Pregnancy Discrimination Lawyer | Los Angeles San Diego, San Francisco, California

Discrimination or harassment based on being pregnant takes many forms. State and federal laws exist to protect pregnant employees.

14 Pregnancy Discrimination Examples

Vanessa has worked at Stallone Law Firm for three years as an attorney. This year, Vanessa and her husband are happy to report that Vanessa is pregnant. Although Vanessa vaguely remembers a question about “becoming pregnant” in her initial application to Stallone, she does not think her pregnancy will be a problem.

Vanessa is friendly with both law partners, Mitch and Brian, and last year they both suggested that based on her top-notch work, she might be able to become a partner soon. Vanessa deals with clients professionally, has won numerous cases, and has evolved into a “lawyer to watch” in the Los Angeles area. She even contributed a quote to an article in the LA Times about female attorneys.

Vanessa is excited about her career and pregnancy and is confident she can handle both successfully. We will check back in with Vanessa in a bit.

Pregnancy discrimination occurs when employers wrongly treat job applicants or full-time employees because they are pregnant. In addition, pregnancy discrimination occurs when employers unfavorably single out employees because they are with a child.

California does not allow employers with five or more workers to base hiring decisions or actions on an employee’s pregnancy condition.

Pregnancy discrimination is considered sexual discrimination in California. By definition, sexual discrimination includes making hiring decisions based on:

Gender
Sexual orientation
Sex

Additionally, it is against the law in California for businesses to commit these actions based solely on an employee being pregnant:

Demoting the employee
Docking the employee’s pay
Terminating the employee
Excluding the employee
Harassing the employee
Refusing to hire the employee

How Do Workers Know if They Have a Pregnancy Discrimination Case?

Individuals may have grounds for a pregnancy discrimination case if their employer:

Refused to hire them
Terminated their employment
Demoted them
Changed their job position without explaining or justifying the change
Asked on the job application if they planned to become pregnant

What Are an Individual’s Rights As a Pregnant Employee in California?

As an employee with a child, Vanessa should possess the same rights as other employees. Pregnant employees also should enjoy a variety of other rights, specifically for individuals who are expecting.

What Are the Legal Rights of Pregnant Employees?

Pregnant workers have the legal right to:

A comfortable, safe work environment
No hostility or discrimination
The ability to apply for a job without an employer refusing based on pregnancy
The ability to take a sensible leave without employer retaliation

Some companies discriminate against individuals after finding out they are pregnant, and this might be happening to Vanessa at Stallone Law Firm. Vanessa noticed some changes that she fears are related to her condition. Other employees might see changes to:

Pay status
Employment status
Privileges at the workplace

As an accomplished attorney, Vanessa knows that she has options. She sits with her husband, Charlie, an attorney, and tells him about her issues at work. Lately, Brian has been excluding Vanessa from meetings and making jokes that feel to Vanessa like harassment. Also, Mitch has referred to docking Vanessa’s pay because she “won’t be able to perform as she used to for years.” Both partners even suggested that the firm demote Vanessa to a paralegal position or assistant.

Vanessa strongly considers filing a lawsuit against Stallone Law. She knows that by taking this action, she can highlight the discrimination she has suffered and protect herself and other women in her position. In addition, Vanessa’s husband, Charlie, reminds her that a lawsuit could also help her recover some of the money she has lost based on her lack of clients.

Vanessa has the right idea because workers who are discriminated against for their pregnancies can file lawsuits against their employers. Lawsuits can result in:

Recovery of lost wages
Recovery from emotional distress
Recovery of lost career opportunities
Recovery of other damages

Is Pregnancy Discrimination Against the Law in Los Angeles, California?

Pregnancy discrimination is against the law in all 52 states. In addition, state and federal laws do not permit actions that discriminate against women based on pregnancy.

Pregnancy discrimination consists of:

Refusing to hire a worker based on their pregnancy-related disability
Refusing to promote a worker because of their pregnancy-related disability
Treating an employee differently within the conditions and terms of the job based on bringing with the child

Pregnant individuals must be aware they have rights in California. Vanessa is aware of these rights, but she hasn’t needed to consider them until now.

Two months into her pregnancy, she is beginning to show, and she tells the two partners at Stallone that she is pregnant. She could tell from their reactions that they were not thrilled about the news, but Vanessa assumed they were simply busy.

However, a month later, Vanessa notices that Brian and Mitch have hired a new lawyer without telling her. They tell Vanessa that the new lawyer, Cherie, will be taking over many of the cases from now on.

Vanessa is confused. She has a fantastic track record and assumed she was on her way to the top. Now, she spends her days doing busy work. Vanessa remembers her days as a paralegal in San Diego at a different firm. Vanessa begins to think Stallone Law discriminates against her because she is pregnant.

Do Laws Exist to Protect Pregnant Employees in Los Angeles?

State and federal laws exist to protect pregnant employees like Vanessa, as well as new mothers. Here is a list of the federal and California laws protecting pregnant workers.

The California Family Rights Act (CFRA)

This act allows women to take a sensible leave after they give birth. They can also use available vacation leave at this time, but the overall leave should not go past four months. Employers must pay employees during this leave time.

California Fair Employment and Housing Act (FEHA) Applies to all companies with five or more workers. It makes pregnancy discrimination illegal and contains requirements related to leave time. The FEHA also says employers must provide employees with information about pregnancy leave. The act also states that it is unlawful for companies with five or more workers to discriminate based on:

Childbirth
Pregnancy
Related conditions

The Pregnancy Discrimination Act (PDA)

A federal statute, the PDA, bars companies from discriminatory behavior based on pregnancy. The act makes pregnancy a protected class. It also makes employers provide suitable accommodations for pregnancy compared to injuries, disability, and health conditions.

When employers do not provide accommodations, pregnant employees can file a lawsuit for recovery of damages.

The PDA also disallows companies with 15 or more workers from making hiring decisions based on childbirth or the condition of pregnancy. This stipulation includes related medical conditions or problems.

The PDA states that employers cannot refuse to hire an individual because they are pregnant. Companies also may not fire an employee who becomes pregnant. Lastly, employment decisions regarding pregnant women must not consider their conditions.

Other acts and laws in California and the U.S. include:

New Parent Leave Act
Family and Medical Leave Act
California Pregnancy Disability Leave Law

How Can Someone Prove Discrimination Based on a Disability Related to Pregnancy?

As an attorney, Vanessa knows it can be difficult to prove discrimination legally. Discrimination is illustrated in two ways:

Direct evidence
Circumstantial evidence

-Direct evidence could be discriminatory comments by an employer to a worker.

-Circumstantial evidence illustrates that the worker was accomplishing her job’s duties, but the company’s wrongful actions related to her pregnancy.

Overall, the evidence of pregnancy-related discrimination has to be strong because employers sometimes reply with non-discriminatory explanations.

Vanessa has direct evidence based on Brian and Mitch’s comments. She also has circumstantial evidence: records of her success as an attorney and emails telling her that she will be working less without explanation.

Vanessa also saved Brian’s email informing her that the firm might “need to get rid of her soon.”

Overall, Vanessa has some convincing evidence, but she knows proving pregnancy discrimination is difficult. She plans to contact an experienced Los Angeles pregnancy discrimination lawyer as soon as possible.

What Are Some Examples of Pregnancy Discrimination?

Acts that violate federal and state employment and pregnancy laws are classified as pregnancy discrimination. Pregnancy discrimination occurs in all states, including California, so female employees and their employers need to stay aware and informed.

Examples of pregnancy discrimination are:

Discriminating against an employee who needs to pump or breastfeed.
Retaliating against a worker who files a complaint about pregnancy discrimination at work.
Not selecting a qualified job applicant because they are pregnant or may become pregnant.
Refusing to give a woman suitable time off for childbirth, pregnancy, or related medical conditions.
Failing to give suitable accommodations to pregnant women, such as not requiring them to lift heavy things or run quickly.
Demoting, laying off, or docking a woman’s pay based on pregnancy-related issues.
Setting restrictions on medical leave relating to pregnancy, the child’s delivery, or other extenuating circumstances.
Punishing an employee because she may become with a child or is with a child.
Harassing an employee because she is pregnant with physical assaults, threats, intimidation, or crass humor.
Forcing a pregnant employee to take time off from work or giving the person a more straightforward job.
Making job decisions such as hiring, pay rate, assignments, firing, layoffs, work training, vacations, and benefits based on pregnancy.

For Vanessa, these situations sound familiar. She has been the victim of pregnancy discrimination at Stallone Law Firm in Los Angeles. But, as a high-powered attorney, Vanessa knows she has rights and is determined to pursue her case.

What Elements Do Women Need to Prove Their Pregnancy Discrimination Claims?

The facts the plaintiff must prove are the claim’s elements. Attorneys gather evidence and take the appropriate steps to help clients gather the correct elements. Although specific elements differ from case to case, there are four central elements women need to show for a successful claim of pregnancy-based discrimination:

Show that the employer took negative action against the plaintiff, for example, refusing to hire or firing them.

2) Illustrate the company’s state or federal pregnancy discrimination laws.

3) Show that the plaintiff suffered based on the employers’ actions. Again, specifics such as sacrificed pay or emotional duress work well here.

4) Illustrate that the pregnancy was a motivating factor for the company’s wrongful actions.

Employees who illustrate these actions may be compensated for their losses.

What Are Possible Remedies in Pregnancy Discrimination Cases?

Here is a brief list of some of the fees and damages that attorneys help recover in these cases:

Back pay
Reinstatement of work position
Out-of-pocket costs
Court costs
Lawyers’ fees
Damages for emotional distress
Punitive damages
Front pay

Vanessa in Los Angeles, for example, seeks reinstatement to her position and back pay. Since she has solid evidence and is an experienced pregnancy discrimination lawyer, chances are that she will receive compensation from Stallone Law.

When Should an Employee Contact a Los Angeles Pregnancy Discrimination Lawyer?

Pregnancy discrimination is illegal in Los Angeles, California. However, when women believe their employers infringe upon their rights due to discrimination, they should act quickly and decisively. At Nakase Wade, our Los Angeles pregnancy discrimination lawyers work tirelessly for our clients to protect their rights and attain compensation.

Pregnancy discrimination takes different forms and often requires unique remedies. Our attorneys are knowledgeable of federal pregnancy discrimination laws and those exclusively in California. We dedicate ourselves to getting the results that pregnant women deserve.

Vanessa’s Victory Over Pregnancy Discrimination

Vanessa’s attorney worked hard and utilized the evidence she gathered. As a result, Vanessa won her lawsuit against Stallone Law in Los Angeles and received the appropriate compensation. Vanessa also got her job back, but after soul-searching and speaking with her husband Charlie, she decided to leave the firm. As the expectant mother of a little girl, Vanessa could not condone the actions taken by Brian and Mitch, and she wouldn’t feel comfortable working there. So instead, Vanessa and Charlie started their small firm in LA.

Pregnant employees should contact a qualified Los Angeles pregnancy discrimination attorney to defend their rights when they face harmful behavior.

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