Pregnancy Discrimination Attorneys in Los Angeles, CA

It is illegal for an employer to discriminate against a woman based on pregnancy. State and federal laws protect women against this form of discrimination in all aspects of employment, including interviewing, hiring, firing and promoting.

Despite robust state and federal laws designed to protect pregnant employees, instances of unfair treatment continue to surface, underscoring the critical need for awareness and legal recourse.

Understanding Pregnancy Discrimination

Pregnancy discrimination involves treating a woman unfavorably due to pregnancy, childbirth, or related medical conditions. This can manifest in various forms, including:

• Hiring Decisions: Refusing to hire a qualified candidate because she is pregnant or may become pregnant.
• Employment Terms: Denying promotions, salary increases, or professional development opportunities to pregnant employees.
• Job Assignments: Reassigning pregnant employees to less favorable positions without valid reasons.
• Termination: Firing an employee upon learning of her pregnancy.

Such discriminatory behaviors not only violate ethical standards but also breach legal protections afforded to employees.

Legal Protections for Pregnant Employees in California

California offers comprehensive protections for pregnant employees through several statutes:

• Fair Employment and Housing Act (FEHA): Prohibits employers with five or more employees from discriminating based on pregnancy, childbirth, or related medical conditions
• Pregnancy Disability Leave (PDL): Allows pregnant employees to take up to four months of unpaid leave for pregnancy-related disabilities.
• California Family Rights Act (CFRA): Permits eligible employees to take up to 12 weeks of unpaid leave for baby bonding or to care for their own serious health condition.

These laws mandate that employers provide reasonable accommodations to pregnant employees, such as modified work duties or schedules, to ensure their health and well-being during and after pregnancy.

Notable Pregnancy Discrimination Cases in Los Angeles

Several cases highlight the ongoing challenges faced by pregnant employees:

• LA Louisanne, Inc. Settlement: A Los Angeles restaurant reduced a server’s hours upon learning of her pregnancy and subsequently removed her from the schedule after childbirth. The establishment settled the case for $82,500 in July 2018.Jeffrey Freedman Attorneys PLLC
• Reyes v. Arnold: In 2009, an executive assistant was terminated after informing her employer of her pregnancy. The Los Angeles Superior Court ruled in favor of the plaintiff, exemplifying how pregnancy discrimination can occur in professional settings.Branigan Robertson

These cases underscore the importance of legal intervention in addressing and rectifying discriminatory practices.

The Role of a Pregnancy Discrimination Lawyer in Los Angeles

Engaging a knowledgeable pregnancy discrimination lawyer in Los Angeles is crucial for employees facing such challenges. These legal professionals offer:

• Expert Guidance: Assistance in understanding rights under state and federal laws.
• Case Evaluation: Determination of the validity and strength of discrimination claims.
• Legal Representation: Advocacy in negotiations or court proceedings to seek remedies such as reinstatement, compensation for lost wages, and damages for emotional distress.

Given the complexities of employment discrimination cases, having a dedicated attorney increases the likelihood of a favorable outcome.

Taking Action Against Pregnancy Discrimination

If you believe you’ve been subjected to pregnancy discrimination:

1. Document Incidents: Keep detailed records of discriminatory actions, including dates, times, and involved parties.
2. Report Internally: Notify your human resources department or supervisor about the discriminatory behavior.
3. Seek Legal Counsel: Consult with a pregnancy discrimination attorney to explore your legal options.
4. File a Complaint: Lodge a formal complaint with the California Civil Rights Department or the Equal Employment Opportunity Commission (EEOC).

Timely action is essential, as there are specific deadlines for filing discrimination claims.

What Are Your Rights During Pregnancy and After Childbirth?

If your pregnancy causes you to need a reasonable accommodation, your employer is required to engage in the interactive process, described here. For example, if because of pregnancy, an employee can no longer safely lift more than 10 pounds, she can request an accommodation such as assistance in lifting heavier objects, being relieved of the duty to lift such objects or being moved to another position that does not require such lifting. The failure to accommodate a pregnant employee’s request would likely be an act of discrimination.

After childbirth, an employer must grant the employee medical leave for a reasonable amount of time. For example, under the California Family Rights Act, a woman has up to 12 weeks of unpaid leave following childbirth. Additionally, under the California Pregnancy Disability Leave Law (PDLL), an employee can request up to four months of unpaid leave if she is disabled by her pregnancy or a pregnancy-related medical condition.

What Is Pregnancy Discrimination?

Pregnancy discrimination can be based on actual pregnancy, childbirth or medical conditions related to the pregnancy. It is illegal for an employer to discriminate against an employee for any of these pregnancy-related reasons.

Examples of pregnancy discrimination include employers taking the following actions against a pregnant employee:

• Firing
• Refusing to hire
• Asking a female applicant whether she intends to become pregnant
• Demoting
• Changing job assignments without a valid reason

Are Employees Protected From Discrimination After a Past Pregnancy?

Yes. Employees and job applicants cannot be discriminated against because of a past pregnancy or related medical condition. Employees cannot be fired after returning from any pregnancy-related need.

What Medical Conditions Related to Pregnancy or Childbirth Are Covered?

Pregnant employees may suffer from medical conditions during pregnancy and after childbirth. It is illegal for employers to discriminate against these employees. Examples of medical conditions related to pregnancy or childbirth include:

• Back pain
• Pre-eclampsia
• Gestational diabetes
• Conditions that require bed rest
• Lactation issues

Contact Us About Your Pregnancy Discrimination Case

If you have experienced pregnancy-related discrimination in the workplace, contact an attorney at Allred, Maroko & Goldberg. We have offices in Los Angeles and New York so we can help clients across the country. Call us at 323-746-1853 or 646-992-2184 to arrange for a case evaluation.