Pasadena Pregnancy Discrimination Lawyer

What Does Pregnancy Discrimination Look Like?

Pregnancy discrimination can take many forms. Some forms of discrimination are obvious, such as being harassed through overt comments about your pregnancy. Other ways can be more subtle, such as being demoted from your position while your employer claims it was for financial cutbacks. Some examples of pregnancy discrimination include:

• An employer refusing to accommodate breastfeeding mothers with the appropriate space to pump.
• An employer refusing to give an employee their legally allowed time off to recover from a C-section.
• An employee receiving a demotion after returning from maternity leave, such as a decrease in pay and responsibilities.
• An employee was fired after announcing her pregnancy.
• A qualified pregnant employee denied a promotion in favor of a less qualified employee.

Pregnancy discrimination may not be as obvious, especially because employers know they can face legal repercussions if they tell you directly that they are discriminating against you due to your pregnancy status. Employers will often try to hide behind other reasons to justify their actions. This is why it is important to hire a pregnancy discrimination attorney who can help you prove that discrimination has happened.

Evidence of Pregnancy Discrimination

To prove pregnancy discrimination in Pasadena, you must present evidence that it occurred. Sometimes, it is easier if you have direct evidence, such as an employer telling you that he did not choose you for a promotion because he believed with your baby due soon, you would not be able to perform your job tasks as effectively. This is not as common.

Often, pregnancy discrimination cases rely on circumstantial evidence. The combined evidence must show that it is more likely than not that your employer discriminated against you.

This could include proof that the employer did not follow their usual practices, such as adhering to a termination process outlined in the handbook. Instead, they fired you on the spot without going through their stated process, immediately altered their behavior toward you, or made decisions that were not in accordance with good business practices. It may also help to show that unfair treatment was given to other employees who had similar conditions.

How to Prove Pregnancy Discrimination

You can gather evidence that supports your claim of pregnancy discrimination even if your employer does not outright say that this was their reasoning for the unfavorable treatment you received. Evidence can include:

• Evidence your employer operated outside their normal routine. For instance, if your employer claims you were demoted for poor performance, but other employees got a written notice while you were immediately demoted, this could serve as evidence.
• Timing. An example would be if the incident occurs suspiciously right after announcing a pregnancy, requesting an accommodation, or returning from maternity leave.
• Their reasoning does not make sense; for instance, if they fire you due to financial cutbacks but shortly after hire someone new to replace you.

FAQs

Is it Hard to Win a Pregnancy Discrimination Case?

The strength of the evidence and legal counsel are key factors in determining the outcome of a pregnancy discrimination case. Employers may provide other justifications for their behavior, making it difficult to prove discrimination. Nonetheless, solid supporting evidence, eyewitness accounts, and trends of unfair treatment may strengthen a case.

What Are Examples of Discrimination Against Pregnancy?

Pregnancy discrimination includes things like refusing to hire someone because they are expecting, forcing a pregnant worker to take unpaid leave, retaliating against an employee for taking maternity leave, firing or demoting an employee after learning she is pregnant, and refusing to make reasonable accommodations for pregnancy-related conditions. Creating a hostile work environment by making disparaging remarks is also grounds for pregnancy discrimination.

Who Qualifies Under The Pregnancy Discrimination Act?

Both government employees and those employed by private enterprises with a minimum workforce are subject to the Pregnancy Discrimination Act (PDA). People who are pregnant, have health issues related to pregnancy, or have just given birth are protected. The worker must be employed by a legally recognized company to be eligible.

What Does Discrimination Look Like in Pregnancy?

Being treated unfairly because of one’s pregnancy, delivery, or related pregnancy issues might be considered pregnancy discrimination. Being let go, demoted, passed over for promotions, or denied reasonable accommodations are a few examples of this. More covert forms of discrimination include when an employer assigns fewer tasks, cuts back on work hours, or makes disparaging remarks.

Contact Nosrati Law, A Professional Law Corporation Today

If you have faced pregnancy discrimination, Nosrati Law, A Professional Law Corporation, can help you. Contact us today to begin fighting for the justice you deserve.