Los Angeles Pregnancy Discrimination Lawyer

Fighting Against Pregnancy Discrimination in California

Did you face pregnancy discrimination at work in Los Angeles? If so, then you may be able to secure relief under state or federal law. Many times, it is not just about the lost wages, benefits, attorney fees, or compensation for the emotional toll you can gain in a successful pregnancy discrimination case. By holding your employer accountable for its illegal actions, you may help coworkers avoid facing future similar discrimination.

Our pregnancy discrimination lawyers know the California maternity leave laws. We also know the federal protections that uphold your workplace rights to pregnancy leave and accommodations. When employers refuse to leave or retaliate against pregnant women, we offer experienced legal representation. Take advantage of our free consultation.

Contact our Los Angeles pregnancy discrimination attorney online or by calling (310) 997-4431 today!

What is the Pregnancy Discrimination Act?

The Pregnancy Discrimination Act (PDA) protects discrimination against pregnant employees. The PDA further mandates that employers must treat women affected by pregnancy, childbirth or related medical conditions the same for all employment-related purposes as other persons not affected but similar in their ability or inability to work. This includes receipt of benefits under fringe benefit programs.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Employers must treat pregnant women and new mothers in the same manner as other applicants or employees with similar abilities or limitations.

Male employees may also state a claim under the Pregnancy Discrimination Act. They may do so for limitations of the pregnancy-related benefits afforded their wives.

What Protections Are There for Women in the Workplace?

Pregnancy Hiring Discrimination

Simply put, an employer cannot refuse to hire a woman because of her pregnancy if she can perform major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of coworkers, clients, or customers.
 

What are My Rights for Maternity Leave?

Women may seek maternity leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). The California Pregnancy Disability Leave Law (PDLL) may also provide up to four months of leave to women disabled by pregnancy. Denying these pregnancy leaves is illegal and a violation of your rights.

An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, an employer may use any procedure used to screen other employees’ ability to work. For example, if an employer requires its employees to submit a doctor’s statement before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, then the employer must treat her the same as any other temporarily disabled employee. For example, the employer can offer modified tasks, alternative assignments, disability leave, or leave without pay.

Employers must permit pregnant employees to work as long as they can perform their jobs. If an employee was absent from work as a result of a pregnancy-related condition and recovers, then her employer may not require her to remain on leave until the baby’s birth. Additionally, an employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy-related absence or maternity leave for the same length of time jobs are held open for employees on sick or disability leave.

What Proof Do I Need in a Pregnancy Discrimination Case?

Critical evidence that can support your claim includes:

• Documentation of Discriminatory Practices: Collect any written communication, such as emails, memos, or letters, that indicate biased behavior or decisions about your pregnancy. This could include statements from supervisors or HR representatives that show a negative attitude towards your pregnancy or maternity leave.
• Performance Records: Gather records that show your performance and achievements before and after you announced your pregnancy. This evidence can help establish whether there was a sudden decline in your performance evaluations or other forms of retaliation coinciding with your pregnancy.
• Witness Testimonies: Statements from colleagues or witnesses who observed discriminatory behavior or comments can be crucial. They can provide testimony about how your pregnancy affected your treatment at work and corroborate your claims of unfair treatment.
• Employment Policies and Practices: Review your employer’s written policies on maternity leave, pregnancy accommodations, and equal employment opportunities. Any deviation from these policies or failure to follow them may indicate discriminatory practices.
• Medical Documentation: If your pregnancy has required special accommodations or medical leave, obtain documentation from your healthcare provider. This can help support your need for reasonable accommodations or medical leave and show that your employer knew these needs.
• Comparative Evidence: Provide evidence of how other employees in similar situations were treated. If employees who were not pregnant received different treatment or accommodations, it can strengthen your claim that your pregnancy influenced your treatment.
• Records of Retaliation: If you faced retaliation after reporting discriminatory practices or requesting accommodations, document these incidents. Retaliation can include disciplinary actions, demotions, or other forms of adverse employment actions taken in response to your complaint.

Call (310) 997-4431 or contact our Los Angeles pregnancy discrimination lawyer online today!