Long Beach Pregnancy Discrimination Lawyer

Pregnancy Discrimination Attorney in Long Beach, CA

If you are expecting, it is important to understand your rights in the workplace. Unfortunately, pregnancy discrimination happens, and if you have experienced discrimination or were not provided with reasonable accommodations, contact a Long Beach pregnancy discrimination lawyer.

Clark Employment Law, APC, has years of experience in representing employees in the Long Beach, CA, area in both state and federal employment cases. Our firm has helped clients in cases against some of the largest corporations in California, having successfully sought the justice they deserve. While past results don’t guarantee future outcomes, our firm has the knowledge and skill to handle your case.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee differently from others because they are pregnant. Refusing to provide reasonable accommodations is also considered discrimination. More than 72% of women work while they are pregnant. However, even with protections in place, a recent study shows that 1 in 5 mothers experienced pregnancy discrimination at work.

Pregnant women are protected under both state and federal laws. California’s Fair Employment and Housing Act (FEHA) gives employees the right to file a civil claim against their employer for discrimination, and the California Family Rights Act also gives employees the right to file a claim for pregnancy-related rights. Title VII of the Civil Rights Act of 1964, amended by the Pregnancy Discrimination Act, is one of the federal laws that prohibit discrimination based on pregnancy.

Types of Pregnancy Discrimination

Pregnancy discrimination can occur in many forms. Some examples include:

• Refusing to hire a woman because she is pregnant
• Firing or laying off an employee because they are pregnant
• Cutting salary or benefits because of a pregnancy
• Transferring an employee to a less desirable location or to a lower position
• Refusing pregnancy leave or other medical leave related to a pregnancy
• Failing to hold a job open for an employee who is out on pregnancy leave
• Harassment at work, such as derogatory comments or jokes about a pregnancy

Workplace Rights as a Pregnant Employee

In addition to your right to have a workplace free from discrimination, an employer is required to allow accommodations for pregnant women. They need to:

• Provide accommodations such as modified work duties, regular breaks for rest, and a chair or stool if your job normally requires you to be on your feet.
• Provide you with legally allowed disability leave, and hold your job while you are out. The California Family Rights Act guarantees employees up to four months of unpaid leave if they can’t work because of a pregnancy.
• Provide a reasonable amount of time and a private area close to your work area that allows you to breastfeed or express breast milk.

Recognizing Pregnancy Discrimination

Discrimination is not always blatant. In some cases, you need to know the signs to recognize that you are being discriminated against. You might suddenly receive negative performance reviews when you’re pregnant after years of positive reviews. You could be told that you are no longer a good fit for the position you’ve held for years. If these events happen when you become pregnant, your employer may be discriminating against you.

If you are suddenly excluded from projects or training you are qualified for, or you experience retaliation after requesting accommodations for a pregnancy, it is a form of discrimination.

Possible Damages for Pregnancy Discrimination

If you have a pregnancy discrimination case, your Long Beach pregnancy discrimination attorney can seek compensation for:

• Back pay and lost wages for the time you were unemployed or underemployed
• Reinstatement to your former position
• Future lost earnings if your career was affected
• Compensation for emotional distress
• Compensation for damage to your professional reputation
• Attorney’s fees
• Punitive damages if you can prove that the discrimination was reckless or malicious

Why Hire a Pregnancy Discrimination Lawyer?

Pregnancy discrimination cases can be complex, as they involve state and federal pregnancy discrimination laws with overlapping requirements. With so much at stake, it’s important to hire a pregnancy discrimination lawyer who is familiar with how to move your case forward.

An experienced attorney can file complaints within the required timeline and meet all procedural requirements. Many of these cases are resolved before going to trial. An attorney can negotiate for a fair settlement that provides you with the compensation you deserve. They can also represent you at trial in the Governor George Deukmejian Courthouse in Long Beach, if it goes that far.

FAQs

How Much Is a Pregnancy Discrimination Settlement in California?

The amount of a pregnancy discrimination settlement in California varies widely, depending on the amount of damages. A case with a significant amount of lost wages and emotional distress may have a higher settlement than a simple case. The complexity of the case and the size of the employer may also affect the settlement.

How Hard Is It to Prove Pregnancy Discrimination?

It can be challenging to prove pregnancy discrimination in the workplace, as you must prove that your pregnancy was the reason for the adverse action. In many cases, direct evidence, such as an employer admitting they acted with intent, can be used as proof. Circumstantial evidence, such as suspicious timing for a demotion or being passed over for a promotion, can be used as evidence.

What Qualifies as Pregnancy Discrimination?

Treatment or adverse actions that qualify as pregnancy discrimination include:

• Wrongful termination based on a pregnancy
• Pay cuts
• Being moved to a lower-ranked and lower-paying job
• Having important tasks taken away

Denial of reasonable accommodations, such as allowing frequent breaks for food or rest, is also discrimination. It is crucial to collect evidence of these for a potential claim.

What Types of Employers Do Pregnancy Discrimination Laws Apply To?

Employers with 15 or more employees are required to comply with federal pregnancy discrimination laws, such as the Pregnant Worker Fairness Act. California-specific laws, such as FEHA, apply to employers with five or more employees. These laws apply to all types of companies, from retail and insurance to restaurants and more.

Contact a Pregnancy Discrimination Lawyer

If you have suffered discrimination at work because of a pregnancy, you need to contact Clark Employment Law, APC. We can go over the details of your case and determine how to proceed.