other essential information to which they should be privy.
- Treating an individual differently because of their mentality about children, pregnancy, and their future plans regarding these topics.
Pregnancy is a highly personal topic, and there is no reason for an employer or manager to be involved in your pregnancy journey, whatever it may be. If your employer or manager begins to treat you differently because you are pregnant, you should call a Long Beach discrimination attorney right away.
Why Do I Need a Pregnancy Discrimination Attorney?
Pregnancy discrimination can be difficult to prove. Because the law protects pregnant individuals against discriminatory practices, employers often try to be underhanded when they treat a pregnant individual differently. Many employers understand the law and act in a way that does not seem illegal. Therefore, assembling evidence and creating a convincing argument can be challenging. It requires a trained attorney who works specifically with employment law and discrimination.
Pregnancy should be a special time for you and your family. Building your own discrimination case without the help of an attorney occupies precious time that you could be preparing for your new family member. Furthermore, many pregnant individuals need additional rest and care while they are carrying their child. Building your own case simply adds the opportunity for stress and unease in your life.
To develop a strong pregnancy discrimination case, it is best to use a qualified attorney. If you do, your case will be stronger, and you will be more likely to win the settlement that you deserve.
Your Rights During Pregnancy
To identify and file a discrimination case, you must understand what your rights are during pregnancy. California law protects pregnant individuals in many different ways. One major right that you have is the right to parental leave. Many people take this leave after they have given birth, but this does not need to be the case. Individuals who are pregnant can take up to 4 months off during their pregnancy or after childbirth for things like morning sickness, pregnancy pain, prenatal and postnatal medical appointments, etc. Although your employer does not necessarily need to pay you for this entire time, they cannot alter your employment status in any way.
You are also entitled, as all people are, to reasonable accommodation during your pregnancy. Your employer does not necessarily need to heavily alter your responsibilities, but they must make small changes to accommodate your situation if you request them. For example, if you usually stand during presentations but need to sit instead, your employer must provide you with a chair. They must also allow you time to pump breast milk if youneed to do so during work hours following your pregnancy.
Proving Pregnancy Discrimination in Long Beach, CA
As mentioned, proving pregnancy discrimination can be difficult. Most employers are not overt about their discriminatory practices, so it takes a careful hand to develop a case.
Your attorney will help you to assemble evidence that is relevant in your case. You should retain all emails, memos, letters, and other written information surrounding the discrimination. If you have conversations with your employer about your pregnancy or employment status, note the times and topics of these conversations. You can even follow up with an email detailing what you discussed, so that you have a trail of evidence for your attorney to use.
Your employment file will also be helpful in proving discrimination. For example, if you are being fired, your file should reflect notes about any problems that have occurred. If your file does not contain any such information, your employer cannot legally fire you for behavioral issues. It will become clear that they are discriminating based on your pregnancy status.
If you are passed over for a job or promotion, ask for a written explanation of what you can do better. If the reasoning or suggestions seem illegitimate or halfhearted, it may be a sign that the real reason that you did not receive the job is because of discrimination.
There is no singular way to prove pregnancy discrimination. However, the best thing that you can do is retain all correspondence during the time of your pregnancy, just in case it becomes helpful during the process.
Employment Law FAQs
Q: How Long Does It Take to Win a Discrimination Case?
A: The time it takes to win a discrimination case varies widely. While many cases settle within 4-6 months, it is common for cases to take upwards of 5 years to settle. The length of time really depends upon your unique situation and the complexity of your case. It may also depend upon the severity of the alleged offense and your employer’s willingness to settle the case outside of court.
Q: Is California an At-Will State?
A: Yes. This means that employment is voluntary and can be terminated at any time by either the employer or the employee. This is the case except in situations that involve an employment contract with a set expiration date. If you are unsure of your employment arrangement, you can usually speak to your company’s human resources representative to determine whether you are an at-will employee.
Q: Are Discrimination Cases Hard to Win?
A: Unfortunately, yes. Proof of discrimination can be difficult to find, and the situation can be even more difficult to argue in court. Without proper evidence, it is extremely challenging to develop a strong argument against your employer. However, many people have evidence and information without being aware of how valuable it is. Retain all correspondence if you believe that you are experiencing employment discrimination.
Q: How Much Do Discrimination Cases Settle For?
A: The average discrimination case settles for around $40,000. However, the sum can be upwards of seven figures in the right circumstances. The settlement amount simply depends upon the circumstances, the amount of proof you have, and how egregious the discrimination has been. Hiring a qualified attorney in the employment law field increases your chances of winning a pregnancy discrimination claim.
Contact Nosrati Law, A Professional Law Corporation
If you are experiencing discrimination of any kind, it is easy to feel like you are alone. Our firm is here to make sure that you know that you have advocates who are ready to work with you. You do not need to endure illegal and painful discriminatory practices alone. We are here to make sure that your case gets justice and that you get compensated for the poor treatment you have experienced.
For more information about our firm, discriminatory practices, or how we can support you during your pregnancy discrimination case, contact Nosrati Law, A Professional Law Corporation online today.
