Pregnancy Discrimination Lawyer | Los Angeles
Are you struggling with fears your pregnancy could cost you your job or career advancement? These are concerns no expectant employee should have to face. But the stark reality is pregnancy discrimination in Los Angeles workplaces is still a problem.
Fortunately, if you’re on the receiving end of unfair treatment after sharing your pregnancy news, working with a Los Angeles pregnancy discrimination lawyer can safeguard your rights. At Starpoint Law LC, our pregnancy discrimination lawyers understand how demoralizing workplace discrimination is and how detrimental it can be. Our team is here to assist you in navigating these chaotic waters. We do everything from filing complaints to facing your employer in court, ensuring you receive a fair resolution. Contact us today and take a solid step toward a just and equitable workplace.
What Is Workplace Pregnancy Discrimination?
Employers are not allowed to mistreat employees because of pregnancy, childbirth, or related medical conditions. This behavior is called pregnancy discrimination. Here are several types:
- Hiring discrimination—employers who refuse to hire a pregnant candidate, fearing the need for accommodations or potential maternity leave, violate a job applicant’s rights;
- Firing or demotion—terminating, demoting, or passing an employee over for a promotion solely because of their pregnancy or maternity leave status constitutes pregnancy discrimination; and
- Harassment—pregnancy-related harassment can include offensive comments, insults, or derogatory remarks about an employee’s pregnancy.
If you are unsure if your employer is mistreating you because you are pregnant, the team at Starpoint LC can review your circumstances and help determine if you have a claim. Don’t hesitate to reach out; the sooner you contact us, the more time you’ll have to rest easy during this otherwise exciting time.
What Laws Protect My Pregnancy Employee Rights?
As a Los Angeles employee facing workplace pregnancy discrimination, these are the essential laws that protect your rights.
The Pregnancy Discrimination Act (PDA) bars employers with 15 or more employees from discriminating against pregnant employees in hiring, firing, or workplace policies. At the same time, the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for pregnancy-related conditions or childbirth while protecting their job security during the leave period. Finally, while pregnancy itself is not a disability, under the Americans with Disabilities Act (ADA), pregnant workers with one or more impairments related to their pregnancy may qualify as “disabled” under the ADA while they are pregnant.
California State Laws
California’s Fair Employment and Housing Act (FEHA) prohibits pregnancy discrimination and requires employers with five or more employees to provide reasonable accommodations to pregnant workers. Similar to the federal FMLA, the California Family Rights Act (CFRA) grants eligible employees the right to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons over 12 months while retaining their group health insurance. Concurrently, the state’s Paid Family Leave (PFL) provides partial wage replacement for eligible employees who take time off to bond with a new child.
What Are My Rights as a Pregnant Employee?
You have specific legal rights as a pregnant employee, including the following.
Right to Reasonable Accommodations
Federal and California laws obligate employers to provide reasonable accommodations for pregnant employees, such as:
- Temporary job restructuring,
- Modified work schedules,
- Additional rest breaks,
- Permission to sit or use a stool, and
- Assistance with manual labor tasks.
If you are temporarily unable to perform your job due to a pregnancy-related condition, you may be entitled to any or all these reasonable accommodations.
Right to Fair Treatment
From the moment you apply for a job to daily tasks and long-term opportunities, the law legally prohibits your employer from making decisions based on your pregnancy status. This right encompasses a broad range of employment areas, including:
- Your employer cannot reduce your pay because of pregnancy;
- Your employer cannot reduce or modify your tasks and responsibilities due to pregnancy;
- Your pregnancy should not affect your eligibility for promotions and training programs;
- In the event of layoffs, your pregnancy cannot legally factor into the decision to terminate you; and
- You are entitled to the same fringe benefits, like access to professional development and health benefits, as other employees.
This right to fair treatment ensures that your pregnancy does not deter your professional journey. It safeguards your employment rights and provides a level playing field in all terms of your employment.
Right to Maternity Leave
Under the FMLA, eligible employees can take up to 12 weeks of unpaid leave for the birth and care of a newborn child. California’s CFRA and PFL may also extend this leave under certain circumstances.
What Should I Do If I’m Facing Pregnancy Discrimination at Work?
If you are facing pregnancy discrimination, the first step to ending it is reaching out for help. Contacting Starpoint LC is a smart move toward protecting your rights and securing a better future. Other smart moves include:
- Document everything—keep a record of any incidents, including dates, times, witnesses, and details, and be sure to save all emails, messages, and notes that detail instances of discrimination;
- Report the discrimination—if you’re comfortable doing so, follow your company’s procedures for reporting discrimination, which might involve speaking with HR or a supervisor;
- Consider your options—based on your lawyer’s advice, decide whether to negotiate with your employer, file a complaint with the Equal Employment Opportunity Commission (EEOC), or pursue legal action; and
- Take care of yourself—your health and well-being are paramount; ensure you take care of yourself physically and mentally throughout this process.
A Los Angeles pregnancy discrimination lawyer at Starpoint LCC can help you determine your best course of action. Our team will ensure your employer treats you with the dignity you deserve.
How a Pregnancy Discrimination Attorney at Starpoint LC Can Help
Throughout the legal process, we will advocate for your fair treatment and work to hold your employer accountable. But here’s what else you can expect:
A Thorough Case Evaluation
We will assess your claim’s strength and suggest the best course of action, including helping you determine if filing a complaint with the appropriate agency or pursuing legal action is the right step.
We’ve never lost a case! Having successfully represented numerous employees in pregnancy discrimination-related disputes, we understand employment law’s complexities and can provide unparalleled legal representation.
Strong Case Building
Our detailed understanding of employment laws ensures we cover every angle, including gathering comprehensive evidence, preparing legal documents, and strategizing the best approach to present your case successfully.
Expert Negotiation and Litigation
We will work tirelessly to negotiate and reach a favorable settlement on your behalf. However, if we must go to court, we have the experience and resources to represent you.
A Tailored Personal Approach
We shape our approach based on you, including taking the time to understand your specific details, offering personalized advice, and customizing individualized legal strategies.
Call Starpoint LC Today
Employment law can be complex and intimidating, but you don’t have to navigate it alone. At Starpoint LC, we understand the impact discrimination can have on your well-being. We are committed to providing support and guidance throughout your journey, keeping you well-informed and comfortable throughout the process. We offer free consultations, so please reach out to us today.