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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