Pregnancy Discrimination Los Angeles Employment Lawyers

Pregnancy Discrimination Los Angeles Employment Lawyers

Learning that you’re pregnant could be a very joyous time. However, it could be very traumatizing for an employee to be discriminated against at work simply because of their pregnancy status. Usually, employers may not be as joyous as the employee when they find out the employee is pregnant. If you have experienced discrimination at work, it is very important that you seek a top-rated Los Angeles discrimination attorney immediately. You should talk to our experienced employment law attorneys Heidari Law for assistance on your pregnancy discrimination claim, and whether you have a claim for damages.

No person should have to be subject to discrimination in the workplace. Our top-rated Los Angeles attorneys have decades of experience representing victims who have been discriminated against simply because they were pregnant, or have just recently given birth.

Under both Federal and California laws, pregnancy is a protected class that should not be discriminated against in the workplace. This is outlined under the Federal Pregnancy Discrimination Act, along with the California Fair Employment and Housing Act. The California Fair Employment and Housing Act goes into detail and specifies that employees cannot be discriminated against because of their pregnancy throughout any point of the employment process, such as hiring, firing, demoting, paying employees, assigning employees positions, and offering employees benefits.

What is pregnancy discrimination?

Pregnancy discrimination occurs when your employer treats you differently because you are pregnant with a child. Pregnancy discrimination applies throughout the scope of employment.

Do I have a pregnancy discrimination claim?

You may have a claim against your Los Angeles employer for pregnancy discrimination if you have been:

• Fired
• Demoted
• Reduced hours
• Reduced salary
• Rejected reasonable accommodations

It is very important that you contact our Los Angeles pregnancy discrimination lawyers immediately if you have faced any of the above circumstances. It is important to remember that claims must be brought timely. Meaning that if you file the claim too late, you could risk getting your entire claim dismissed, and you losing your right to collect compensation.

Laws that protect pregnant employees:

• Pregnancy Discrimination Act
• California Fair Employment and Housing Act
• California Family Rights Act
• Family and Medical Leave Act
• California Pregnancy Disability Leave Law
• New Parent Leave Act

There are several different types of pregnancy discrimination laws in place that prevent any type of misconduct from an employer. If you are in the protected class, contact our attorneys today.

Pregnancy Discrimination Evidence

There are two types of evidence used to prove pregnancy discrimination, this includes:

• Indirect evidence: this occurs when your employer has enacted policies or workplace regulation that indirectly negatively affect pregnant employees.
• Direct evidence: this occurs when the employer makes direct comments to the employee regarding their work as a result of being pregnant.

Because it could be very difficult to prove pregnancy discrimination since it involves indirect evidence, it is very important that you explain all the details regarding your pregnancy discrimination claim during your initial consultation. Our Los Angeles discrimination attorneys will work to make sure that we gather strong evidence to support your pregnancy discrimination claim.

Common Examples of Pregnancy Discrimination in Los Angeles

There are several different types of ways employees can be discriminated against because of their pregnancy status. This includes:

• Getting demoted
• Getting fired
• Getting reduced hours
• Being discriminated against because an employee has to breastfeed
• When employees medical leave is restricted
• Punishing an employee because they are pregnant
• Failing to provide reasonable accommodations to the pregnant employee
• Refusing to give the pregnant employee time off

How do you prove pregnancy discrimination in Los Angeles?

A plaintiff is the party that is initiating a lawsuit. The plaintiff is essentially the victim that experienced the discrimination, and has to prove to the court that they have experienced discrimination. The elements that a pregnancy discrimination attorney has to prove include:

1. Your employer took adverse action against you
2. Your employer took adverse action against you because you were pregnant
3. You suffered damages because of this adverse action

These are the three most important elements in proving pregnancy discrimination. If you are able to show these elements, you are able to see compensation for a variety of damages including lost wages and pain and suffering.

Is my employer required to accommodate me for my pregnancy?

The California Fair Employment and Housing Act requires employers to provide reasonable accommodations to employees who are pregnant, or have just given birth. For example, instances of reasonable accommodations could include:

• Decreasing the employee’s hours
• Providing the employee with breastfeeding breaks
• Creating a private lactation room
• Allowing the employee to use an ergonomic chair
• Modifying the employees dropped to less stressful duties
• Modifying the employees work equipment

If your employer has failed to provide you with reasonable accommodations after asking, it is very important that you contact our pregnancy discrimination attorneys immediately to see if you have a viable claim for damages. The circumstances of the reasonable accommodations depend on the employee’s physical well-being during pregnancy, along with the job responsibilities.

Pregnancy Leave

There are several laws in place in California that provide employees who are expecting a child with pregnancy leave. If the employee experiences a disability caused by the pregnancy or childbirth, then the employee can take an additional four months of unpaid leave. If your employer has taken adverse action against you simply because you have requested a pregnancy leave, contact our attorneys today.

The California Family Rights Act has similar requirements as the Federal Family Medical Leave Act. The California Family Rights Act allows employees to take up to 12 weeks of unpaid leave when expecting the birth of their baby. If the employee experiences any type of disability, they can take up to 4 months of unpaid leave on top of the 12 weeks.

The California Family Rights Act applies to:

• Employers who have more than 50 employees
• When the employee has worked for more than twelve months with the employer

To determine whether you qualify under the California family Rights Act, contact our Los Angeles discrimination attorneys today.

Pregnancy Discrimination Act

The federal government has enacted the Pregnancy Discrimination Act that prohibits pregnancy discrimination in the workplace and when looking for housing. If your employer has failed to provide reasonable accommodations because of your pregnancy, you may have a claim against your employer for pregnancy discrimination.

What kind of compensation could I receive for my pregnancy discrimination claim?

• Lost wages
• Emotional distress
• Punitive damages
• Attorney’s fees

These damages vary depending on the circumstances of the disability, along with the discrimination faced.