In California, there are legal protections for pregnant women that help prevent pregnancy discrimination at work. State and federal laws require that employers provide reasonable accommodations for pregnancy and related medical conditions, and that they don’t treat pregnant employees in any type of discriminatory manner.
If you were fired while pregnant or suffered adverse effects at work because of your pregnancy, you may be entitled to begin a lawsuit. With help from an Oakland pregnancy discrimination attorney, you can seek the compensation and justice you deserve for the discrimination you have suffered.
Here’s a closer look at pregnant workers’ rights and employment discrimination in California.
Recognizing the Warning Signs of Pregnancy Discrimination in the Workplace
The Pregnancy Discrimination Act (PDA) is a powerful piece of legislation that amends the Civil Rights Act of 1964, prohibiting discrimination in the workplace based on sex, childbirth, or related medical conditions. The PDA applies to employers with 15 or more employees.
Under these federal laws, employers must treat pregnant employees exactly as they would any other temporarily disabled employee. That is because pregnancy and pregnancy-related conditions could be considered an actual disability under the Affordable Care Act.
California offers strong protections under state law, too. The California Fair Employment and Housing Act (FEHA) prevents employers with five or more employees from demoting, firing, harassing, or refusing to hire pregnant workers.
One of the first things that an Oakland pregnancy discrimination attorney will recommend is to learn what signs could be pointing toward discriminatory practices. There are many tactics that employers may rely on to discriminate against pregnant women.
For example, employers may see pregnancy as a hindrance to a worker’s productivity levels, so they might deny jobs to new mothers because they see them as financial liabilities. It’s possible for discrimination in the workplace to come from co-workers or lower-level supervisors, as well.
Some of the most common signs of pregnancy discrimination include:
- Diminished Inclusion: You may notice you are no longer included in important meetings or future project planning
- Decreased Responsibilities: Employers may reduce your workload without your request and without letting you know
- Changes in Performance Evaluations: This includes unwarranted drops in performance ratings to leave a paper trail employers can use to fire you later
- Inappropriate Comments: Coworkers or employers might encourage you to take less demanding roles or suggest you won’t come back after having the child
- Adverse Schedule or Role Changes: Employers may try to reduce your work hours, give you undesirable shifts, or dock your pay without reason
- Retaliation for Accommodation Request: You may suffer adverse effects for requesting reasonable accommodations
Often, women hesitate to speak out about these discriminatory practices because the other party’s actions or statements may come off as being helpful. It’s essential, however, for women to know their pregnancy discrimination legal rights in California so that they can pursue justice if they face adverse consequences just from being pregnant.
What Evidence Can Strengthen a Pregnancy Discrimination Case?
To be able to begin a pregnancy discrimination lawsuit in Oakland, you will need to gather a significant amount of evidence to prove that your rights were violated under the Pregnancy Discrimination Act and state laws like FEHA.
Direct evidence, in particular, is essential. This can include emails, texts, or memos that link adverse decisions, like demotion, to the pregnancy or maternity leave. Recorded statements can also help. If you have months of positive performance reviews and suddenly receive a negative one despite having done the same level of work, keep these reviews as evidence of discrimination.
Carefully watch how your employer treats other employees with medical conditions. If there is disparate treatment, then you could use that as evidence. It can help to prove pregnancy discrimination if you have witness statements, too. They paint a clear picture of how your California pregnancy discrimination legal rights were violated.
The Steps to Take After Experiencing Pregnancy-Related Workplace Discrimination
If you’ve been a victim of Oakland pregnancy workplace discrimination, it’s crucial to keep detailed records of all of the ways your rights were violated. If policy changes or unfair actions take place, make sure to keep a record of who was involved in making that decision, when it occurred, and what the excuse given for the action was.
Similarly, if you asked for reasonable accommodations and have not received them or have suffered adverse effects because of the request, you must submit a formal request that clearly states why you need the accommodations and that your previous request was not heeded.
Avoid handling discriminatory actions informally. Present official complaints to your human resources department and do so in writing. You have a right to request an investigation into the incident.
It’s a good idea to seek pregnancy discrimination legal help in these situations. An Oakland pregnancy discrimination lawyer will be able to gather evidence to support your claim under California law. They can fight to prove that your employer failed to meet their legal obligations.
In instances when your employer continues to discriminate or you’re forced out of your job, you should file a claim with a regulatory agency. You will need pregnancy discrimination legal representation for this step, too.
Filing a Pregnancy Discrimination Complaint and Meeting Important Deadlines
A workplace pregnancy accommodation lawyer can help you file your complaint correctly and on time. You must file via the Civil Rights Department within three years of having experienced the discriminatory act. If you pursue a case based on federal law, you will typically have 300 days to begin a claim.
Keep in mind that California has a work-sharing agreement with the Equal Employment Opportunity Commission, so filing via the state will mean filing federally, too.
Until this process takes place, you will not be able to begin a civil lawsuit because you must obtain a Right-to-Sue notice. You can then begin an Oakland pregnancy discrimination lawsuit. From the moment you obtain this notice, you have one year to file a civil claim.
You can request the Right-to-Sue notice immediately after submitting the complaint, or you can wait to have the Civil Rights Department investigate.
Compensation and Other Remedies Available in Pregnancy Discrimination Cases
If you have been a victim of illegal discrimination, a pregnancy accommodation dispute attorney can assist you in fighting for compensation. You may be entitled to back pay and lost employment benefits like overtime, bonuses, and health insurance coverage.
You could also receive front pay for future income loss if you cannot return to your employment and must seek out a new job. Until you find a position, you can be paid your salary.
It’s also possible to receive compensation for out-of-pocket expenses, as well as for the emotional anguish you may have experienced while going through a pregnancy discrimination claim.
In some cases of wrongful termination, reinstatement may be possible for eligible employees. You could return to your original position or to an equivalent role.
The court may order injunctive relief to prevent the employer from continuing the discriminatory practices. This can require the company to implement new policies. Re-training may be necessary for the people involved and their management team.
How Employers May Respond to Pregnancy Discrimination Allegations
Many employers may respond in a positive and helpful manner to allegations, assisting HR in investigating promptly. Too often, however, they will do everything possible to show that they did not discriminate against pregnancy or a pregnancy-related disability.
Your employer may try a few different types of pregnancy workplace discrimination defenses. They may claim that the adverse job consequences you suffered were not related to your pregnancy but were instead a result of poor work. If they did not provide reasonable accommodations or modified work schedules, they could claim the request would have caused their business undue hardship.
They might claim that not hiring an eligible employee because she was pregnant was not discriminatory treatment, but instead was the result of another candidate being more appropriate for the position.
How an Oakland Pregnancy Discrimination Attorney Can Help Protect Your Rights
If you faced discrimination in the workplace because of pregnancy or related health conditions, it’s vital to seek trusted pregnancy workplace discrimination support. Effective representation can assist you in understanding your rights under federal and state laws.
If you’re struggling to obtain pregnancy leave, for example, an attorney can help you seek up to four months of paid leave via Pregnancy Disability Leave and up to 12 weeks of baby bonding under the California Family Rights Act (CFRA).
If you decide to file a complaint and begin a legal process, your lawyer can fight for your rights along the way. They can gather evidence of the discrimination you suffered and address any retaliation you may suffer as a result of the complaint. An attorney will also be able to calculate your full losses so that you can obtain fair compensation.
At California Civil Rights Law Group, our team offers the comprehensive legal assistance you deserve. Contact us to schedule a free pregnancy discrimination case evaluation today.
