ARE YOU BEING DISCRIMINATED AGAINST DUE TO YOUR PREGNANCY? CALL US TODAY
In past years and still today in many companies, women who are pregnant or even considering the possibility often find themselves being subjected to harassment or in some cases being demoted or losing their jobs. Although federal law does offer protection to these workers under the Pregnancy Discrimination Act, that does not stop some employers from finding ways to force pregnant workers from their companies. If you have found yourself in this position, you should not allow your employer to get away with these violations of federal law. Since you do have the law on your side and many options available to you, hold your employer accountable for their actions by speaking to an employment attorney in Los Angeles.
Legal Protection for Pregnants
When you are pregnant and still on the job, federal law allows you the right to work adjustments that will still allow you to safely do your job without posing a risk to your pregnancy. However, your employer may not see it this way, and thus attempt to remove you from your job entirely due to your pregnancy. If you do not know your rights and protect them in these situations, your employer may get away with a clear violation of federal law. Rather than let this happen, choose to have a consultation with attorneys at Mann Elias, where you can speak to a pregnancy discrimination lawyer Los Angeles employees trust.
Can I Get Fired for a Pregnancy?
Based on the Pregnancy Discrimination Act, an employer cannot fire you from your job simply due to your pregnancy. In addition, employers are not allowed to force you to take leave time, reject you for a job or promotion, or force you to accept lesser job assignments while pregnant. However, you should remember that if your employer deems your inability to do aspects of your job a threat to the safety of others, they do in these cases have the right to remove you from your job. Since an unscrupulous employer may try to suggest you now pose a safety risk in your job due to being pregnant, it may be best if you speak to an experienced workplace discrimination attorney for pregnancies.
If You’re Harassed, Tell Your Employer
If you are being harassed by other employees due to various aspects of pregnancy, tell your employer at once. This is crucial, since notifying your employer can play a vital role if and when you file a formal complaint with the U.S. Equal Employment Opportunity Commission. Since your employer will be legally obligated to stop the harassment once they are informed of it taking place, their failure to do so could significantly work to your advantage in a future complaint or lawsuit. Rather than be afraid and wonder if you can get fired for being pregnant in California, make your concerns known immediately to a Los Angeles employment attorney who fights hard for the rights of pregnant women.
You Don’t Have to be Pregnant
Under the Pregnancy Discrimination Act, you are afforded protection for other situations other than actually being pregnant. These include if you have been pregnant recently, intend to become pregnant, have a pregnancy-related medical condition, or have had or may be considering an abortion. In any of these situations, employer discrimination is not tolerated under any circumstances. Even if an employer disagrees with your decision based on their religious beliefs, they do not have justifiable cause to direct any actions at you that could be construed as discriminatory. If you believe your employer discriminated against you in this manner, it is important you stand up for your rights by discussing your situation with a pregnancy discrimination attorney who Los Angeles women respect for their track record of success in such cases.
If you are having problems doing your job in the usual manner due to your pregnancy or a medical condition related to your pregnancy, you may be entitled to a workplace accommodation from your employer. When this occurs, your employer will allow for certain changes that help you perform your duties safely and more comfortably. Common examples of accommodations include altering break and work schedules, allowing you to sit or stand if necessary, or even giving you permission to work from home. If you feel as if you need an accommodation, remember that you may be entitled to it under either the Pregnancy Discrimination Act or the Americans with Disabilities Act. Should your employer resist providing accommodations and start implying you may not have a job much longer, it’s time to get legal representation by hiring a skilled pregnancy discrimination lawyer for the office to handle your case.
What if I Cannot Work Due to My Pregnancy?
In some cases, your pregnancy may simply be too hard on you to let you continue working while you await the birth of your baby. If this happens, your employer still cannot legally fire you from your job. Instead, you may need to take unpaid leave time as your workplace accommodation. Also, you may want to see if you qualify for leave under the Family and Medical Leave Act, which is strictly enforced by the U.S. Department of Labor.
Contacting the EEOC
If you believe you were discriminated against or harassed due to your pregnancy, you can contact the EEOC once you feel as if you have exhausted all available methods to solve the problem internally. Once the EEOC is contacted, it will investigate the matter and present you with its findings. To file a charge of discrimination, you must do so within 180 days of when the alleged incident first happened. Should you do so, your employer has no rights to retaliate against you, since this is also prohibited by federal law.
Since a pregnancy can be stressful enough, you don’t need the extra burden of wondering can you’ll be fired because of it. Should you have questions about your situation, schedule your consultation today with an LA workplace lawyer at Mann Elias.