Employment Lawyers Aggressively Advocating For Victims Of Pregnancy Discrimination
Pregnancy is critical to the very survival of the human race, yet too many employers continue to regard pregnant women as a burden and a problem. Thankfully, treating a pregnant employee or job applicant unfavorably because of pregnancy, childbirth or related medical conditions is against the law.
At Employee Justice Legal Group PC, we are proud to fight for women whose jobs and careers have been threatened by pregnancy discrimination. Our attorneys know employment laws inside and out and they have a strong track record of success holding employers liable for violating the Pregnancy Discrimination Act (PDA) and other state and federal laws.
Recognizing Pregnancy Discrimination In The Workplace
Discrimination related to pregnancy can take many forms. Examples include:
- Firing you because you are pregnant
- Paying you less because you recently gave birth to a child
- Not promoting you because you are pregnant
- Not providing you with fringe benefits given to other non-pregnant employees
- Being harassed because of pregnancy, childbirth or a medical condition by your supervisor, a co-worker or a client and the harassment is so severe it creates a hostile work environment
- Not being provided the same accommodations as other non-pregnant employees who are temporarily disabled
- Discriminating against you based on your breastfeeding needs
To help prove your case, it is important that you document the discrimination (save emails, memos, text messages, etc.) and that you follow the reporting system within your company to report the illegal conduct. Of course, there will be times when this is not possible, but remember that the more evidence you have, the stronger your case will be.
You Have Rights And Protections You May Not Have Known About
Many new and soon-to-be mothers don’t realize how many protections they have under California and federal law. Some are summarized below:
Accommodation for temporary disability: Pregnancy brings limitations, and complicated pregnancies can result in temporary disabilities. The employer must treat the pregnant woman the same way they treat other employees who are temporarily disabled. Additionally, physical impairments that result from being pregnant may qualify as disabilities under the Americans with Disabilities Act (ADA) and the employer may have to provide reasonable accommodations for such disabilities.
Protected disability leave: Under the PDA, if temporarily disabled employees are allowed to take disability leave then they must offer the same opportunity to an employee who is temporarily disabled due to pregnancy.
Accommodations for nursing mothers: California Labor Code states that every employer “shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child.” Under the Fair Employment and Housing Act (FEHA), an employer cannot discriminate against a female employee on the basis of breastfeeding or medical conditions related to breastfeeding.
Job-protected parental leave: Both state and federal law provide up to 12 weeks of job-protected, unpaid leave for new mothers. To be eligible, the employee must have worked for 12 months for the employer and the employer must have a specified number of employees or be a public agency.
Tell Us Your Story During A Free Initial Consultation
Employee Justice Legal Group PC is based in Los Angeles, and we serve clients throughout the surrounding areas of California. We offer free initial consultations so that you can share your story and learn about your legal options. We also take cases on a contingency fee basis, meaning you owe legal fees until we help you recover compensation.