California Pregnancy  Discrimination Lawyers Near Los Angeles.

 

EXAMPLES OF PREGNANCY AND MATERNITY DISCRIMINATION AT WORK IN CALIFORNIA

 

• FIRING A PREGNANT EMPLOYEE IN CALIFORNIA

 

There are many examples of gross pregnancy discrimination, such as when a manager fires a pregnant employee because he doesn’t think she can do her job properly. But there are also less obvious examples. Although an employer may have honest intentions, such as being concerned about a pregnant employee’s safety on the job, it’s still illegal to discriminate against or fire a pregnant employee due to concerns for her well-being.

 

For example, even if a job requires lifting heavy objects or being around toxic chemicals, the safety of the employee and her unborn baby is ultimately up to her and her physician, not her boss or employer.

 

• HARASSING AN EMPLOYEE FOR BEING PREGNANT

 

Frequent or occasional derogatory comments may constitute harassment —such as unwelcome and offensive jokes, insults, physical assaults or threats, and intimidation—that interfere with a pregnant employee or new mother’s work performance and develops into a hostile working environment is considered harassment.

 

This type of harassment can be carried out by a supervisor, co-worker, business partner, or even by clients or customers. For example, if a manager repeatedly makes offensive comments to his employee about how her pregnancy status affects her work performance in the hope that she will quit or transfer to a different position, this conduct is inappropriate and considered harassment.

 

• REFUSING TO HIRE SOMEONE BECAUSE THEY ARE PREGNANT

 

If a new candidate is pregnant or could become pregnant in the future, an employer cannot refuse to hire her for those reasons (The same holds true for an employee who is applying for a promotion within the same company.) Many organizations attempt to justify this by saying that they only want to promote an employee who can continue to work without interruption.

 

The employer may want to avoid what it assumes will be an adverse economic impact or disruption of production in the workplace, but that is illegal. An employer cannot make an assumption based on bias or stereotypes about how that particular employee will perform during her pregnancy or after her baby's birth.

 

• NOT PROVIDING REASONABLE ACCOMMODATIONS

 

If an employee has pregnancy-related health complications, she must receive the same treatment and accommodations as other employees who have other medical conditions.

 

For example, if an employee injures her neck and is offered a light-duty assignment until her neck heals, a pregnant worker must also be provided “reasonable accommodations” to perform light-duty work during her pregnancy. Just being pregnant is not enough to immediately offer accommodations. However, the employer may require a medical certification to justify accommodations.

 

A couple of examples include changing a pregnant worker’s work schedule if she has ongoing morning sickness or providing a comfortable chair for a pregnant worker at her workstation so that she’s not constantly on her feet. In these cases, the employees will likely have to provide a physician’s note to justify their medical conditions.

 

• FIRING OR DISCRIMINATING AGAINST AN EMPLOYEE FOR PUMPING BREAST MILK

 

Under the Affordable Care Act, an employee who is a new mother must have the chance to pump breast milk at work in a safe and private location other than a bathroom. She must also be given reasonable time off during her work schedule to do so. In some cases, if a company has less than 50 employees, and it can prove that providing breaks or a private space would create “undue hardship” to the company, it may not be required to offer this arrangement to its pregnant employees.

 

• FORCING AN EMPLOYEE TO TAKE TIME OFF, CHANGE POSITIONS, OR NOT CONSIDER THEM FOR A PROMOTION

 

Although an employer may believe that a pregnant employee should take time off after giving birth or want to reassign the pregnant employee to a less stressful position, it’s illegal to do so. As long as the employee can perform her job duties, she must be allowed to do so.

 

Again, even though an employer may be under the impression that they are looking out for their employee's interest, employment decisions cannot be based on the assumption that the employee may not be willing or capable of carrying out the tasks of a particular job.

 

For example, an employer cannot refuse to promote an employee who has recently given birth just because the employer assumes she won’t be as committed to her new job responsibilities.

 

• RESTRICTING PREGNANCY-RELATED MEDICAL LEAVE

 

Under the PDA, an employer is required to allow an employee with physical limitations due to her recent pregnancy to take leave under the same terms and conditions as other employees who have an equivalent ability or inability to work.

 

For example, an employer cannot do the following:

 

A. Fire a pregnant employee for being on maternity leave if an employer’s sick leave policy covers it. 

 

B. Require a pregnant employee limited by her pregnancy or related medical conditions to use her sick leave before using other types of leave if an employer does not require the same of its staff members who request leave for other medical conditions.

 

C. force a pregnant employee to take a shorter leave than what an employer allows for medical or short-term disability leave. 

 

D. Stop a pregnant employee who is temporarily disabled because of her pregnancy from taking leave without pay; that is if an employer does not do the same for other employees who have the same ability or inability to perform the same duties.

 

In addition, an employer has to hold the pregnant employee’s job open for the same time they would for employees on sick or temporary disability leave.

 

Under the Family and Medical Leave Act (FMLA), an employer must allow the pregnant employee to return to her job or one that’s similar in pay, benefits, and other terms and conditions of employment.

 

• RETALIATING AGAINST AN EMPLOYEE WHO FILES A COMPLAINT ABOUT PREGNANCY DISCRIMINATION IN THE WORKPLACE

 

During the past few years, the EEOC has reported that retaliation is the most common form of discrimination against pregnant employees. But it’s also common in the private sector because it’s a natural reaction for people to retaliate when they feel as though they’ve been affected.

 

However, it’s against the law for employers to demote, fire, harass, or otherwise “retaliate” against a pregnant employee for filing a pregnancy discrimination complaint, opposing pregnancy discrimination, or participating in a pregnancy discrimination proceeding.

 

An example would be a pregnant employee who reported that she could no longer do her job and was subsequently demoted. After threatening to file a claim with the EEOC, she was then wrongfully fired because her employer argued that she misappropriated funds from the company when in reality, she didn’t.

 

"Although pregnancy discrimination is not easy to prove sometimes, it’s important to document your communications with your employer and colleagues and the resulting actions against you. This information will be extremely useful if you file a complaint with your company or pursue legal action."

 

To prove that you were discriminated against in the workplace, you may also have to exhibit that you were treated differently than your co-workers who had comparable qualifications and performance records.

​

Which Workers Receive Protections

​

Because of their pregnancy, California law specifies that it is illegal to discriminate against any person." However, the acts prohibited by this law are limited to the context of jobs. The effect is that only certain categories of employees can profit from the legal protections of California. 

​

Generally, such jobs fall into four categories: 

​

• Traditional Workers. An employee works under the employer's command and supervision and has decided to hire the employer. 

​

• Job Applicants. Everyone who files a written application with an employer is an applicant. If the employer does not have a written application form, if they show a particular desire to be considered for a particular job, an individual is an applicant. 

​

• Temporary Workers ('Temps'). Temps are employees employed by an employer and assigned to work for a company by the agency. In certain cases, the temp may hold both the temp agency and the organization they run liable for unethical discrimination against pregnancy. 

​

• Unpaid Interns. For pregnancy discrimination, California legislation was expanded in 2015 to handle unpaid interns the same as regular workers. 

​

There are, of course, several caveats to these classifications. First, the anti-discrimination safeguards in California do not apply to underqualified candidates. If they are less suitable for a job than the candidate eventually chosen, an employer has the right to refuse an applicant. 

​

Also, the anti-discrimination laws of California do not cover individuals hired by their parents, partners, or children. 

​

Finally, independent contractors and volunteers are typically not covered by the anti-discrimination laws of California. However, they are protected by California's provisions banning abuse based on pregnancy.

​

Is it a good idea to consult with a California pregnancy discrimination lawyer?

​

Workers are not obligated to have a lawyer file a lawsuit against their employer. But getting an employment lawyer versed in California PREGNANCY DISCRIMINATION laws is always a good idea. 

​

The law can be complicated, and very few cases are easy. Even if the facts are solid, an accomplished lawyer in the field of employment law can often help:

 

• Collecting all legally appropriate data, applying the law in a convincing manner to the evidence and related facts, avoiding the strategic traps with which many non-lawyers are unfamiliar, and minimizing the employee's financial harm.

​

• As employees deal with their legal cases without counsel, there is often a greater chance that they could fail or seriously hurt their case because of legal errors that a lawyer would have prevented. 

​

• If the employer challenges the assertion of the employee, which sometimes happens, legal arguments may have to be made, and a proof will need to be presented. This may happen, often according to complicated legal processes, in court or with an administrative agency. Getting a California Employment Lawyer for Pregnancy Discrimination who is comfortable with doing such things might be a good idea. 

​

• In certain cases, lawyers can work for the part of the employee with no upfront costs. Instead, by the end of the event, they would take a portion of what the employee wins. 

​

It is also likely that by the case's conclusion, the employer would be expected to pay the worker's legal fees. Some regulations put the blame on the employer for those expenses because it is easier for them to handle it.

 

So, while there is no legal obligation that an employee must have an attorney, it may be much simpler to handle the claims process if the employee has one.

​

How to find an honest and reputable pregnancy discrimination lawyer in California?

​

The consequences of employment discrimination can be permanent and affect your personal and professional life. You should immediately consult with a pre-screened Los Angeles Attorney for Workplace Discrimination with experience in California employment law.

​

1. You can submit a lawyer referral request online 24 hours a day. Free case review within 15 minutes.

2. By chat, you'll be connected with a California lawyer for pregnancy discrimination within 5 minutes.

3. By calling the 24-hour lawyer referral hotline at 1-661-310-7999

 

Additional Information: California Employees Must Report Pregnancy Discrimination In The Workplace.

​

​

Must-read articles about pregnancy discrimination in California:

​

• Pregnancy Discrimination in California

• Pregnancy Discrimination Law: Expecting Moms Can't Be Fired

• California Employees Must Report Maternity Leave Discrimination

• What Does Workplace Discrimination Look Like in California?

• How Do I File A California Workplace Discrimination Lawsuit?

• A Guide For California Disability Discrimination in the Workplace

• Gender Discrimination In The Workplace

• When To Hire A California Employee Discrimination Lawyer

• How Can Age Discrimination Affect Employment?

• How Do I Prove Age Discrimination in California?

• How To Prove California Discrimination Claims?