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.

What Does Pregnancy Discrimination Look Like?

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:

• Refusing to hire. An otherwise qualified candidate does not get hired once it is revealed they are pregnant.
• Termination. This involves a boss firing an employee after she announces her pregnancy. This could also include an employee being demoted for the same reason.
• Denying benefits. This could include a pregnant employee being denied benefits that are given to those who have temporary disabilities.
• Creating a hostile work environment. This can involve a pregnant employee being subjected to harassment, cruel remarks, and overall unfair treatment due to their pregnancy status.

Proving Pregnancy Discrimination

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.

How a Lawyer Can Help

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.

FAQs

How Much Is a Pregnancy Discrimination Claim Worth?

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.

How Can You Prove Discrimination During Pregnancy?

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.

How Do I File a Claim for Pregnancy Discrimination?

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.

How Long Does It Take to Settle a Pregnancy Discrimination Claim?

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.

Contact Nosrati Law, A Professional Law Corporation Today

If you have endured pregnancy discrimination at your workplace, justice is available for you.

Nosrati Law, A Professional Law Corporation, can help you seek the justice you deserve. Contact us today to get started.