As a mother or an expectant mother, you should not suffer adverse effects at work due to your pregnancy. California has strong anti-discrimination laws that protect pregnant women from discrimination and harassment.
The following laws provide protection for expecting and new mothers in the workplace:
- The Family and Medical Leave Act (FMLA),
- The California Family Rights Act (CFRA),
- Pregnancy Discrimination Act, and
- The New Parent Leave Act.
If your employer has discriminated against you due to your pregnancy, or denied you time off under any of these laws, consult with a Los Angeles pregnancy discrimination lawyer.
What Laws Provide Protection for Women in the Workplace in California?
There are a number of laws that protect pregnant women in California. The following laws provide you with protection against pregnancy discrimination in the workplace:
The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act is a federal law that provides up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons. This includes pregnancy-related conditions such as childbirth, prenatal care or recovery from childbirth.
The California Family Rights Act (CFRA)
The California Family Rights Act is a state law that provides certain employees with up to 12 weeks of unpaid, job-protected leave for their own serious health condition or to care for certain family members. This includes pregnancy-related conditions such as childbirth, prenatal care or recovery from childbirth.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act is a federal law that prohibits employers from treating pregnant employees less favorably than other employees. This includes firing, refusing to hire or promote a pregnant woman because of her pregnancy.
The New Parent Leave Act
The New Parent Leave Act in California extends paternity leave benefits to smaller employers (with 20 to 49 employees) who are not covered by the federal FMLA. This law allows eligible employees who are not covered by the FMLA or CFRA to take up to 12 weeks of parental leave to be with their newborn or newly adopted child. While there may be an overlap with other leave laws, it’s important to note that employees may be covered by the New Parent Leave Act in certain areas where they are not covered by other laws. For example, if an employee meets the requirements for FMLA and CFRA but works for an employer with fewer than 50 employees, they would still be eligible for maternity leave under the New Parent Leave Act if the employer has 20 or more employees.
What are Some Signs That You May Be a Victim of Pregnancy Discrimination?
If you’re a woman who is pregnant and preparing for maternity leave, it’s disheartening to face discrimination from companies that should protect and support you. As someone who has experienced this unjust treatment, we understand your frustration. It’s essential to recognize the signs of pregnancy discrimination so that you can take appropriate action to protect your rights and seek justice.
Signs of Pregnancy Discrimination:
- Wrongful Termination, Demotion, or Job Reassignment: Have you been fired without a valid reason, demoted, or given a lower position solely because of your pregnancy? These actions may indicate pregnancy discrimination.
- Loss of Promotion Due to Pregnancy: Were you well-qualified for a promotion but denied the opportunity solely because you’re pregnant? This could be a clear sign of discrimination.
- Refusal to Hire Because of Pregnancy: Have you faced bias or been denied employment during the hiring process due to your pregnancy? This suggests discriminatory practices and a violation of your rights.
- Harassment of a Pregnant Woman: Have you endured derogatory comments, offensive jokes, or unwelcome behavior related to your pregnancy? This type of harassment is not acceptable and is a form of discrimination.
- Failure to Provide Reasonable Accommodations: Has your employer refused to make reasonable accommodations for your pregnancy-related needs, such as adjusting workload or work conditions? This refusal may be discriminatory and against the law.
- Restricting Medical or FMLA Leave: Has your employer interfered with your right to take medical leave or Family and Medical Leave Act (FMLA) leave during your pregnancy or after childbirth? This is a violation of your rights and may indicate discrimination.
The above list is not exhaustive, and other signs of pregnancy discrimination may exist in the workplace.
A simple way to know if you are a victim of pregnancy discrimination is to compare the treatment of other employees in similar situations. If you are being treated differently or less favorably than other employees, this could be a sign that you have faced discrimination in the workplace due to your pregnancy.
The California employment attorneys at Eldessouky Law can help you if you think you have been a victim of pregnancy discrimination. You have chosen a beautiful and exciting journey, and it should be without stress and discrimination. Our attorneys are here to help you protect your rights in the workplace. We welcome you to call our office at 714-409-8991 to set up a free consultation.
If You Are a Victim of Pregnancy Discrimination You May Be Eligible for Compensation
If you have been discriminated against due to your pregnancy, you may be entitled to compensation. Our experienced Los Angeles pregnancy discrimination lawyers will review the circumstances of your case and provide an overview of the legal options available to you.
Settlements may be recovered for:
- Wrongful termination
- Hours cut
- Wages cut
- Emotional trauma
- Non-coverage of maternity leave
- Violations of the Family & Medical Leave Act
You may be entitled to additional damages, depending on the circumstances of your case.
Are You a Victim of Pregnancy Discrimination?
If you are a victim of pregnancy discrimination in Los Angeles, 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.
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.
How Can You Prove Pregnancy Discrimination?
Due to the weight of the allegations, pregnancy discrimination claims need to be accompanied by compelling evidence. There are two primary ways for you to prove such claims; by providing direct or circumstantial evidence.
As the name suggests, direct evidence is proof that clearly indicates that there is discrimination. This often comes in the form of comments made to you or about you. On the other hand, circumstantial evidence may require you to show how two things that are not necessarily related are connected.
For instance, if you are demoted or denied an opportunity that you fully deserve in the workplace, you may have grounds for a claim. However, with such an example, you will need to show that you have been performing your role exemplarily and that the adverse action is due to your pregnancy-related disability.
Unless you have irrefutable direct evidence, your employer will likely present a non-discriminatory reason for the action. As such, your evidence should be compelling enough to quash those claims.
The Attorneys at Eldessouky Law Can Help
When facing the challenges of pregnancy discrimination, the attorneys at Eldessouky Law are here to support and guide you. We have extensive knowledge of both federal and California employment law and how it pertains to protecting pregnant women in the workplace.
Let us take the stress of the legal process off your shoulders. We will fight for you so you can focus on nurturing your growing family.
Contact us today at 714-409-8991 for a free initial consultation to discuss your case and learn more about how we can help.
Frequently Asked Questions
Some of the common questions regarding pregnancy discrimination in California include:
1. Can I Fail a Claim for Pregnancy Discrimination?
As a California resident, both federal and state laws protect you from pregnancy discrimination. If your employer subjects you through such, you can file a claim with the help of an employment lawyer.
2. What Qualifies as Pregnancy Discrimination?
Many different actions can qualify as pregnancy discrimination. These include demotion, failure to offer reasonable accommodations, denying you reasonable leave, etc.
3. Should I Hire an Attorney for a Pregnancy Discrimination Claim?
Even if your case seems fairly straightforward, any misstep can ruin your claim. An attorney’s experience with such matters will give you the best chance of getting a desirable outcome.
Schedule Your Free Consultation With a Los Angeles Pregnancy Discrimination Lawyer
You don’t have to face pregnancy discrimination alone. Employment laws are in place to protect you, and the attorneys at Eldessouky Law are here to help.
The employment attorneys at Eldessouky Law are well-experienced in pregnancy discrimination cases and can help you protect your rights as a mother and help you recover the damages you may be entitled to. We understand the challenges and complexities of dealing with a pregnancy discrimination case, and we are here to walk you through every step of the legal process.
If you are a victim of pregnancy discrimination, contact our office at 714-409-8991 to schedule your free consultation today. We will review your case and determine the best course of action for you. You can count on us for compassionate legal guidance and unwavering dedication to protecting your rights. Together, we can fight for justice and make sure that you receive the respect you deserve as a pregnant woman.