FREE CONSULT
ALL FIELDS REQUIRED*
FREE CONSULT
NO RECOVERY NO FEE
Experiencing pregnancy can be an exciting time. Facing discrimination because of your pregnancy can be stressful. Fortunately, if you are encountering discrimination due to pregnancy, you have the right to pursue legal action. A Burbank pregnancy discrimination lawyer can help you get the justice you deserve for facing unfair and unlawful discrimination.
With more than 20 years of combined experience, Nosratilaw, A Professional Law Corporation, represents workers in labor and employment issues. We understand the distinct difficulties that workers encounter. We strive to pursue justice. We take on every case on a contingency fee basis, so you don’t have to pay anything unless you get paid. Our clients value our empathy and commitment to upholding their rights. We have a reputation for seeking justice and achieving our clients’ needs.
Pregnancy discrimination occurs when an employee (or applicant) is treated unfairly because of being pregnant, giving birth, or having a related medical condition. It is unlawful to discriminate against a worker or potential worker based on their pregnancy. Pregnancy discrimination covers many aspects of employment beyond hiring and firing, including promotions, pay, assignments, training, and benefits.
The Pregnancy Discrimination Act (PDA) of 1978 is a federal law. In California, employees are provided with additional protections. They have the same rights as those with temporary disabilities. For instance, those with a pregnancy-related condition must be allowed reasonable accommodations if needed. These can include modified tasks, disability leave, and alternative assignments.
Pregnancy discrimination can take on many forms. It does not always look like overt discrimination, such as a boss firing you and telling you outright that you’re fired for being pregnant. It can take on more subtle overtures. Examples of pregnancy discrimination could include:
To file a pregnancy discrimination claim, you must prove that the discrimination happened. To do this, first, you must show that you were pregnant or had a pregnancy-related condition such as preeclampsia, miscarriage, gestational diabetes, or C-section recovery. You can prove this through medical bills and official documentation from your doctor.
Next, you must show that you are qualified to perform the job. If you were an established employee, you could show that you received positive work reviews for your past performance. Then, you must show that you experienced a negative action. This can include termination, demotion, harassment, or a denial of benefits.
Finally, you must show that the negative action was a direct result of your pregnancy status. This can be difficult to prove in less obvious situations. For example, an employer may terminate you after announcing a pregnancy but may claim that it is for a different reason, such as poor work performance. However, you can circumvent this by proving that you did not have poor work performance through proof of positive reviews. An employment attorney in Burbank can help you by gathering the proof you need to build a strong case.
If you face pregnancy discrimination in Burbank, an attorney can help you fight for your rights and seek the justice you deserve. An attorney can analyze the details of the case, get the evidence you need, and determine the suitable legal action to take for your unique circumstances.
An experienced pregnancy discrimination attorney can go over the policies at your job and any communications that show unfairness. An attorney can help you file the necessary complaints with the appropriate agencies. Filing official complaints is required before you can file a legal claim.
If your employer engages in discriminatory actions, an attorney can negotiate for compensation, establish grounds for reinstatement, and represent you in court, if necessary. If you do go to court, they can fight for your lost wages, emotional distress, and any legal costs. Ultimately, your attorney can hold your employer accountable for their actions.
The worth of a pregnancy discrimination claim is determined by several variables, including the degree of the discrimination, lost income, and emotional suffering. Settlements can result in back pay compensation, future earnings compensation, punitive damages, and legal fees. Every case is different, and the result will depend on the evidence offered, the actions of the employer, and any relevant state or federal laws.
You must demonstrate that your employer treated you unfairly because of your pregnancy, childbirth, or a related condition to prove pregnancy discrimination. Emails, performance evaluations, witness statements, or an abrupt shift in treatment upon your pregnancy announcement are examples of evidence. Establishing discrimination might also be strengthened by contrasting your circumstances with those of other workers.
You must first register a complaint with the Equal Employment Opportunity Commission (EEOC) or a state body, such as the California Civil Rights Department (CRD), to bring a pregnancy discrimination claim. You might be given a “right to sue” letter following an investigation, which would enable you to bring an action in court. Hiring an attorney can help improve your chances of a successful outcome.
The settlement time for a pregnancy discrimination claim varies depending on several circumstances, including the case’s complexity, the employer’s cooperation, and the court processes. While some cases settle swiftly through mediation or negotiation, others might take longer if they go to trial. Since every situation is unique, the timeline is contingent upon the specific facts and circumstances of the case.
If you have endured pregnancy discrimination at your workplace, justice is available for you. Nosratilaw, A Professional Law Corporation, can help you seek the justice you deserve. Contact us today to get started.