Palmdale Pregnancy Discrimination Lawyer

• Hiring and Firing: Employers are not allowed to fire an employee just because they are pregnant or ask for maternity leave. This also applies to demotions. At the same time, employers are not allowed to ask whether or not someone is pregnant or plans on getting pregnant during the interview process. This is because a potentially qualified employee’s pregnancy cannot be the sole reason why they are not hired.
• Working Conditions: A pregnant worker is entitled to work in a safe environment, just like any other worker. This includes safety from things like harassment and discrimination from other employees while at work. The employee must also have the same access to training, resources, and promotions as other employees.
• Accommodations: Pregnant employees are allowed to ask for reasonable accommodations that help them successfully do their work. Common accommodations include offering specific places to work, altering the types of tasks the employee does, or providing a safe place to pump breast milk.
• Taking Leave: A pregnant employee can ask for pregnancy disability leave because it is legally protected. After their leave, the employer must put them in a similar position they were in before taking maternity leave.

Why Do I Need an Attorney?

The addition of a new family member should be an exciting time in a person’s life. The last thing a pregnant person needs is the stress of discrimination from an employer. An attorney can help victims of pregnancy discrimination by:

• Gathering Evidence: Before filing a pregnancy discrimination claim, it is helpful to have as much evidence as possible that your employer is discriminating against you. An attorney can help you collect things like medical records, employment records, and any evidence of harassment or adverse treatment from your employer.
• Filing a Complaint: In order to begin the pregnancy discrimination claim process, an employee must file a complaint with the state of California. Working with an attorney during this process can help make sure you’re filing with the correct department and doing the paperwork correctly.
• Assisting With a Settlement: Before a claim goes to court, an employer can sometimes contact the employee with a settlement amount to prevent a lengthy and expensive court process. An employment lawyer can review the settlement to determine whether it is satisfactory or attempt to negotiate for a higher amount.
• Representation in Court: If you are unable to come to a settlement agreement before the hearing date, an attorney can efficiently represent you in court to make sure they understand your side of the story. They can also prevent you from speaking or acting inappropriately in court to maximize your chances of success.

While it is not legally necessary to hire an attorney to file a pregnancy discrimination claim, it can be incredibly helpful. An employment lawyer can tell you if you have a viable case and review your options with you. A robust legal team can help build your case for you while you worry about taking care of your family.

FAQs

Q: What Are the Elements of Prima Facie Pregnancy Discrimination?

A: In order to prove a pregnancy discrimination case, the employer must have known that the employee was pregnant at the time of the discriminatory actions. The employer must have also committed discriminatory actions against the employee due to their pregnancy, including firing them, not promoting them simply because they are pregnant, or not allowing them to take time off work for maternity leave.

Q: Is Pregnancy a Protected Status?

A: In Palmdale, California, pregnancy is considered a temporary disability. This protects employees from retaliation simply for being pregnant. A pregnant person should expect the same treatment from their employer as a non-pregnant person with a temporary disability, which allows them to request appropriate accommodations. According to Title VII, which amended the Civil Rights Act of 1964, discrimination against pregnant employees is legally considered sex discrimination.

Q: What Is the Pregnancy Discrimination Act of 1978?

A: The Pregnancy Discrimination Act of 1978 was an amendment to Title VII of the Civil Rights Act of 1964. This amendment specifically addresses discrimination against pregnant employees. It states that pregnant employees must be treated the same way as other employees. This includes equal treatment in hiring and termination, pay, benefits, and promotions. Employers cannot determine an employee’s ability to work only based on the fact that they are pregnant.

Q: What Is an Example of Pregnancy Discrimination?

A: Pregnant people have protections for a wide variety of aspects surrounding employment. Refusing to hire someone or firing someone simply because they are pregnant are some examples of pregnancy discrimination. It also includes things like limiting a pregnant person’s access to promotions or training, forcing them to reduce their hours or duties, or not providing them with reasonable accommodations upon request.

Nosrati Law is Here for You and Your Family

Pregnancy discrimination is the last thing a soon-to-be or new parent should have to worry about. Working with an attorney can help recover damages that benefit your whole family.

Schedule a consultation with Nosrati Law, A Professional Corporation, to see how you might benefit from a pregnancy discrimination claim.