HOW A PREGNANCY DISCRIMINATION LAWYER IN LOS ANGELES CAN WIN YOUR CASE
Do you believe your employment status has been negatively affected because of your pregnancy? While it is unlawful, it is not uncommon for employers to fire, demote, or deny benefits to women because of their pregnancy. If you believe this is true in your case, contact an employment lawyer in Los Angeles to find out how you can take legal action and receive the damages you are owed.
WHAT IS PREGNANCY DISCRIMINATION?
Pregnancy discrimination can refer to any number of hostile acts related to an employee or applicant’s state of pregnancy. In its most basic sense, it is a form of illegal sex discrimination covered under the Pregnancy Discrimination Act (PDA). According to the U.S. Equal Employment Opportunity Commission, it “forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, job assignments, promotions, health insurance, and any other term or condition of employment.”
Suppose a woman cannot perform her job duties due to pregnancy (or a medical condition related to her pregnancy). In that case, the employer must treat her in the same manner as it treats other disabled parties. The employer can provide lighter duties, alternative assignments, unpaid leave, or disability leave. Additionally, pregnant employees in California may also be covered under the Family and Medical Leave Act (FMLA), which allows for up to 12 weeks of paid or unpaid leave. Under the Fair Labor Standards Act, nursing mothers may also have the right to produce milk in the workplace.
For a better understanding, a few examples of pregnancy discrimination include:
- Getting fired while pregnant or because of pregnancy
- You were denied the position due to pregnancy
- A female employee was asked if she intends to become pregnant
- Seeing a change in job assignments without cause or reason
- The maternity leave you requested got denied
- Employers failed to accommodate you for pregnancy-related disability
- When you returned from leave, you had a different position
- Any form of workplace harassment or verbal assault
Employees are also protected from discrimination of past pregnancies or medical conditions. Getting fired for pregnancy-related needs is a violation of your rights. Regardless of how much time you’ve taken off work, or the number of accommodations you’ve requested, it is unlawful for any company to allow these retaliatory acts.
PRE- AND POST-PREGNANCY MEDICAL CONDITIONS
At Mann & Elias, we protect employees at every stage of their pregnancy, including sickness and childbirth. Common medical conditions associated with most discriminatory claims are:
- Pre-eclampsia
- Lactation concerns
- Back pain
- Gestational diabetes
- Bed rest / limited movement
Working during pregnancy can be difficult, especially complications such as anemia, pre-eclampsia, or gestational diabetes. Your employer is required to pay for accommodations that should help you do your job. If they are refusing to adjust your conditions, then you may need to take legal action.
LEGAL PROTECTION OF PREGNANT WORKERS UNDER FEDERAL LAW
When you are pregnant and still working, federal law mandates that you ask for reasonable adjustments that will allow you to safely do your job duties without posing a risk to your pregnancy or safety. If your employer is not aware of these regulations or chooses to ignore them entirely, that would warrant a labor attorney.
The following federal and state laws protect pregnant women in the workplace:
The Pregnancy Discrimination Act (PDA) protects against discrimination and mandates employers treat women (pregnant, recently gave birth, or have a birth-related condition) the same as all other employees.
This act works in conjunction with Title VII of the Civil Rights Act of 1964. Pregnancy is one of several protected conditions. When you file a claim against your employer, we will categorize it as sex discrimination per Title VII. Men can also sue their employer for getting denied the pregnancy-related benefits if eligible.
California Pregnancy Disability Leave Law (PDLL) gives up to four months of leave to women with pregnancy disabilities. It is illegal for your employer to deny you PDLL or leave per the California Family Rights Act and Family and Medical Leave Act. Failure to accommodate your leave is an act of discrimination, as well.
WHAT IS NEEDED TO PROVE A PREGNANCY DISCRIMINATION CASE?
The key to winning your wrongful termination case due to pregnancy is evidence. It can be circumstantial, such as hiring a less qualified individual to take your place and unequal treatment between you or the other employees.
If you believe that you have experienced pregnancy discrimination in the workplace, then you are not alone. Unfortunately, many victims have not been hired, received a promotion, denied benefits, or fired because of their pregnancy. You have the right to pursue justice if you have experienced such unlawful behavior in your workplace.
You shouldn’t have to choose between your family and profession, nor endure the legalities of discrimination because of pregnancy. When you hire an employment attorney in LA, we will prioritize your case to get you compensated immediately!
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
Employment law requires years of experience, considerable advocacy skills, and a commitment to high-quality legal representation. At Mann & Elias, we have all three. Since 1998, we have successfully settled hundreds of claims and recovered more than $18 million in settlements and verdicts.
Our team has helped clients across Los Angeles, San Diego, Ventura, Riverside, Orange, or San Bernardino recover damages in the state of California.
With laws and policies constantly changing, you’ll need an experienced attorney that understands every aspect of discrimination law. Don’t be intimidated by investigating or pursuing the possibility of a lawsuit, as you are legally protected from employer retaliation.
READY TO DISCUSS YOUR CASE?
At the Law Offices of Mann & Elias, we specialize in advocating for victims who have experienced pregnancy discrimination in the workplace. We will help you understand what proof (direct evidence, circumstantial evidence) and other factors to know what is needed to prove a pregnancy discrimination case.
For more information on employment rights regarding pregnancy, contact an attorney with experience in employment litigation. If you believe you have been mistreated and discriminated against, act as soon as possible.
To schedule your first consultation, give us a call at 323-866-9564 or email info@mannelias.com.
RELATED ARTICLES ABOUT PREGNANCY DISCRIMINATION
Our Los Angeles pregnancy discrimination lawyers have compiled a list of helpful articles below regarding pregnancy issues at work.
Does Pregnancy Affect Unemployment Benefits?
If you find yourself in need of unemployment benefits, you may be wondering if your pregnancy affects your eligibility. Your state’s unemployment office will not ask if you are pregnant, so your impending motherhood should not be a problem. This article breaks down the unemployment benefits pregnant women are eligible for and what might make you ineligible for benefits.
Can I Be Denied a Job Because I’m Pregnant?
When you’re searching the job market, you may feel like your pregnancy is a mark against you as an applicant. Getting denied a job because you’re expecting is illegal per federal law. You should be free to work without keeping it a secret, free from bias and stereotypes. Pregnancy discrimination is hard to prove in court, but a skilled and aggressive attorney like one from Mann & Elias can ensure that you receive justice for any unfair treatment you may have suffered.
Helping Patients Deal with Pregnancy-Related Limitations
Both the Pregnancy Discrimination Act and the Americans with Disabilities Act protect pregnant employees. If you ask for work accommodations or temporary reassignment to lighter duties, your employer should oblige to provide documentation. Examples of reasonable accommodation include:
- Ergonomic office furniture
- Permission to work from home
- Altered break/work schedule
- Shift changes
- Elimination of marginal job duties
The Right to Sue for Pregnancy Discrimination
The pandemic has drastically changed employment for many Americans across the U.S. What hasn’t changed is the rate of discrimination workers face – especially pregnant women. When it comes to your job, the last thing you should have to worry about is whether you’ll have a job after maternity leave, requesting accommodations, or if upper management will retaliate against you. If that happens, you have the right to sue your employer for unfair treatment due to your pregnancy with the help of a discrimination law firm.
FAQs ABOUT PREGNANCY DISCRIMINATION
I’m pregnant. Will I still get protected from harassment at work?
Yes! You are protected against physical assaults, threats, unwarranted comments, insults, retaliation, and other forms of intimidation that impact your work performance.
I’m not pregnant. How do I bring a claim against my employer for discrimination?
Whether you are thinking of or planning to become pregnant, laws protect you from differential treatment. Your employer is prohibited from discriminating against employers for expanding their families or being of childbearing age.
Is it legal for employers to ask employees whether they’re pregnant?
It is not illegal for an employer to ask if you are pregnant or plan to become pregnant. However, if it impacts their decision to hire you – that is considered a form of pregnancy discrimination in court. A discrimination attorney in LA will consider this when establishing your case.
If you can perform your job, is a mandated leave required?
No employee should be forced to take leave. If you can perform your job duties without straining your health, you can decline their offer. In most cases, your employer might be trying to protect you – but it violates the Pregnancy Discrimination Act.
What changes should I expect regarding health insurance?
You shouldn’t see drastic changes. The health insurance coverage must also expense pregnancy and pregnancy-related costs as it would for other medical conditions. It is illegal for an employer to impose additional costs or initiate a higher deductible just for pregnancy.
How can an attorney help me, a victim of pregnancy discrimination?
We take workplace discrimination very seriously. At Mann & Elias, we understand your rights and can help you identify all your legal options to hold the employer accountable. With a strong track record of recovering damages of our clients, we will ensure the company:
- Rehires you
- Get you financial compensation
- Promotes you (if you were qualified and passed over due to pregnancy)
- Hires you (if you were denied due to pregnancy or pregnancy-related conditions)