Pregnancy Law

Los Angeles Pregnancy Discrimination Lawyer

Pregnancy discrimination is a serious problem even in today’s modern workplace, with thousands of pregnancy discrimination and harassment claims filed every year against bad-acting employers.

Expecting mothers should be able to focus on the joys of growing their family, not stressed about losing their jobs. If you’ve experienced illegal pregnancy discrimination, harassment, or retaliation at work, you’re not alone – and with the right help, you can successfully fight back to protect your job and recover for any damages you’ve suffered.

Pregnancy is a protected characteristic under the law, which means that you have rights. Not to mention, California has some of the strongest worker protections in the country. A local Los Angeles pregnancy harassment lawyer can help you understand your legal options.

At Yash Law Group, attorney Jesse Singh focuses on complex pregnancy law cases, a unique area of employment discrimination with distinct issues and challenges. When you work with Jesse, he deals directly with you from start to finish, handling every aspect of your case and keeping you informed of developments. Jesse has cultivated relationships with neonatologists and other doctors who can carefully review relevant medical records relating to pregnancy or related disabilities. This network of experts is an invaluable resource for getting the information you need to prove your case.

Yash Law Group has a proven track record of success in pregnancy discrimination cases. We help our clients protect their careers and support their families. Call 714-494-6244 or use the contact form now to talk to a pregnancy lawyer about your employment discrimination, harassment, or retaliation case.

Pregnancy Discrimination and Harassment in the Workplace

The federal Pregnancy Discrimination Act (PDA) protects job applicants, women who are currently employed, and women who were fired or let go because of discrimination. The California Fair Employment and Housing Act (FEHA) protects job applicants, women who are currently employed, and pregnant women or new mothers who were fired or let go because of discrimination or harassment.

Similar to other anti-discrimination laws, an employer cannot treat a woman differently because she is currently pregnant, recently gave birth, or has a medical condition related to pregnancy or childbirth. Even if you’re not pregnant, it’s illegal for your employer to make decisions based on assumptions about your pregnancy status or the possibility of pregnancy in the future just because you’re of childbearing age.

Pregnancy laws don’t grant women special rights – they simply make sure that expectant mothers and women of childbearing age are given equal access and treatment as other employees. In some cases, your employer may be required to provide you with certain pregnancy accommodations such as lactation facilities or job duty adjustments.

Examples of Pregnancy Discrimination and Harassment

Pregnancy harassment or discrimination happens when an employer takes negative action against an employee because of pregnancy (real or perceived), future pregnancy, childbirth, or reproduction-related condition. You could be suffering from pregnancy discrimination or harassment at work if your employer demotes you, reduces your schedule, fires you, harasses you, denies you reasonable accommodations, or treats you differently based on these characteristics.

Pregnancy discrimination can come in many forms, from micro-aggressions in casual remarks to company culture as a whole even if the discrimination goes mostly unsaid. Pregnancy harassment can also come in many forms, but it must be severe and pervasive, meaning not a single or isolated incident.

Every situation is different, which is why you need an experienced pregnancy discrimination lawyer’s advice to best understand your rights and legal options. Below are some common examples of pregnancy harassment or discrimination in the workplace:

• You get fired because of a pregnancy-related condition
• You lose your job during or after taking pregnancy leave
• Your employer asks you whether you plan to get pregnant
• You get asked about family planning during your interview
• You get denied a job based solely on your pregnancy despite being qualified
• You’re frequently the target of pregnancy-related jokes and comments
• Women of childbearing age get fewer opportunities to advance at your company
• You get demoted or your schedule gets reduced because of a pregnancy
• You regularly get passed up for promotions, training opportunities, and high-value projects because you’re a woman or you’re pregnant
• Your employer refuses to give you benefits that you’re entitled to, such as insurance
• Your employer retaliates against you for taking your legally-protected pregnancy leave or filing a pregnancy discrimination claim to protect your rights
• Your employer refuses to give you reasonable accommodations for your pregnancy such as reducing your physical labor or giving you breaks to sit
• Your employer tries to shorten the amount of time you can take on pregnancy leave
• You face a hostile work environment as punishment for taking leave or getting pregnant

Intentional Versus Unintentional Pregnancy Discrimination

Pregnancy discrimination can be intentional or unintentional.

• Intentional pregnancy discrimination happens when your employer takes a negative action against you specifically based on your protected characteristic.
• Unintentional pregnancy discrimination can happen when a neutral workplace policy gets implemented in a way that actually creates a negative impact on a group.

Unintentional pregnancy discrimination tends to be more subtle, but that doesn’t mean it’s any less harmful to those who suffer from it. Policies with negative impacts could look like:

• Schedules that make it impossible for you to attend your doctor’s appointments
• Shifts that require hours of standing with no reasonable accommodations
• Rules that exclude women of childbearing age from certain activities with no legitimate business reason, even if they’re made to “protect” those employees

If a workplace policy has an actual discriminatory effect that does not have a job-related necessity, your employer must create a non-discriminatory policy in its place that would accomplish the business objective without the discriminatory effect.

If you suspect that you’re the target of pregnancy discrimination, it’s important to be proactive about gathering evidence to support your case. Keep a journal or log of any discriminatory incidents, witnesses, documents, emails, or other internal discussions.

You should also keep copies of your own performance reviews, especially if they’re positive. A bad-acting employer may try to fire you and then lie about your performance as a way to justify and legitimize their actions. You can show your performance reviews to prove otherwise.

Whether you’re facing intentional or unintentional discrimination, your attorney can help you gather the evidence you need to prove your case and protect your career.

Wrongful Termination Based on Pregnancy

You may have been wrongfully terminated if you were fired or laid off for an illegal reason – in this case, illegal pregnancy discrimination or as part of a pattern of pregnancy harassment. For example:

• You request a reasonable accommodation for a pregnancy-related condition but instead of engaging in the accommodation process, your employer lets you go.
• You get fired shortly after your employer finds out that you’re pregnant.
• You lose your job after taking off time for family leave or pregnancy disability leave.
• You get laid off instead of a male coworker because you’re a woman of childbearing age and management assumes you will have children one day.

Although these situations may seem straightforward, employers rarely admit the real reason they’re firing somebody, especially when that reason is discriminatory. In fact, employers may take steps to hide any evidence of discrimination, throwing you under the bus instead. Your employer may lie about your job performance and the real reason you were fired.

Unfortunately, this type of behavior can affect your professional reputation and career for years to come, especially if you need a reference or you work in a tight-knit industry. A pregnancy discrimination or harassment claim can help you right the record and clear your name against the employer.

What Are Your Rights and Remedies for Wrongful Termination?

The consequences of wrongful termination for victims cannot be overstated. You work hard for your career. Having your work derailed because of illegal discrimination, harassment, or retaliation can be devastating not just for your professional life but for your mental health, too. To make matters worse, you have to worry about providing for your family when you need it the most.

When you file a claim or lawsuit for pregnancy discrimination or other unlawful mistreatment based on pregnancy, you can recover damages to compensate you for your losses. This holds your employer accountable and “makes you whole” in the eyes of the law. A successful wrongful termination claim can result in:

• Economic damages to cover your lost income and any other costs from losing your job
• Non-economic damages such as emotional distress and mental suffering

If your employer has behaved particularly badly, a court may even hold them liable for punitive damages, which are meant to punish bad actors and discourage repeat incidents.

When you work with Yash Law Group, you’ll start with a free consultation with experienced Orange County pregnancy discrimination lawyer Jesse Singh. No one should have to worry about how they’re going to afford a lawyer, especially after facing difficulties at work. That’s why Yash Law Group regularly takes pregnancy discrimination cases and harassment lawsuits on a contingency fee basis. That means no upfront legal fees and a team that is fully committed to and invested in your success.

Pregnancy and Lactation Accommodations at Work

The Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA), and the Fair Employment and Housing Act (FEHA) require employers to make reasonable accommodations for pregnant workers.

Employers must make job-related modifications or accommodations for pregnant workers the same way they would for other employees with similar physical limitations. The following pregnancy-related conditions could qualify for reasonable accommodations:

• Anemia, gestational diabetes, or preeclampsia
• Sciatica, back pain, or swelling in the legs
• Morning sickness or depression

You can request a reasonable accommodation for any impairment that limits a major life activity or your normal bodily functioning. Your employer must provide an accommodation unless doing so would create an “undue burden” for the company.

The California Labor Code also guarantees an employee the right to a reasonable break time as a lactation accommodation. An employer must give the employee time to express breast milk for the employee’s child whenever the employee needs it or else face monetary penalties.

Common Reasonable Pregnancy Accommodations in the Workplace

Reasonable accommodation for pregnancy-related conditions could involve:

• Allowing you time off for necessary medical appointments
• Additional or longer rest breaks, meal breaks, and/or restroom breaks
• Help with physical labor and lifting heavy items
• Modified worksite or office equipment for better comfort or accessibility
• Reassignment of job duties to something less strenuous
• Working from home when remote work is feasible
• Setting up a private area for lactation or breastfeeding

Getting a reasonable accommodation is a collaborative process between you and your employer. Ideally, your employer will take a personally-tailored approach to your situation and allow you to voice your needs and requests. However, if your employer fails to engage in this process in good faith, or worse – retaliates against you by firing or demoting you for making an accommodation request, that could be illegal pregnancy discrimination.

Your Right to Family and Pregnancy Leave

The federal Family and Medical Leave Act (FMLA) gives employees of qualifying companies the right to 12 weeks of unpaid time off where their job is protected. You can use FMLA leave for childbirth, pregnancy-related conditions, or caring for a newborn or foster or adopted child.

California gives even more rights to pregnant employees. In certain situations, California’s Pregnancy Disability Leave Law (PDLL) allows you to take another 12 weeks of unpaid family leave in addition to the 12 weeks of unpaid family leave granted in the federal Family and Medical Leave Act (FMLA). Additionally, the California Family Rights Act (CFRA) applies to more companies than the federal law and allows employees to take up two 12 weeks of pregnancy disability leave that is “job protected.”

Depending on the situation, state and federal leave time may stack, giving you the right to take 24 weeks of total unpaid leave or longer. An experienced pregnancy lawyer can help you understand how much time you can take off under both state and federal law based on your circumstances. It’s illegal for your employer to deny you the full amount of leave you deserve or retaliate against you for taking time off – these are your legally protected rights. At the end of your leave, you should be reinstated back to your original position or to a comparable position.

Los Angeles lawyer Jesse Singh has handled a large number of pregnancy discrimination cases with a high degree of success, helping clients continue with their successful careers and support their families. When you work with Yash Law Group, you get years of experience in this unique area of law, plus Jesse’s strong network of medical professionals who are on call to review your case. You have a right to dignity in the workplace. No one should be mistreated because of their family choices.

Your consultation is free. Call 714-494-6244 or use the contact form now to talk to a local pregnancy law attorney about your case.