When you are pregnant and waiting for the arrival of your child, you have so many exciting things to think about. For any mothers and couples who are having a planned pregnancy, this is a time to celebrate with your loved ones and prepare as your family grows. Unfortunately, there are employers who do not share this same excitement and will work to make life harder for their pregnant employees. Despite employment law protecting pregnancy rights, some expecting mothers can face harassment or discrimination from their employers. Fortunately, there are steps you can take if you are pregnant in the workplace and your employer is failing to follow regulations and offer concessions to accommodate your pregnancy.
If you are pregnant or have recently been pregnant and have experienced workplace harassment or changes in your employment, workplace environment, job description, or any other aspect of your job, you may be able to file a claim under California discrimination law. With the help of an employment law attorney, you can get compensation for the wrongs committed against you.
At MM Law, APC, we have ample experience working with clients throughout California to resolve employment law claims like pregnancy discrimination and are standing by to help you navigate the judicial system to get you the settlement you deserve. Whether you are facing wrongful termination, promotion discrimination, or other unfair treatment as a result of your pregnancy, we know how to build a strong case and bring the issue to court.
MM Law, APC, understands that our clients are coming to us for assistance during a difficult time when they must confront challenges such as being the victim of wrongful termination, workplace harassment, or discrimination. During a pregnancy discrimination claim, our clients are not only dealing with legal matters but also the upcoming birth of their child.
That is why at MM Law, APC, we offer our clients the compassion, experienced guidance, and skilled advocacy they need. Our eyes are always on our clients’ best interests, and we pride ourselves on our ethical values and doing what is right for our clients in their pregnancy discrimination case.
There are many different forms of discrimination. Discrimination occurs when one person or a group of people are treated unfairly or differently because of a specific trait. These traits can include the individual’s
Pregnancy discrimination occurs when someone treats or mistreats a pregnant person solely because they are pregnant. There are a number of different ways pregnancy discrimination can unfold in the workplace. An employer may decide to deny a promotion to a deserving employee for a new position simply because they are pregnant. It is also discriminatory to leave pregnant individuals out of important workplace discussions like meetings, memos, or other essential information that they need to properly do their jobs. They may even fire a pregnant employee just because they are pregnant.
Pregnancy discrimination can occur before a pregnant individual is hired. An employer may put pregnant individuals lower on the list of candidates due to their pregnancy. They may outright refuse to hire a qualified applicant for a position because they are pregnant.
It is also pregnancy discrimination to treat pregnant individuals differently because of their views about children, pregnancy, and their life plans regarding children and their desire to become parents.
Pregnancy is protected under the law and is also a private topic for you and your family. Your decisions around pregnancy are yours and your family’s to make, and there is no reason for an employer or manager to be involved in your pregnancy journey, whatever it may be. If you are dealing with an employer or manager who is treating you differently because you are pregnant, the team at MM Law, APC, is standing by to make sure you secure the rights and compensation you deserve.
Unfortunately, even if you have faced pregnancy discrimination and harassment in the workplace, it can be difficult to prove pregnancy discrimination in a court of law. While there are laws in place to protect pregnant individuals against discriminatory practices, many employers will find underhanded ways or false excuses to treat a pregnant individual differently. For example, an employer may look for reasons other than your pregnancy to pass you up for a promotion. They may also falsely blame your performance when firing you to avoid showing that they are clearly discriminatory. Because of this, you will need a trained attorney in Glendale, CA familiar with the best methods of finding evidence to build a convincing argument in your pregnancy discrimination case.
Also, by hiring a pregnancy discrimination attorney, you can have time to prepare your family for your baby’s arrival while getting the rest you need. Your attorney can handle the details of your discrimination case. MM Law, APC, is here to help you build a strong pregnancy discrimination case to help you win the settlement that you deserve.
According to the Pregnancy Discrimination Act of 1978, it is illegal to discriminate based on pregnancy, childbirth, or related medical conditions. This means that there are federal protections in place to protect you during your pregnancy from wrongful termination and harassment.
California law also offers specific protections to pregnant individuals through a variety of regulations. In the state of California, you have the right to parental leave, which is often seen as a period of paid leave parents can take after the birth of their child. However, this leave can also be exercised in other ways.
Pregnant individuals legally have the right to take up to 4 months off that they can use both during their pregnancy and after childbirth. Typically, this leave is in place to assist pregnant individuals dealing with morning sickness, pregnancy pain, prenatal and postnatal medical appointments, or to spend quality time with their newborn. Even if an employer is not required to pay the pregnant individual for this entire time, they cannot alter their employment status in any way.
Another important right for pregnant individuals is the right to reasonable accommodation. An employer might not necessarily need to heavily alter your responsibilities, but they must make small changes to accommodate a pregnant individual’s situation if it is requested of them. These accommodations could include providing a pregnant individual with a chair during meetings, giving a mother who has just had a child the time during the day to pump breast milk if required, or assisting with making sure the pregnant individual has access to whatever other medical needs they may have.
Any violations of these rights are illegal and grounds for a pregnancy discrimination suit. It is therefore important to be aware of your rights and document any potential mistreatment or actions violating them.
Finding tangible proof of pregnancy discrimination can be difficult, so catching an employer in the act of pregnancy discrimination is the first and most important step towards building your case. And even if your employer is actively working to undermine your rights with tactical misinformation, there are steps you can take to increase your chances of proving your case.
If you believe you have undergone pregnancy discrimination at your workplace, be sure to keep a close log of any written examples where discrimination seems apparent. Retain any emails, letters, memos, or other paper trails where discriminatory evidence can be seen. Once you bring this evidence to your Glendale pregnancy discrimination attorney, they can begin to assemble this evidence in a way that will best present the facts that are most relevant to your case.
Also, if you have conversations with your employer about your pregnancy or employment status, be sure to take notes on the times and topics of these conversations to support a clear timeline of events. It also helps to follow up with an email detailing what you discussed in person. This way, you can strengthen the trail of evidence for your attorney to use.
If you can gain access to it, your employment file will also be helpful in proving discrimination. Typically, if you are being fired, your file should have notes from management detailing your work performance. It should also include any highlights or hiccups you have been experiencing in the workplace.
Typically, in the case of pregnancy-related wrongful termination or discrimination, your file will have no negative notes to validate a decision to terminate your employment or pass you up for a promotion. If your file does not contain any such information, your employer cannot legally fire you for behavioral issues. This makes it clear that they are discriminating based on your pregnancy status and can help build more evidence for your pregnancy discrimination case.
Another way to build specific evidence of discrimination regarding a promotion is to ask for a written explanation of what you can do better. In cases of discrimination, the employer’s reasoning or suggestions will come across as illegitimate or halfhearted. This is a clear indication that the real reason for the denied promotion was discrimination.
There is no singular way to prove pregnancy discrimination. However, the best thing that you can do is retain all correspondence during the time of your pregnancy, just in case it becomes helpful during the process.
A: Pregnancy discrimination is the unfavorable treatment of an individual, whether as an applicant or employee, in any aspect of employment, including
If you have been a victim of any of these, you have the right to file a claim based on pregnancy discrimination.
A: California law protects employees against harassment and discrimination due to an employee’s childbirth, pregnancy, or other related medical condition. It is also illegal under California law for employers to interfere with or deny an employee’s pregnancy-related employment rights. These can include the right to reasonable accommodations and allowing time to tend to medical needs.
A: You could win your pregnancy discrimination case by proving that you were denied employment, demoted, terminated, or harassed due to your pregnancy. You may also be able to win if you were denied the maternity or pregnancy leave that you were entitled to, or your employer retaliated against because you requested it.
We are aware that choosing an attorney is a big decision and that you have a wide selection to choose from. We aim for excellence at MM Law, APC in every facet of our profession. Our practice is very important to us, and we strive to give our clients the best care possible. When we take your case, we are always guided by our values and standards:
We strive to exceed your expectations in all facets of your case by adhering to these essential values.
If you are currently experiencing or have experienced discrimination at your workplace due to your pregnancy, we are here to help. We are always ready to talk with potential clients to see if we can help right a wrong. We welcome the opportunity to meet with you and earn your trust. Consultations are completely confidential. We accept cases all over California.
For more information about our firm, or how we can support you during your pregnancy discrimination case, contact MM Law, APC, online today.