Any expectant mother in Orange County knows that there are laws in place to protect them from discrimination in the workplace. But unfortunately, these laws are not always followed, and many mothers find themselves the victims of pregnancy discrimination. If you have been the victim of any discrimination related to your pregnancy status, it is important to understand your rights and fight back.
At California Employment Counsel, APC, our Irvine pregnancy discrimination attorneys have extensive experience handling these cases. We are driven to help our future mothers get the treatment and respect they deserve in the workplace, as we appreciate how important it is for them to be able to provide for their families. If you are suspicious that you have been the victim of pregnancy discrimination, or if you have already been fired or demoted because of your pregnancy, please do not hesitate to contact our office for a consultation.
What Is Orange County Pregnancy Discrimination?
Pregnancy discrimination covers situations when an employer treats a pregnant employee or job applicant unfavorably due to their pregnancy status, childbirth, or a medical condition related to pregnancy or childbirth. This type of unfavorable treatment could be in the form of firing, demoting, or refusing to hire a pregnant woman. Additionally, an employer may try to force a pregnant woman to take leave or take a pay cut.
Pregnancy discrimination is illegal, and it is important for employees to know their rights. The Pregnancy Discrimination Act (PDA) is a federal law that makes it unlawful for employers to treat anyone differently based on their pregnancy status. With this law in place, mothers should not have to worry about being discriminated against in the workplace. Unfortunately, discrimination still occurs and will require the help of an Irvine pregnancy discrimination attorney to put a stop to it.
How Do I Know If I Have Been Discriminated Against?
There are a few key signs that may indicate you have been the victim of pregnancy discrimination. If any of these scenarios apply to you, you should consult with an attorney right away to determine the best course of action:
You were denied a job or promotion that you were qualified for because of your pregnancy.
You were forced to take leave or told you could not return to work after your pregnancy leave.
Your job duties were changed after you announced your pregnancy.
You were treated differently compared to other employees who are not pregnant.
You were harassed at work because of your pregnancy.
You were fired because of your pregnancy.
You were forced to take disability.
How Do You Prove Pregnancy Employment Discrimination?
To prove that pregnancy discrimination occurred, you will need to show that your employer took some adverse action against you because of your pregnancy. This type of proof could come in the form of:
A written statement from your employer that clearly states that the pregnancy was the reason for the adverse action.
Email or text messages from your employer that show pregnancy as the reason for the adverse action.
Testimony from coworkers or other employees that shares how they were treated compared to how you were treated.
If you have any of this type of evidence, it is important to save it and bring it to your attorney. This will be helpful in proving your pregnancy discrimination case.
What Should I Do If I Have Been Discriminated Against for Being Pregnant?
If you believe you are a victim of pregnancy discrimination, there are a few steps you should take:
Report the discrimination to your supervisor or HR department.
Save any evidence of the discrimination, such as emails, text messages, or written statements.
Speak with an experienced pregnancy discrimination attorney to discuss your legal options.
Advance a pregnancy discrimination claim with the EEOC or equivalent state agency.
Advance an official charge of discrimination against your employer via a legal claim.
What Are the Remedies for Pregnancy Discrimination?
If you are successful in your pregnancy discrimination claim, you may be entitled to a few different types of relief. This could include:
Back and front pay: These are the funds you would have earned had you not been subject to discrimination. It can also include benefits you would have received, such as health insurance that was terminated because of the discrimination.
Reinstatement: This could mean being given your job back or being placed in a comparable position.
Compensatory damages: These are damages intended to compensate you for emotional harm caused by the discrimination.
Punitive damages: These are damages that punish the employer for their bad acts.
Promotion: If you were denied a promotion because of your pregnancy, you may be entitled to the promotion and back pay for the time you would have worked in that position.
What Qualities Should I Look for in a Pregnancy Discrimination Attorney?
When you are seeking an attorney to handle your pregnancy discrimination claim, it is critical to find someone with direct experience in handling these types of cases. You should also look for an attorney who is:
Compassionate: Dealing with pregnancy discrimination can be a difficult and emotional experience. You want a professional who will be compassionate and understanding of what you are going through.
Aggressive: Pregnancy discrimination claims can be complex and challenging. You want an attorney who is aggressive and will fight for your rights.
Communicative: You should be able to communicate with your attorney and have your questions answered in a timely manner. In addition to your own personal communication, you will want to ensure that they can communicate well with all other stakeholders in your case, including witnesses, the court, and opposing counsel. This skill also has a large influence on their negotiation abilities, which could make or break how much you are awarded if your case is successfully litigated.
Contact California Employment Counsel, APC, Today
Pregnancy discrimination is unjustly prevalent in a world where women make up almost half of the workforce. If you have been the victim of pregnancy discrimination, contact California Employment Counsel, APC, today. We will review your case under Orange County employment law and help you understand the best course of action to take. We are here to fight for you and get you the justice and compensation you deserve.
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