Glendale Pregnancy Discrimination Lawyer
Pregnancy discrimination in the workplace is an unfortunate reality for some expecting mothers and their families. This form of employment discrimination can be incredibly difficult for a pregnant woman to endure. Thankfully, there are state and federal laws which prohibit pregnancy discrimination. The dedicated and compassionate legal team of pregnancy discrimination lawyers at Manukyan Law Firm are committed to serving pregnant employees in the state of California. If you’ve suffered pregnancy discrimination, we’ll fight for the maximum financial compensation you and your growing family deserve.
Below we’ll explore the specific rights granted to pregnant employees in the state of California, provide examples of pregnancy discrimination, and discusses the legal actions an employee can take if they have experienced discrimination or mistreatment related to being with child, having a pregnancy-based medical condition, or suffering from post-partum disability.
If you are a pregnant employee or job applicant who has experienced employment discrimination on the grounds of:
- Pregnancy
- A pregnancy-related medical condition or disability
- Postpartum health issues
… you may be entitled to significant financial compensation for the economic losses and emotional distress caused by this workplace mistreatment.
Firing or refusing to hire an employee on the grounds of pregnancy or a pregnancy-related disability is expressly prohibited by both federal and California state laws. Furthermore, if an employer refuses to promote a pregnant employee, or changes the conditions of an expecting employee’s job position, these discriminatory acts are also prohibited by law.
As a pregnant employee, you have the right to a safe, comfortable workplace free from the fear of harassment or employer retaliation. You do not have to fight this battle alone. The experienced pregnancy discrimination attorneys at Manukyan Law Firm are standing by to serve you. Together, we can review your pregnancy discrimination experience and offer tailored legal counsel to help you receive the financial damages award you deserve.
Examples of Pregnancy Discrimination in the Workplace
Employment discrimination encompasses a wide range of discriminatory actions performed by an employer. There are federal and state laws which protect employees from this form of workplace mistreatment. As a pregnant individual, you are granted these rights, as well as pregnancy-related protections. Employers are explicitly prohibited from treating pregnant employees or job applicants differently than other workers. There are many forms of varying discriminatory actions related to pregnancy.
A few examples of pregnancy discrimination in the workplace include:
- Firing an expectant mother on the grounds of pregnancy (or a pregnancy-related disability or medical condition).
- An employer refusing to hire you because you are pregnant.
- If you are asked if you are pregnant or plan to become pregnant during a job interview.
- Demoting an employee while they are with their child.
- Changing a pregnant employee’s position or job duties without providing a reasonable explanation.
- Retaliating through various actions (like withholding earnings) due to pregnancy, pregnancy-related medical conditions, or postpartum disabilities.
Pregnancy discrimination at work is incredibly distressing for the expecting mother and her unborn child. The pregnancy discrimination lawyers at Manukyan Law’s Glendale, California, the office can help you determine which legal recourse options are right for your unique discriminatory experience. Our seasoned pregnancy discrimination lawyers will support you through this trying time and help you fight for the financial compensation you deserve.
Does a Pregnant Employee Have Certain Rights in California?
There are state and federal laws in place that protect pregnant women at every stage of employment, including the interview process, hiring and firing practices, and circumstances surrounding promotions and demotions. By law, employers are required to participate in an interactive process when an employee faces a medical condition or disability which interferes with carrying out their job duties, including pregnancy and disabilities related to pregnancy or childbirth. In the state of California, employers are required to communicate with employees to determine which accommodations are appropriate for pregnant employees.
Our pregnancy discrimination attorneys in Glendale, California have a thorough understanding of the federal and state protections granted to pregnant employees. There are several legal protections that may apply to your specific pregnancy discrimination lawsuit. Some examples of employee protections against pregnancy discrimination include but are not limited to:
Pregnancy Discrimination Act (PDA):
This federal statute was enacted in 1978 to protect employees from pregnancy discrimination in the workplace. Under this Act, employers must provide reasonable accommodation for pregnant employees. Reasonable accommodation may include but are not limited to:
- Employers must grant reasonable medical leave or extension of medical leave.
- Employers must provide modified equipment or adaptive devices so the pregnant employee can perform job duties.
- Pregnant employees may be granted the ability to work from home.
- Expecting mothers could have their work hours adjusted.
- Employers must provide a reasonably accessible workplace for employees.
Reasonable accommodations may warrant an employee being reassigned to a lower-impact job position. For instance, if pregnancy prevents an employee from safely performing strenuous tasks – like lifting, moving, or standing for long periods of time – being relieved of these job duties or being reassigned to an equivalent position could be an example of reasonable accommodation.
If an employer fails to accommodate a pregnant employee’s request, this would likely be an act of pregnancy discrimination. Furthermore, if the pregnant employee experiences workplace harassment or retaliation related to her condition, this would likely also qualify as discrimination.
The Pregnancy Discrimination Act only applies to employers with 15 or more employees.
California Fair Employment and Housing Act (FEHA):
The California Fair Employment and Housing Act (FEHA) is a state-level act that prohibits pregnancy discrimination in the workplace. In the state of California, employers only need to have five employees for these protections to apply. Only religious or certain nonprofit organizations are exempt from California’s state-level pregnancy discrimination protections. The law requires employers to disclose information regarding pregnancy leave rights to all employees. Moreover, the FEHA makes it illegal for employers who meet the law’s criteria to perform discriminatory acts against pregnant employees. These acts may include but are not limited to:
- Withholding compensation
- Not granting reasonable leave to pregnant employees
California Pregnancy Disability Leave Law (PDL):
A provision of the FEHA, the PDL guarantees leave for employees who become disabled by pregnancy, childbirth, or a related medical condition. Other protections include your employer’s continued responsibility to pay for your group health benefits while on PDL (and the employee may qualify for additional state disability insurance).
California Family Rights Act (CFRA):
The CFRA bestows pregnant employees the right to take reasonable leave of up to four months. It also protects an employee’s right to use any available vacation days during their pregnancy-related leave. Employers cannot refuse to pay the contractually agreed upon employment compensation while an employee is on leave for pregnancy, childbirth, or any resulting medical condition or disability.
Family and Medical Leave Act (FMLA):
FMLA extends protections to pregnant employees and their immediate families. This federal statute protects an employee and states new mothers can use up to 12 weeks of FMLA leave for childbirth, pregnancy-related complications, or prenatal care. FMLA leave can be used intermittently if your pregnancy requires periods of acute medical attention from time to time.
When you schedule a free consultation with one of Manukyan Law Firm’s experienced and dedicated pregnancy discrimination attorneys, they will utilize these legal protections as well as other options, such as the New Parent Leave Act, to develop a winning legal strategy. Our skilled Glendale, California, pregnancy discrimination attorneys will compassionately listen and work with you to explore the circumstances surrounding your case. We’ll outline all potential legal recourse options and discuss an estimated potential financial settlement based on the discrimination you’ve endured.
How Much Can I Sue for Pregnancy Discrimination?
As a pregnant employee, you should never be subjected to retaliation or a hostile work environment as a result of your condition or desire for reasonable accommodations. Rest assured, you do not have to face pregnancy discrimination alone. If you take legal action against your employer, you cannot be terminated for voicing your concerns in a court of law. In fact, if your employer engages in discrimination retaliation against you because you took legal action, there would be grounds for an additional lawsuit.
The dedicated legal team at the Los Angeles-area office of Manukyan Law Firm has helped pregnant employees and their families fight for the financial settlements they deserve. We are determined to help you recover the maximum settlement possible after pregnancy discrimination. The emotional trauma, stress-related health problems, and lost wages/earning potential associated with pregnancy discrimination place unnecessary physical, emotional, and financial hardships on pregnant employees during an already taxing time of life.
The following factors will be considered when discussing potential pregnancy discrimination settlements:
- Financial compensation related to lost career opportunities
- Recovery of any withheld wages or earnings
- Damages for emotional trauma resulting from pregnancy discrimination
- Financial recompense for medical issues related to a hostile work environment or discriminatory acts
You have the right to a safe and accommodating workplace. When you are denied these rights, our legal team is standing by to ensure your voice is heard, helping you fight and recover the financial compensation you deserve. If you have questions about your particular experience, please call our Los Angeles office. Our team will offer guidance tailored to your specific experiences and apply legal recourse to protect your best interests.
How Do You Prove Pregnancy Discrimination?
An experienced pregnancy discrimination law firm understands the meticulous strategy needed to prove a pregnancy discrimination case in a court of law. The pregnancy lawyers at Manukyan Law Firm’s Los Angeles office have the winning experience you need to bring your claim to a successful conclusion.
In order to recover the settlement you rightly deserve, you must first prove pregnancy discrimination occurred. There are a few ways your legal counsel can do this.
First, you may have evidence that directly shows that pregnancy discrimination took place. This evidence could include any written or verbal correspondence from your employer in which hostility, retaliation, or other discriminatory behavior is exhibited toward you.
The second way to prove a pregnancy discrimination case is to build a strong argument based upon circumstantial evidence. Circumstantial evidence could include instances where a pregnant employee exhibited satisfactory job performance, yet an employer carried out negative employment actions against the mother-to-be in response to the employee’s pregnancy or pregnancy-related condition. In these cases, you absolutely must have an experienced and determined pregnancy discrimination attorney by your side to fight for and ultimately help prove your case.
Do Not Face Pregnancy Discrimination Alone
State and federal laws have been established to protect employees from workplace discrimination. There are even additional protections specifically created for pregnant employees. You are entitled to a safe and accommodating workplace free from hostility or retaliation. When employers fail to provide these protections, you are entitled to fight for your rights and recover financial compensation.
Manukyan Law Firm advocates for pregnant employees who experience workplace discrimination. In these trying times, know that you and your family are not in this fight alone. If an employer refuses to hire you, demotes you, withholds your wages, harasses you, or fires you for reasons related to your pregnancy or childbirth-related medical conditions, you should seek experienced legal counsel.
The dedicated and determined team at Manukyan Law Firm’s Glendale office are available 24/7 to help you fight for a maximum settlement. Our team consistently delivers the compassionate legal counsel pregnancy discrimination clients deserve.
If you have experienced pregnancy discrimination, stand up to your employer with the experienced attorneys of Los Angeles’ Manukyan Law Firm. Contact us today online or by phone at (818) 559-4444. Please contact our Glendale Employment Lawyers for more legal assistance at Manukyan Law Firm.
Frequently Asked Questions For Our Glendale Pregnancy Discrimination Lawyers
Is Pregnancy a Protected Class?
Yes. The Pregnancy Discrimination Act (PDA) makes it illegal for an employer to discriminate against an employee based on pregnancy. PDA prohibits employers with 15 or more employees from engaging in pregnancy discrimination. However, the California Fair Employment and Housing Act (FEHA) prohibits employers with 5 or more employees from engaging in pregnancy discrimination.
Am I Required to Provide a Doctor’s Note Explaining a Need for Workplace Accommodations if I am Pregnant?
California employers are required to engage in an interactive process with pregnancy employees to determine appropriate and reasonable accommodations. However, they are also entitled to obtain medical justification for the requested workplace accommodation. This is typically provided in the form of a note from your doctor stating that the accommodation is medically necessary.
Can My Employer Fire Me if I Become Temporarily Unable to Do My Job Because I Am Pregnant?
Your employer must treat you the same as any other temporarily disabled employee. For example, if your employer permits other temporarily disabled employees to change their work duties, perform different tasks, or take disability leave or unpaid leave, your employer must permit employees who are temporarily disabled because of pregnancy to do the same.
Can My Employer Require Me to Take Leave Because I am Pregnant?
No. Employers must permit pregnant employees to work if they can perform their duties. If you are absent from work because of a pregnancy-related condition and recover, your employer may not require you to remain on leave until the baby’s birth. They may also not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
Is it Illegal for a Pregnant Woman to Discriminate Against Harass Another Employee with a Similar Medical Condition?
Yes. It is illegal for workers to discriminate against or harass others with similar medical conditions, including those who are pregnant — even when they are also pregnant.