Protecting the Rights of Expecting and New Mothers in the Workplace
If you have been treated unfairly at work because you are pregnant, recently gave birth, or are planning to start a family, you may be a victim of pregnancy discrimination. At Kingsley Szamet Employment Lawyers, we are dedicated to protecting the rights of employees in Los Angeles who have experienced this kind of illegal treatment. Discrimination attorney Eric Kingsley is a trusted advocate with decades of experience standing up for workers across California. If your employer has violated your rights, we are ready to help.
What Is Pregnancy Discrimination?
Pregnancy discrimination happens when an employer takes negative action against a job applicant or employee because of pregnancy, childbirth, or related medical conditions. This can include hiring decisions, job assignments, promotions, layoffs, terminations, or the denial of workplace accommodations or leave.
In California, pregnancy discrimination is against the law. Employers are not allowed to penalize someone for being pregnant or for needing time off related to pregnancy or childbirth. Unfortunately, many employers still try to sideline or push out workers who are pregnant or returning from maternity leave.
When Is Pregnancy Discrimination Illegal in California?
California has some of the strongest worker protections in the country, including laws that specifically protect pregnant employees. The California Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act both make it unlawful to discriminate based on pregnancy.
In California, it is illegal for an employer with five or more employees to:
- Refuse to hire you because you are pregnant or may become pregnant
- Fire or demote you because you are pregnant or have taken maternity leave
- Deny you promotions or job opportunities because of your pregnancy
- Harass you or create a hostile work environment related to pregnancy
- Deny reasonable accommodations related to pregnancy or childbirth
- Retaliate against you for requesting accommodations or medical leave
If your employer has taken any of these actions, you may be entitled to compensation and legal relief due to discrimination and/or wrongful termination depending on your specific circumstances.
Examples of Pregnancy Discrimination
Pregnancy discrimination can take many forms, including subtle or indirect mistreatment. Some common examples include:
- Being denied a job after disclosing that you are pregnant
- Being pressured to take unpaid leave instead of being given modified duties
- Receiving negative performance reviews or being excluded from meetings during pregnancy
- Being demoted or replaced while on maternity leave
- Facing termination shortly after informing your employer that you are pregnant
- Being denied a private space to pump breast milk after returning to work
If any of these situations sound familiar, you may have a valid claim for pregnancy discrimination.
Your Right to Take Pregnancy and Parental Leave
In California, pregnant employees are entitled to certain types of protected leave under both state and federal law. These include:
- Pregnancy Disability Leave (PDL): Up to four months of job-protected leave for a pregnancy-related condition
- California Family Rights Act (CFRA): Up to 12 weeks of job-protected leave for bonding with a newborn or caring for your own serious health condition
- Family and Medical Leave Act (FMLA): A federal law that also allows up to 12 weeks of unpaid, job-protected leave
These laws often overlap and can be used together in some cases. Your employer must allow you to return to your same or a comparable job after leave. If they refuse to do so, that may be a violation of your rights.
Reasonable Accommodations for Pregnancy-Related Conditions
Employers in California are required to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions. These accommodations may include:
- Modifying job duties to avoid heavy lifting
- Providing more frequent rest or bathroom breaks
- Allowing a temporary transfer to a less physically demanding position
- Providing a stool or chair for employees who must stand for long periods
- Offering a flexible schedule for prenatal appointments
Your employer cannot force you to take leave if a reasonable accommodation would allow you to keep working safely. If they do, it may constitute pregnancy discrimination.
Retaliation for Exercising Your Rights Is Also Illegal
Employees who assert their legal rights related to pregnancy are also protected from retaliation. This means your employer cannot fire you, demote you, cut your hours, or take other negative action against you for requesting accommodations, taking leave, or filing a complaint.
Retaliation claims often go hand in hand with pregnancy discrimination claims. If your employer has punished you for asserting your rights, we can help you hold them accountable.
What to Do If You Are Facing Pregnancy Discrimination
If you believe you have been discriminated against because of your pregnancy, it is important to take action quickly. Here are a few steps you can take:
- Document everything: Save emails, text messages, schedules, performance reviews, and other records that may help prove your claim.
- Report the issue internally: If possible, report the discrimination to human resources or management in writing.
- Consult a lawyer: An experienced employment attorney can help you understand your options and protect your rights.
- Do not delay: There are strict deadlines for filing a pregnancy discrimination complaint. In many cases, you must file with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before you can file a workplace discrimination lawsuit.
At Kingsley Szamet Employment Lawyers, we can guide you through each step of the process and help you build a strong case.
Why Hire Kingsley Szamet Employment Lawyers
Attorney Eric Kingsley has been fighting for the rights of workers for more than 25 years. He has recovered over $300 million for employees and has earned national recognition for his work in employment law. Our firm focuses exclusively on representing employees in cases involving discrimination, retaliation, wage theft, and wrongful termination.
Here is what sets us apart:
- Proven Trial Experience: We are trial lawyers. If your case does not settle, we are fully prepared to take it to court.
- We Understand What's at Stake: We understand the emotional and financial stress discrimination causes, and we fight to get you the compensation you deserve.
- No Risk To You: We take most cases on a contingency fee basis, meaning you pay no attorney's fees unless we win.
- Local Expertise That Matters: We are based in Los Angeles and know the local courts, judges, and employers.
- A Track Record That Speaks for Itself: From multi-million dollar verdicts to groundbreaking settlements, our results demonstrate our commitment to holding employers accountable and changing workplace practices for the better.
We are committed to justice for working people. If you have experienced pregnancy discrimination, we are ready to stand up for you.
Speak to a Los Angeles Pregnancy Discrimination Attorney Today
You do not have to tolerate unfair treatment because you are pregnant or planning to start a family. Our legal system protects your rights, and we are here to help you use it.
Call Kingsley Szamet Employment Lawyers today to speak with a Los Angeles pregnancy discrimination attorney. Your consultation is confidential, and there is no obligation to move forward unless you choose to.
Let us help you take the first step toward holding your employer accountable and protecting your future.
