Torrance Pregnancy Discrimination Lawyer

Examples of Pregnancy Discrimination

Pregnancy discrimination can take different forms. In some cases, although rare, an employer may tell you directly that they chose a course of action due to your pregnancy status. More likely, an employer will mask the reason behind another reason, such as claiming your demotion was due to budget cuts. Some examples of pregnancy discrimination include:

• Refusing to provide a space for a lactating mother to pump.
• Immediately terminating an employee after announcing a pregnancy, especially if they do not have a history of poor performance.
• Denying a qualified pregnant worker a promotion and giving it to someone else who is less qualified.
• Making negative comments or poorly treating an employee after discovering they are pregnant, especially if the negative comments were not present before.
• Demoting an employee after returning to work from C-section recovery without an explanation.

Proving Pregnancy Discrimination

Sometimes, proving pregnancy discrimination can be difficult. While there may be instances of an employer admitting to discrimination, this is not as common. You will likely have to provide evidence of discrimination. This can include:

• Showing that any harassment you encountered started after announcing a pregnancy or related condition.
• Proving that your employer deviated from their normal standards. For example, if your employee handbook states that the proper process for termination is to receive a verbal warning first, but your employer does not offer you a verbal warning and instead terminates you on the spot after a pregnancy announcement.
• Showing that the timing of the decision was suspicious, coinciding with your pregnancy reveal or request for an accommodation.
• Providing evidence that your employer treated other employees with pregnancy conditions in similar unfair manners. You can prove this by getting their statements about what happened to them.

Damages in a Pregnancy Discrimination Case

If you were subjected to pregnancy discrimination at work, you may be entitled to compensation. You can typically file a claim for:

• Economic damages, such as lost wages from demotion or termination and legal fees. You may also claim for lost future pay if you were not reinstated to your previous job.
• Noneconomic damages, such as emotional distress, anxiety, depression, or any other mental stress you suffered as a result of the ordeal.
• Punitive damages are not as common as other damages. The purpose of these damages is to punish the offender for grossly negligent wrongdoing.

FAQs

What To Do If You Get Laid Off While Pregnant?

Make a note of the situation and request a formal explanation if you are fired while pregnant. File a complaint with your state’s labor department or the Equal Employment Opportunity Commission (EEOC) if you believe there has been discrimination. Speak with an employment lawyer in Torrance to find out if the layoff was illegal and to evaluate your rights. If the termination was due to pregnancy, you might be eligible for reimbursement, reinstatement, or legal action.

What Are the Consequences of Pregnancy Discrimination?

Legal repercussions for employers who are proven to have discriminated against pregnant workers include punitive damages, emotional distress compensation, and monetary compensation for lost pay. They might also have to alter workplace regulations and reinstate the worker.

Businesses that violate employment rules risk government fines or penalties, harm to their reputation, and decreased employee morale, in addition to legal repercussions. Moreover, discrimination claims may result in expensive legal action and regulatory examination.

How Likely Are You to Win a Discrimination Claim?

The quality of the evidence, the attorney, and the specifics of the case all affect the likelihood of winning a discrimination claim. Witness accounts, clear documentation, and evidence of discriminatory treatment can increase success. Legal knowledge is essential since employers frequently defend themselves by pointing to performance problems or business requirements. Though results vary depending on the facts and relevant laws, many cases are resolved before trial.

What Are the Defenses to Pregnancy Discrimination?

Employers can argue that decisions were made for valid business reasons unrelated to pregnancy to defend against charges of pregnancy discrimination. They may use excuses like low performance, layoffs, or problems with attendance. Some can argue that the employee did not properly request accommodations or that they made reasonable concessions.

Contact Nosrati Law, A Professional Law Corporation

If you have been discriminated against, Nosrati Law, A Professional Law Corporation can help you seek the justice you are entitled to. Contact us today to learn more.