Pregnancy should be a beautiful journey full of new life. If you are facing discrimination in California due to your pregnancy, contact the attorneys at Eldessouky Law today at 714-409-8991. We can help.
Welcome to Eldessouky Law, your trusted source for legal representation in cases of pregnancy discrimination in California. If you have experienced unfair treatment, being taken advantage of, or discriminatory actions in the workplace based on your pregnancy or related conditions, you are not alone. We understand the challenges and obstacles faced by individuals who have been subjected to pregnancy discrimination, and we are here to help you fight for the justice and compensation you deserve.
At Eldessouky Law, we focus on protecting the rights of victims of pregnancy discrimination throughout California. Our dedicated team of legal professionals is well-versed in the intricacies of employment law and has extensive experience in handling cases involving discrimination against pregnant individuals. We recognize that pregnancy discrimination not only affects your professional growth but also impacts your overall well-being. Our goal is to serve as your guide and advocate, supporting you through every step of the legal process to ensure that your rights are protected and that those responsible for the discriminatory actions are held accountable.
When you choose Eldessouky Law, you can expect compassionate and personalized representation tailored to your unique circumstances. We will listen to your story, assess the merits of your case, and provide you with a comprehensive understanding of your rights under California’s anti-discrimination laws. Our skilled California pregnancy discrimination lawyers will strategize the best course of action to help you achieve your goals. Whether it involves negotiating with your employer, filing a complaint with the appropriate administrative agency, or pursuing litigation in court, we will employ our expertise and resources to fight for a favorable outcome on your behalf.
Don’t let pregnancy discrimination go unchallenged. Contact Eldessouky Law today at 714-409-8991 or visit our contact page to schedule a consultation. Together, we will stand up against discrimination and work towards a workplace that respects and values the rights of all individuals, regardless of their pregnancy or family planning choices.
Understanding Your Rights: Pregnancy Discrimination Laws in California
As an employee, it is crucial to be aware of the laws that protect you against pregnancy discrimination in California. Pregnancy discrimination occurs when you face negative treatment at work solely because of your pregnancy status. This could manifest in various ways, such as being denied a promotion or deprived of beneficial training programs. However, it’s important to know that pregnancy discrimination is illegal both under California law, particularly The Civil Rights Department (CRD), and federal law, including the Pregnancy Discrimination Act.
In addition to these laws, several others, such as the California Family Rights Act and the Family and Medical Leave Act, guarantee your rights to leave for pregnancy and childbirth. It is unlawful for your employer to prevent you from taking leave to have a child or hinder your return to work after pregnancy. In California, pregnancy is regarded as a form of sex discrimination, especially when the victim is a woman, as confirmed by Sanchez v. Swissport, Inc. (2013) 213 Cal.App.4th 1331, 1340 court case.
Pregnancy discrimination can occur in different ways, with two primary forms being disparate treatment discrimination and disparate impact discrimination.
Disparate treatment discrimination arises when you are deliberately subjected to negative employment decisions due to your pregnancy. On the other hand, disparate impact discrimination occurs when an employer implements policies that disproportionately affect pregnant employees, nursing mothers, or those recovering from a pregnancy-related condition.
It’s important to note that these legal protections extend to job applicants, temporary workers, and unpaid interns as well. If you suspect that you are experiencing illegal conduct amounting to pregnancy discrimination, it is crucial to seek legal counsel promptly. By consulting with an experienced attorney, you can understand your rights, gather evidence, and take appropriate action to address the discrimination you are facing.
Laws Prohibiting Pregnancy Discrimination
There are several laws that protect pregnant employees from being mistreated in their work environment, some of which are listed below.
- Title VII of the Civil Rights Act of 1964: This federal law provides protection for employees based on various characteristics, including on the basis of gender. As pregnancy discrimination is categorized as sex discrimination, discrimination and termination due to pregnancy is protected by this law.
- The Pregnancy Discrimination Act of 1978: This federal law openly protects women from sex discrimination due to pregnancy, childbirth, and all other health conditions related to pregnancy.
- Fair Employment and Housing Act: This California-based state law protects employees from gender-based discrimination, including pregnancy, along with other personal characteristics.
- The Pregnancy Disability Leave Act: This state law in California grants pregnant employees to avail of pregnancy disability leave for any kind of medical condition related to pregnancy, which would result in them being unable to perform the task without risking themselves, their pregnancy, or others.
- The California Family Rights Act: This state law in California allows parents to take time off work and spend it with their children.
- The Family Medical Leave Act: This federal law allows parents to take off from work and spend time with their children.
If any of the above-mentioned laws were violated in your case, you can take legal action against your employer with the help of a law firm.
Are You a Victim of Pregnancy Discrimination? Speak to an Experienced California Lawyer
If you are a victim of pregnancy discrimination in California, it is time to take back your power and stand up against your employer’s unlawful actions. The team of dedicated California pregnancy discrimination lawyers at Eldessouky Law is well-versed in the intricacies of employment law. You can trust us to provide you with knowledgeable advice and strong advocacy as we help you pursue justice for the discrimination you have faced.
Call 714-409-8991 or visit our contact page today to schedule a free consultation.
We have taken on some of the largest companies in California and secured favorable outcomes for our clients. Let us help you protect your rights and enforce justice on your behalf.
Can I File a Lawsuit for an Unjust Termination Due to My Pregnancy?
Yes, if you were unjustly terminated by your employer due to your pregnancy, then you may have a legal claim against them. If you are planning on suing your former employer, it is important that you seek legal counsel as soon as possible and begin gathering evidence to support your case.
Informing your employer of your pregnancy, asking about their leave policy, and requesting time off are all protected activities under the law. If you are retaliated against for any of these reasons, then you may have a claim for pregnancy discrimination.
If you’re still confused if you’ve got a case on your hands or not after you were fired from the job because of your pregnancy, consult an experienced employment attorney, as they would be able to give you the right guidance required to move forward with the situation at hand.
Can Your Employer Reduce Your Wages Because of Your Pregnancy?
Understandably, starting a family is a deeply personal decision, and your employer should not have the power to penalize you for it. In California, it is illegal for your employer to reduce your wages or demote you solely because you are pregnant.
Working women in California are fortunate to have a range of rights and protections against discrimination. These include equal pay, maternal leave, pregnancy disability leave, and reasonable accommodation. Your employer is obligated to support you after childbirth and while nursing, providing reasonable lactation breaks in a private setting. These rights ensure that you cannot be subjected to negative treatment by your employer due to discriminatory reasons. If you find that your employer has reduced your wages after returning from maternity leave or pregnancy disability leave, you have the right to seek justice.
To build your case, certain factors must be present, including: your employer having five or more employees and being subject to California’s anti-pregnancy discrimination laws, you being an employee who is pregnant or recently pregnant, your employer making an unjustified negative employment decision such as a demotion, the unfair treatment being primarily motivated by your pregnancy, and you suffering harm as a result. If you believe these factors apply to your situation, consulting with an experienced California pregnancy discrimination attorney is advisable.
What Are Your Options After Experiencing Pregnancy Discrimination?
As an individual who has faced pregnancy discrimination, you have the right to file a complaint and, if necessary, a discrimination lawsuit against your employer. In most cases, California law requires employees who experience discrimination to file a complaint with either the Equal Employment Opportunity Commission (EEOC) or The Civil Rights Department. The EEOC is responsible for administering federal laws, including the Pregnancy Discrimination Act and the Family and Medical Leave Act, while the DFEH oversees California’s anti-discrimination laws, including FEHA. Generally, you can choose to file a claim with either agency.
Your California employment attorney will be able to guide you on the best approach to take.
After filing a complaint with either agency, an investigation will be conducted. Following the investigation, the agency may mediate between you and your employer, or your attorney may request a Right to Sue letter on your behalf. This letter authorizes you to file a lawsuit against your employer, holding them accountable for their wrongful conduct.
Can Your Employer Retaliate Against You for Complaining?
No, it is illegal for your employer to retaliate against you for filing a complaint. California law explicitly prohibits employers from obstructing their workers’ efforts to enforce their workplace rights or punishing them for doing so. Retaliatory conduct by your employer is another actionable offense that you have the right to pursue.
If your employer has engaged in retaliatory conduct against you for filing a complaint, you have the right to seek justice. An experienced employment attorney will be able to help you gather and present evidence of this unlawful behavior in court and fight for the compensation that you are rightfully due.
You Have a Right to a California Pregnancy Discrimination Attorney
If you have been the victim of pregnancy discrimination, you may be entitled to damages including lost wages and benefits, civil penalties, and attorneys’ fees. The first step in protecting your rights is to contact a qualified employment attorney who can evaluate your case and help you determine the best course of action.
You also have a right to be compensated for your claim. The type of compensation would be based on the case-specific details. You might be eligible to receive compensation for pay cuts, lost benefits, emotional or mental suffering, punitive damages, and even reinstatement in some cases.
We encourage you to reach out to the California employment attorneys at Eldessouky Law. Our skilled legal team has experience handling a wide variety of pregnancy discrimination cases and will fight to get you the justice and compensation you deserve. Contact us today at (714) 409-8991 or fill out one of our short contact forms for a free consultation.