The Right to Sue for Pregnancy Discrimination | Mann & Elias
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The Right to Sue for Pregnancy Discrimination


The way we experience life day-to-day has drastically changed, especially if you’re a parent or soon-to-be parent. If you have a child at home or are preparing for one along the way, there is a lot on your mind.

Having a baby should not negatively impact your career, as many claims happen when individuals decide on that next step. California law protects women from pregnancy discrimination by dictating to employers how your job should be protected. Our employment attorney in Los Angeles can help you get the compensation you deserve.

Pregnancy discrimination is not unheard of, especially as companies are starting to downsize and consider various alternatives to working norms. Discrimination of this nature is usually when a woman is treated unfairly due to pregnancy. Last year, the U.S. Equal Employment Opportunity Commission reported 2,753 receipts of pregnancy discrimination cases across the country.

With that being said, 313 settlements were reached by the end of 2019. Allegations like this can be categorized under various types of additional discrimination clauses, as mentioned in the Title VII of the Civil Rights Act of 1964. To eliminate stress, The Law Offices of Mann & Elias might be a great fit for consultation and walking you through processes if you need a skilled employment lawyer in LA.

We specialize in defending and representing clients with an array of claims, including employment. Our attorneys can help you determine liability, file the appropriate charges, fill paperwork, and make sure to meet key deadlines.

What Do You Need to Know?

Whether you are being discriminated against or your company is facing a serious lawsuit, it is imperative to understand this law. The laws protecting pregnant women from discrimination are complex and nuanced. Suppose pregnancy complications or health concerns are making it challenging to do your job. In that case, the employer is liable if they treat you unfairly, especially employees who identify as temporarily disabled.

Every day, many of us are adjusting and readjusting to a world that will be post-COVID. The last thing you should have to question is if you can get fired for being pregnant. Depending on your job, if the employer can provide disabled persons with alternative working situations, temporary leave, whether paid, unpaid, or a shift in work hours, you qualify for similar treatment.

Providing for your family will certainly look different. As a result, there is a broader focus on health concerns. During pregnancy, common complications are iron deficiency anemia and gestational diabetes. With a pandemic looming over us, additional stressors from coronavirus are high fever, shortness of breath, gastrointestinal problems, and more.

How Does the Government Rule Pregnancy Discrimination?

The Pregnancy Discrimination Act (PDA) intends to prevent and reprimand companies for discriminating against the pregnant community within all aspects of workplace and employment processes. Any workplace attorney for pregnancy discrimination disputes can tell you that involves the following: hiring, onboarding, firing, state of pay, promotions, layoff, benefits, health insurance, and additional aspects of employment. The government rules it is unlawful for any employer or company to engage in biased actions that mistreat a person during pregnancy or recent childbirth. It looks different for everyone, but common examples of unlawful behaviors include:

  1. Refusing to hire based on pregnancy or desirability to get pregnant
  2. The negative impact in compensation and benefits
  3. Refusal to provide temporary disability under specific circumstances
  4. When an employer shows unfavorability to a woman that needs to pump or breastfeed
  5. Firing or demoting a woman based on post-pregnancy medical or related conditions
  6. Inability to give time off to deliver the baby or tend to health

Additionally, if you’re pregnant in California, the employer is obligated to:

  1. Accommodate your medical needs for pregnancy, childbirth
  2. Modify your workspace and work environment (ex. More frequent breaks if needed)
  3. If you work a position that can be potentially harmful, the employer should move you to a less strenuous temporary position (if available)
  4. Pregnancy disability leave (PDL) without jeopardization allows you to return to your same job when the determined time is up
  5. Ability to take additional breaks after the child is born for pumping or handling pump-related instances as required in the Labor Code

Getting Started with The Process

If you feel that your employer discriminates against you because you are pregnant, you have the right to file a charge against them. To do so, you must report to the Equal Employment Opportunity Commission (EEOC) first to issue a right to sue letter. The letter confirms that you can legally move forward and file a lawsuit. Before getting issued one, the EEOC requires you to take part in an extensive process, which you will need an employment attorney in Los Angeles.

When the incident happened, you have a standard 180 days to file a claim with the EEOC. Any violation of the federal law requires a specific legal filing to ensure a straightforward process. Once submitted, the EEOC determines how you and your legal representation can proceed. The pregnancy discrimination claim can be applied to lawsuits under Title VII, Age of Discrimination in Employment Act, Americans with Disabilities Act and Genetic Information Nondiscrimination Act.

You can access your report through the EEOC’s online portal. We recommend checking periodically, as deadlines matter in this legal procedure. The public portal is available to you to update contact information, provide representation from an attorney, and upload important documents in support of your charge.

Within ten days of the filing date, the employer is then notified. You may get asked to participate in a mediation program that the commission offers to reach a reasonable settlement. It may also be suggested to find a pregnancy discrimination attorney for the workplace. However, seeking counsel outside is best for this reason.

Right to Sue Letter Prompts You to Act Fast

There are timestamps on how long you have to act when dealing with the commission. If the EEOC rules steps are followed inadequately and not timely, they will be unable to proceed with your case. However, if each step gets taken correctly, expect the EEOC to issue you a right to sue letter. If provided to you, the lawsuit has to be filed within 90 days. For more information about the letter or application process reach out to our pregnancy discrimination lawyer in Los Angeles. We also practice in Orange, Riverside, San Bernardino, Ventura and San Diego.

We Want to Represent You

Harassment of any form is unacceptable and subject to liability. Pregnant women or women that have just given birth are susceptible to getting treated unfairly in the workplace. The Law Offices of Mann & Elias have a skilled employment attorney, Los Angeles-based teammate that can meet your needs. Whether you are a parent, soon-to-be parent, or know of someone who is, we can represent you fairly. One of our previous pregnancy discrimination cases resulted in a $135,000 settlement. Our success comes from seasoned experience, trustworthy skills, preparation and research.


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