Federal and California state laws explicitly prohibit pregnancy discrimination in the workplace. Still, many women employees report experiencing this type of discrimination when they continue to work during their pregnancy. If you find yourself in such a situation and your employer fails to ensure that you can work in a safe, non-hostile work environment, you may have to take legal action. Search online for “pregnancy discrimination lawyers Los Angeles” to find a competent lawyer.
Five things to know about pregnancy discrimination
Before hiring one of the top pregnancy discrimination lawyers Los Angeles based women employees need to know the following things:
1. What constitutes pregnancy discrimination
You need to know what constitutes pregnancy discrimination to provide proof of discrimination against your employer. Legally, it is the employer’s responsibility to stop discriminatory workplace acts. So, even if your co-workers were responsible for the discrimination, your employer will be held legally liable for allowing it to continue. Here are a few examples of behaviors that can constitute pregnancy discrimination:
• The employer refuses to hire or fire you because of your pregnancy or the possibility that you might get pregnant.
• The employer does not make reasonable accommodations to make it more convenient for you to work during pregnancy.
• The employer refuses to give you a well-deserved promotion or salary raise because of your pregnancy.
• The employer excludes you from training programs and meetings that you are capable of attending, citing your pregnancy as a reason.
• The employer does not take action against co-workers who make malicious or derogatory remarks regarding your figure or weight during your pregnancy.
• The employer refuses to let you take time off from work for pregnancy-related health check-ups, medical issues, and childbirth.
• The employer does not offer maternity leave and refuses to keep your position available for you afterward.
2. The employment laws covering pregnancy discrimination
The first step in protecting your legal rights as an employee is to get acquainted with the federal and state laws regarding pregnancy discrimination.
• The Fair Employment and Housing Act: A California state law, this act makes it illegal for employers to discriminate against or harass pregnant women employees. They cannot bother them in any way on any matters related to pregnancy, childbirth, and breastfeeding.
• The Pregnancy Disability Leave Law: This is a California state law that makes it mandatory for employers to make reasonable accommodations for pregnant women employees who suffer from morning sickness, postpartum depression, or other pregnancy-related conditions. If the employees need to take leave from work to deal with these issues, the employer must allow it.
• The Pregnancy Discrimination Act: Title VII of the United States Civil Rights Act contains this federal law, and it forbids employers from discriminating against their pregnant women employees.
• The Fair Labor Standards Act: As per this federal law, employers need to allow rest breaks to pregnant women employees. After birth, they must make reasonable space accommodations for the women employees to nurse their babies. They cannot cut the employees’ wages or take action against them for availing of these breaks.
3. How your company’s size makes a difference
The California Department of Fair Employment and Housing (DFEH) has jurisdiction over businesses with five or more employees. If your company has four or fewer employees, you cannot file a pregnancy discrimination claim with the DFEH. However, you have the option of running an online search for “pregnancy discrimination lawyers in Los Angeles” to get expert legal representation.
4. The leave time you can legally take
The Family and Medical Leave Act (FMLA) of 1993 allows you to take up to 12 weeks of leave after you give birth or adopt a child. Men can take paternity leave to care for their children. The employer cannot fire you, but whether the leave is paid or unpaid depends on the company policy.
5. Pregnancy discrimination lawyers can be affordable
When you search online for “pregnancy discrimination lawyers in Los Angeles,” review the lawyer’s educational qualifications, state license, work experience, and client testimonials. Many pregnancy discrimination lawyers offer a free initial consultation and may be willing to take your case on a contingency basis. That means you need to pay them only after they win the case for you.
