Los Angeles Pregnancy Discrimination Lawyer
Are you a victim of pregnancy discrimination?
Pregnancy is among the happiest moments for any mother. You’ll experience beautiful changes as you count down the days to add a new family member.
While the joyful moments also come with physical and mental challenges, your employer shouldn’t make it harder for you. But many pregnant employees still fall victim to pregnancy discrimination acts like reduced pay and workplace hostility. Most of them won’t speak up for fear of losing their jobs, but this shouldn’t be the case.
Reach out to a reputable pregnancy discrimination attorney if you’ve experienced unfair treatment based on your condition. They’ll protect your rights and seek appropriate legal remedies like recovering lost wages.
What Is Considered Pregnancy Discrimination in Los Angeles?
This workplace illegality occurs when an employer or senior staff member treats you differently in a way that ultimately affects your job and career because you’re pregnant. For instance, planning a maternity leave shouldn’t mean losing your job, and an employer shouldn’t deny you a job opportunity, promotion, or pay rise based on this condition.
The laws in Los Angeles prohibit these acts against workers, who comprise:
- Permanent and temporary employees
- Job applicants
- Unpaid interns
Pregnancy discrimination is unlawful, and any employee who commits the vice violates the Equity Act. Therefore, you can pursue legal remedies in the civil courts.
Common Types of Pregnancy Discrimination in The Workplace
Many vices constitute unfair treatment at the workplace. Here are the most common forms of unfavorable treatment that employers subject their pregnant employees and those who recently gave birth:
- Singling out new mothers and pregnant staff for redundancy
- Mishandling their request for flexibility after returning from maternity leave
- Making inappropriate remarks about pregnancy
- Penalizing a worker with pregnancy-related illnesses
- Health and safety breaches
- Failing to contact them when they’re on leave
- Failing to issue proper maternity leave payment
- Denying them their original position after the leave
- Denying new mothers some opportunities
- Making a recruitment decision based on a worker’s family plan or pregnancy
What Is Not Considered Pregnancy Discrimination?
While you may have several rights and freedoms, some situations don’t qualify as pregnancy discrimination, no matter how unfair they seem. For instance, you may be limited from accessing your workplace gym club or swimming pool sections or receiving a different kind of treatment because of your pregnancy. But this will be purely for health and safety reasons.
Your employer must reasonably believe that the service subjects you to significant health and safety risks. And it’s only lawful if they do the same to another person with a physical condition like a back condition. Such treatment isn’t considered pregnancy discrimination.
Reach out to a reputable Los Angeles pregnancy discrimination attorney for a free case evaluation to ascertain if you have a valid claim against your employer.
Federal & State Protections in Place Against Pregnancy Discrimination
State and federal laws prohibit acts of pregnancy discrimination by employers in the Los Angeles workplace. The Department of Labor (DOL) enforces most federal regulations.
The Pregnancy Discrimination Act of 1978 governs companies with a minimum of 15 workers. It prohibits employers from practicing discriminatory actions on their workers based on:
- Any disability or condition related to pregnancy, such as gestational diabetes, preeclampsia, hypertension, severe morning sickness, post-partum depression, or other severe conditions.
Other federal laws that protect expectant staff and those who’ve recently given birth include:
- Title VII of the Civil Rights Act, 1964
- The Pregnant Workers Fairness Act
- The Americans with Disabilities Act (ADA)
Pregnant workers in Los Angeles enjoy greater protection by the law against discrimination at work. FEHA (California Fair Employment and Housing Act) seeks to uphold equal rights and fair treatment of expectant employees. Instead of the federal-level minimum of 15 workers, the law applies to employers with at least five employees.
Apart from employers, the law also prohibits co-workers from harassing colleagues because they’re pregnant. According to local regulations, such unfair treatment will receive the same penalties as sex discrimination.
FEHA also states that workers disabled through pregnancy should receive reasonable accommodations, including leave periods that extend beyond the typical maternity leave. Besides this law, the following additional California statutes grant leave rights to pregnant staff and those with newborns:
- California’s Pregnancy Disability Leave Law (PDL)
- The Federal Family and Medical Leave Act
- The California Family Rights Act (CFRA)
Accommodations That Los Angeles Employers Should Make
The above laws give you a right to “reasonable accommodations” for your pregnancy and any other condition related to it. This means your employer should accommodate you if this won’t “unduly burden” their business. The standard is high, and your employer must prove that you can’t be accommodated.
But what does reasonable accommodation comprise? The term generally refers to the rights and entitlements of pregnant employees, which include:
- Longer or extra breaks to eat, check blood sugar, rest, or breastfeed
- Exemption from mandatory overtime or modified schedule
- Working remotely
- Modified equipment
- Transfer or reassignment to a less vigorous position
- Time off for health checkups
- Assistance with heavy lifting and other job duty restructures in line with medical restrictions
Here are the most common questions about Los Angeles pregnancy discrimination laws:
What’s Considered Discrimination Against Pregnant Employees?
This entails any situation where an employer gives unfair treatment to a pregnant job applicant or company employee. The most common examples are promotion restrictions, pay cuts, being denied leave, or firing expectant workers.
Can You Be Terminated for Missing Work Due to Pregnancy?
The law restricts such unfair treatment in any Los Angeles workplace. If your employer terminates you, you can reach out to a reputable attorney for help filing a pregnancy discrimination claim.
Do I Need a Pregnancy Discrimination Lawyer?
Yes. Pregnancy discrimination claims can be complex, but your attorney will protect your rights, guide you, and fight for appropriate remedies.
What’s The Deadline for Filing a Pregnancy Discrimination Claim?
If you have a valid pregnancy discrimination claim, you must adhere to strict time limits set by the Department of Fair Employment and Housing and the EEOC (U.S. Equal Employment Opportunity Commission). Generally, DFEH has a one-year deadline, while EEOC requires you to pursue legal remedies within 300 days. Both timelines begin on the incident date.
A Reliable Los Angeles Pregnancy Discrimination Lawyer Is Ready to Help
Don’t file the pregnancy discrimination claim alone. Experienced attorneys from Todd M. Friedman’s firm will evaluate your case for free and build a solid case. We are ready to fight for you— contact us today to get started.