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What is the Process for Pursuing a Pregnancy Discrimination Claim?

What is the Process for Pursuing a Pregnancy Discrimination Claim?

While the federal laws and the employment laws in California are strict about prohibiting workplace discrimination, many women employees report pregnancy discrimination as a real issue they face in their workplaces. If you are in such a situation, your employer has failed in its legal obligation to guarantee a safe, non-hostile environment for all employees. In that case, you have every right to file a lawsuit against them. Searching online for “pregnancy discrimination lawyers Los Angeles” will point you toward a competent lawyer in your area.

What is the process for pursuing a pregnancy discrimination claim?

The process for pursuing a pregnancy discrimination claim is as follows:

  • Establish that you have a legitimate case against your employer

You may have a legitimate case against your employer if you have experienced any of the following:

• Your employer has been fired from your job because of your pregnancy.

• Your employer refuses to give you a deserved promotion or salary raise on account of your pregnancy.

• Your employer excludes you from meetings, training programs, or outings on account of your pregnancy.

• Your employer and co-workers have made unpleasant comments related to your pregnancy.

• Your employer and co-workers have refused to make reasonable accommodations to make your work life easier during your pregnancy.

• Your employer refuses to permit reasonable time off from work for pregnancy-related health check-ups, treatment for medical issues, or recovering from childbirth.

• Your employer refuses to grant you maternity leave or keep your position open while you are away.

  • Know your legal rights under the federal and state employment laws

The following laws offer you protection against pregnancy discrimination:

• The Pregnancy Discrimination Act: Included in Title VII of the United States Civil Rights Act, this federal law prohibits workplace discrimination against pregnant women employees.

The Fair Labor Standards Act: As per this federal law, pregnant women employees must get reasonable breaks and private space accommodations to breastfeed their babies. The employer cannot retaliate against them or cut their wages for taking these breaks.

• The Fair Employment and Housing Act: This California state law forbids workplace discrimination or harassment against women employees for pregnancy, childbirth, and breastfeeding.

• The Pregnancy Disability Leave Law: This California state law required employers to make reasonable accommodations for their women employees for various pregnancy-related health issues.

  • Be proactive about protecting your legal rights in the workplace

Once you know your legal rights in the workplace, you need to make sure that your employers and co-workers know about these too. You can do the following:

• If your co-workers discriminate against you, inform them about the laws they are violating.

• Gather relevant evidence of the discrimination.

• Talk to your manager and let them know that you are experiencing pregnancy discrimination in the workplace.

• If your employer fails to take appropriate action to stop the discrimination, file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

• Search online for “pregnancy discrimination lawyers Los Angeles” and get legal representation.

  • Hire a pregnancy discrimination lawyer to represent you

While you can find a lawyer by running a search for “pregnancy discrimination lawyers Los Angeles,” you need to do the following before you hire one:

• Check their credentials to ensure that they have passed the bar exam and have the license to practice law in California.

• Find out about their legal experience to see if they have handled cases similar to yours.

• Read online reviews and testimonials to know if their past and current clients have mostly positive opinions of their legal services.

• Email or phone their office to arrange for an initial consultation.

• Inquire if they offer a free initial consultation to assess your case.

• During the consultation, inquire about their legal fees. If they accept cases on a contingency basis—they receive payment only if they win the case—ask about any additional legal expenses that you might have to foot.

• Aside from being competent, assess if the lawyer comes across as empathetic, dependable, and genuinely interested in helping you. Since lawsuits rarely get resolved overnight, you may need to see a lawyer regularly for a while. In that case, you will be better off hiring someone with whom you can get along well.