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Discrimination in the Glendale, CA workplace based on certain protected characteristics is illegal. Being an employee who is pregnant is one of these characteristics. Employers are prohibited from firing, failing to hire, or otherwise discriminating against a pregnant employee or hiring candidates based on their pregnancy. If you are pregnant, and feel that an employer or potential employer has put you at a disadvantage in your work because of your pregnancy, you could file a claim for pregnancy discrimination. By doing so, you can earn compensation for the discrimination you face.
At Nosratilaw, A Professional Law Corporation, we protect the rights of pregnant employees. You may find yourself being paid less, being passed over for rightful promotions, or being harassed at work. Some employers will pretend that their actions are legal, but this isn’t the case. No one should have to face this treatment at work. Our discrimination attorneys can help you determine the validity of your claim and file it with the right agencies. Our team has more than 20 combined years of experience, and we want to use that legal knowledge and success to get you the compensation you deserve and hold your employer accountable.
Federal and state laws provide protection from discrimination for several protected characteristics, including:
Being pregnant is also a protected characteristic. If an employer in California employs more than 5 workers, they are prohibited from discriminating against employees or potential employees on the basis of their pregnancy. Discriminatory actions by an employer include:
It’s essential to understand your rights as a pregnant employee so that you can better protect yourself. Your pregnancy is a personal joy, and your employer should not interfere in that personal part of your life.
If an employer is discriminating against you because of your pregnancy, it’s likely they aren’t overt about it. They know what they’re doing is illegal, but they may try to blame discriminatory actions on other factors. Working with an employment lawyer gives you the greatest chance of gathering essential evidence and proving discrimination.
An attorney can also lessen your legal burdens during an already busy and potentially stressful time in your life. You want to be preparing your home and family for a new addition. Your discrimination attorney can make filing your claim a faster and more effective process. They can also negotiate on your behalf to earn you compensation.
Pregnant employees, in addition to standard employee rights, have rights regarding pregnancy and postnatal care. Pregnant employees have the right to:
Refusing these rights is illegal, as is any act of discrimination. When you file a claim against your employer for their discriminatory actions, it holds them accountable and can stop other employees from experiencing the same discrimination. You can also receive compensation for lost wages, lost job opportunities, and lost earning potential, as well as other damages.
Federal laws apply to any employer with 15 employees or more, while state laws apply to employers with 5 employees or more. These employers are prohibited from making employment decisions based on medical conditions or disabilities, including pregnancy and childbirth. Federal and state pregnancy anti-discrimination laws include:
Pregnancy and parental rights are also protected under the California Pregnancy Disability Leave Law. An employer who violates your rights can be held accountable for their actions.
Proving discrimination in the workplace is based on direct and indirect evidence. Direct evidence may include communication, statements, or witness testimony that shows the employer’s discriminatory bias.
Indirect evidence includes proving that an alternate reason given by the employer for their actions makes no sense. For example, if an employee was wrongfully terminated because of their pregnancy, the employer may state they were fired because of their poor work performance. Indirect evidence can show proof that their performance was satisfactory, meaning there was another reason for the termination.
How workplace discrimination is proven depends on your unique circumstances. Your discrimination attorney can help you determine what evidence is relevant.
Your attorney can help gather evidence for your claim and advocate for your case during negotiations or in court. To prove pregnancy discrimination, you must show that the following is true:
Being able to prove this will make it more likely that you receive compensation. If you believe you’re facing pregnancy discrimination, it’s important to discuss your situation with an attorney. They can help you determine if your claim is valid and what forms of compensation you could be awarded. You could be reinstated at your job, have court costs covered, or receive damages for emotional distress. Your employer may have to pay punitive damages, which are solely intended to punish them for their discriminatory actions.
A: A case with direct evidence, such as correspondence or statements directly from an employer about their behavior, is stronger than one that only uses indirect evidence. That’s why it’s important that you save internal correspondence, as you may not realize how important the evidence is. It can be difficult to prove pregnancy discrimination because employers are often aware that their actions are illegal and try to conceal what they’re doing. However, working with an attorney can increase the likelihood of finding essential and strong evidence to support your case.
A: Every case of pregnancy discrimination is different. The amount you’re awarded after a successful claim depends on the circumstances of your case, such as:
Wrongful termination cases based on pregnancy may be compensated anywhere from $200,000 to $400,000. Talk with a dissemination attorney to determine the damages available in your case.
A: To prove pregnancy discrimination, an employee must prove that:
A: All employees are protected from harassment and have the right to a safe workplace. Harassment of a pregnant employee could include verbal, written, or physical abuse. Pregnancy harassment is a form of sexual harassment, just like harassment based on sex or gender. Pregnancy harassment may include jokes, gestures, or images relating to pregnancy.
Any workplace discrimination is unacceptable. These situations can make employees feel as if they’re alone, but know that the attorneys at Nosratilaw, A Professional Law Corporation, want to protect your rights and recover the damages you suffered. If you want to determine if you have a case, or need legal assistance gathering evidence or filing your claim, contact Nosratilaw, A Professional Law Corporation, today.