Los Angeles Pregnancy Discrimination Lawyers

Many employees in Los Angeles experience workplace discrimination in many forms, and it is possible for some to experience pregnancy discrimination. Some employers may treat a pregnant employee unfairly, and they should be held accountable. There are dedicated Los Angeles pregnancy discrimination lawyers who can help those with a pregnancy discrimination claim.

Pregnancy discrimination occurs when a job applicant or employee is treated unfairly or in a discriminatory manner simply because of pregnancy. This includes unfair treatment in all facets of employment, such as promotions, pay, job duties, termination, hiring, and employment benefits. There are federal and state laws in place that are meant to protect employees from pregnancy-related discrimination and mistreatment.

Employers may discriminate on the basis of pregnancy with full knowledge that what they are doing is wrong. All employees have specific rights, and those rights are protected by California laws. If you believe you were discriminated against by your current employer or a potential employer due to a pregnancy, you may be able to file a claim and receive compensation.

There are several steps you can take to address and resolve issues of pregnancy discrimination within your Los Angeles, CA workplace. Often, these steps involve taking the issue up with the person who did the discrimination or with the human resources department at your workplace. Unfortunately, this does not always resolve the issue. Discrimination cases do not always end with an internal resolution, and sometimes employers will retaliate.

At California Employment Counsel, APC, we can provide you with helpful legal advice regarding your case and assist you with filing a formal complaint with the Equal Opportunity Employment Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). We can represent you, defend your rights during the case, and seek compensation for any harm to you as a result of pregnancy discrimination.

Most importantly, we can make sure your employer obeys all anti-discrimination laws in the future.

There are many ways pregnancy discrimination can occur in the workplace, including:

• Failure to Hire – It is not uncommon for an employer to refuse to hire a potential employee if they are pregnant or intend to become pregnant at some point. This is a form of discrimination.
• Pregnancy Harassment – Any kind of harassment on the basis of a pregnancy, including making offensive jokes and comments or behaving in a hostile way.
• Failure to Accommodate – Employers are required by law to provide reasonable accommodations to employees who are pregnant or have recently given birth. If your employer refuses to accommodate you, it may be discrimination.
• Forced Pregnancy Leave – Forcing an employee to go on unpaid leave when there is nothing restricting them from doing their job, and they are willing to and medically capable of performing their duties.
• Retaliation – Attacking an employee as a response to them standing up for their rights to not be discriminated against or for filing a complaint.

Any of these incidents, and many more, occurring in the workplace can qualify as pregnancy discrimination. You may feel you were unfairly treated because of your pregnancy or something related to your pregnancy, and it is very possible that you were. Being aware of your company’s pregnancy discrimination policy and the rights you have as an employee are crucial.

When it comes to proving discrimination, the documentation and evidence that is present are always significant factors. It is common for a discrimination case to rely on evidence that is circumstantial, such as patterns in the way you are treated, rather than evidence that is more direct, such as an action or comment that is intended to be discriminatory.

The evidence may not always be there, which is why it is important to document any and every incident where you believe you were discriminated against because of your pregnancy. Your documentation may be the strongest part of your case; therefore, it should be detailed. It is not impossible to prove pregnancy discrimination, but it can be a challenge.

Filing a pregnancy discrimination claim can be complicated depending on your situation, so a good first step would be to contact a Los Angeles pregnancy discrimination law firm for assistance if your case is complex. It is not a requirement to have a lawyer for a case such as this, but being aware of your rights and the laws is vital to the outcome of your case. To file a pregnancy discrimination claim, you start by doing the following:

• Get in contact with the California DFEH or the U.S. EEOC to start a complaint. Typically, it is enough to file with the DFEH, but if you would like to file on both a state and federal level, you can. Both complaints will be processed and handled together.
• When you file your complaint, you want to make sure you give sufficient detail about what the discriminatory actions were, when they happened, where they happened, who was involved, and if there were witnesses. You should also include why you believe the discrimination was based on your pregnancy and if there was any retaliation in response to your defending your rights.
• After filing the complaint, there will be an investigation into your claims. It is important to be cooperative in this instance. Any documentation or information that is requested should be given. It can greatly help your case if you provide all the facts.

Keep in mind that when filing a pregnancy discrimination claim with the DFEH and the EEOC, the statute of limitations is different for both. The DFEH has a statute of limitations of 1 year, while the EEOC has a statute of limitations of 180 days. The EEOC statute may be extended to 300 days if you file a claim with both agencies.

If you are a pregnant employee or have recently gone through childbirth, there are certain rights you may have that you should be aware of and that your employer may not infringe on.

• Pregnancy Discrimination Act (PDA)The Pregnancy Discrimination Act is a federal law that prohibits discrimination against a person in any way on the basis of pregnancy. This statute also includes the prohibition of discrimination based on childbirth or medical conditions related to pregnancy and childbirth. The law considers pregnancy to be a temporary disability and requires that employers treat their pregnant employees the same way they would other temporarily disabled individuals they employ.
• Pregnant Workers Fairness Act (PWFA)PWFA was implemented as a method of legal protection for applicants and employees who have certain restrictions due to pregnancy, childbirth, or medical issues related to either. It requires employers to give reasonable accommodations to these employees. This law, however, only applies to what is referred to as “covered employers.” These are employers of the public and private sector with a minimum of 15 employees, federal agencies, congress, labor organizations, and employment agencies.
• Family and Medical Leave Act (FMLA)Under the FMLA, eligible employees are allowed to take job-protected, unpaid leave for named medical and family reasons, and their health insurance coverage should continue as if they had not taken leave. These employees are allowed 12 work weeks of leave within a 12-month period for birth, care of an infant under a year old, and any serious health situation that prevents them from doing the essential parts of their job.
• Pregnancy Disability Leave (PDL)If you are going through pregnancy disability due to medical conditions related to pregnancy or childbirth, you may be entitled to a maximum of 4 months of unpaid leave. By law, employers who have more than five employees are required to provide the leave. Some common medical conditions that may qualify as pregnancy disability include morning sickness, postpartum depression, pre-eclampsia, bed rest conditions, and loss of pregnancy.It is important to note that taking leave under PDL does not equate to taking maternity leave. Even if you take this leave, you may still be entitled to maternity leave under the Family and Medical Leave Act or the California Family Rights Act. Leave under PDL can also be taken as needed.
• California Family Rights Act (CFRA)Under the California Family Rights Act, employees who are new parents have the right to take time off from work for up to 12 weeks in order to bond with their new child. There are specific conditions that have to be met by the employee and employer before an employee can be eligible for this kind of job-protected leave.
  1. The employee must have worked at least 1,250 hours during at least a 12-month period.
  2. The employer must employ at least five part-time or full-time employees.
  3. Eligible employees must take CFRA leave within a year of the child being born.

As you can see, some of these laws are specific to the circumstances of the pregnancy and the work environment. It is important to be familiar with these laws so that you know exactly how they may or may not apply to your situation. Having a lawyer who is already knowledgeable about employment and discrimination laws can be very beneficial.

All employers in California have legal obligations to their pregnant employees as a part of their civil rights. Employers are obligated to:

• Reasonably accommodate any of your medical needs that are connected to pregnancy, childbirth, or other associated conditions. This can be done by changing work duties temporarily, giving you a chair if your job requires standing for long or granting you more breaks.
• Transfer you to a position or duties that are less stressful and in safer conditions if medically necessary and if such positions or duties are readily available.
• Provide you with pregnancy disability leave if you are disabled by your pregnancy and reinstate you to your position or a similar position once you return from leave.
• Give an amount of break time that is considered reasonable, as well as a private area for breast pumping.

While pregnant employees have many rights, you also have certain obligations to your employer. These are important obligations to fulfill in order to be sure you have done everything you are supposed to do as an employee and protect yourself if discrimination does occur at some point in the future.

• Give reasonable notice. You are obligated to give your employer ample notice if you expect that you will need to take Pregnancy Disability Leave or if you need to receive any accommodations. The standard notice time is at least 30 days so that the employer can plan accordingly.
• Give notice as soon as you can in an emergency. It is understandable that emergencies happen, and many things cannot be planned for. In the event that there is an unexpected or unforeseeable event related to your pregnancy, you should be sure to give notice to your employer as soon as possible.
• Provide a written certification. It may be required for you to give a written certification from your provider expressing a medical necessity for PDL or the requested accommodations. If it is an emergency, your employer must allow you at least 15 days to give the certification unless you are unable to do so under your circumstances.

If reasonable notice is not given, or you fail to provide your employer with a written certification when required, any hold-up in receiving PDL or other accommodations may be justifiable.

At California Employment Counsel, APC, we understand the stress and difficulties that come with having a child. Pregnancy discrimination adds an unwanted and unneeded level of strain that can possibly cause you harm. That is why we are here to help. When you are ready to file your claim, we can guide you through the process and take away the anxiety of the paperwork and legal process. Contact our team for a consultation today.