- Pregnancy discrimination in the workplace is a serious issue that affects many women across the United States. It happens when an employer treats an employee unfairly because of pregnancy, childbirth, or related medical conditions.
What Is Pregnancy Discrimination?
This type of discrimination occurs when an employer treats an employee unfairly due to pregnancy or related medical conditions. Federal and state laws, such as the Pregnancy Discrimination Act (PDA), prohibit this type of discrimination. Under these laws, employers must not:
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Firing an employee solely because of pregnancy
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Denying reasonable accommodations to pregnant employees
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Harass employees
Title VII of the Civil Rights Act of 1964 prohibits discrimination and applies to all employers with 15 or more employees.
How Does the Discrimination Manifest?
The discrimination against pregnant women reveals itself through multiple expressions. Common examples include:
- Being fired as a consequence of pregnancy is an illegal act, according to labor laws.
- Employers have to supply temporary adjustments comprising lighter duties and more frequent breaks as pregnancy accommodation when employees require them.
- An employer might violate the law by giving different work treatment to pregnant female employees than they do to workers recovering from surgery or other temporary disabilities.
Pregnancy Discrimination in California: State Laws
The state legislature of California provides supplemental legal safeguards that shield pregnant employees at work. Under the California Fair Employment and Housing Act (FEHA), workers cannot experience discrimination because of their pregnancy status, childbirth needs, or medical conditions related to both. Under FEHA, employers must: Companies need to establish acceptable modifications of work requirements and work hours to help pregnant workers.
Female employees should never face work discrimination because of their pregnancy or health conditions related to childbirth. Workers in California qualify for paid family leave benefits when caring for their newborn babies during pregnancy and post-birth periods.
What to Do If You Experience Pregnancy Discrimination
You should follow this procedure when you think your employer has committed pregnancy discrimination against you:
- Write down every discriminatory situation along with all instances of employer comments that discriminate against pregnancy.
- Personalize your evidence by providing exact times and specified dates, as well as detailed information.
- You should file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). The claims under investigation can lead the agencies to pursue legal actions on behalf of the victim.
- Contact a lawyer when pregnancy discrimination occurs because lawyers will interpret your legal protections.
To learn more about how we can assist you, visit our Employment Law Services page.
Can I Sue for Pregnancy Discrimination?
You possess legal grounds for seeking a lawsuit against an employer who mistreats you because of pregnancy. You could be entitled to:
- Employers who discriminate against pregnant workers must pay compensation for wages lost along with distressful emotional experience.
- Punitive damages become available to you when your employer displays malicious intent.
- A victim of unfair termination before or after pregnancy can return to their former position.
- Before obtaining a lawsuit victory, you must have strong evidence to support your case. Assembly of all evidence related to your case should include emails and text messages together with witness statements.
How to Prove Pregnancy Discrimination
Your evidence must demonstrate how your employer provided unfair treatment because you were pregnant when you attempt to show pregnancy discrimination at work. Key evidence includes:
- The evidence of pregnancy discrimination appears in written materials when your employer sends discriminatory communications through emails or letters.
- The statements provided by other observers are referred to as witness testimony when they demonstrate discriminatory workplace actions.
- Medical documentation serves as evidence that you communicated with the employer about your pregnancy and were denied reasonable accommodation requests.
- The collaboration with a skilled attorney supports the collection and presentation of essential evidence.
What Happens After You File a Complaint?
The agency starts a case investigation after receiving a complaint from either the EEOC or DFEH. The process may involve:
- During their initial investigation, the agency collects evidence while interviewing witnesses to confirm claim validity.
- The agency will use mediation as its first step to solve the issue by allowing parties to work together toward an agreed resolution.
- Mediation failure allows you to proceed with a lawsuit in court..
If you believe an employer discriminated against you due to pregnancy, contact an attorney. KAASS LAW can guide you through the process.
How to Prevent Pregnancy Discrimination in the Workplace
Organizations should implement various measures to abstain from this type of discrimination.
- Training managers, along with HR personnel, should receive instruction about discrimination laws that pertain to pregnancy.
- The organization should establish policies that support pregnant workers while developing fair treatment systems.
- The workplace should have an inclusive environment that enables staff members to speak about pregnancy needs without hesitation.
These precautions enable both the protection of employers from legal conflicts while providing necessary support to expectant workers.
Hire Experienced Attorneys Today!
Pregnancy discrimination is illegal, and if you’ve experienced it, it’s essential to take action. Document incidents, file a complaint, and seek legal counsel to protect your rights.
At KAASS LAW, we are dedicated to helping employees who face workplace discrimination. If you’ve experienced pregnancy discrimination, we can provide the expert legal counsel and representation you need to fight for justice.
For more information about our employment law services, visit our California Employment Law Services page. Contact us today for a consultation. For additional details about pregnancy discrimination laws, check out the U.S. Equal Employment Opportunity Commission’s Guide.