The workplace should be a realm of equal opportunity and fairness, yet, unfortunately, pregnancy discrimination remains a prevalent issue. Understanding when and why to seek the guidance of a pregnancy discrimination attorney is crucial for those facing unfair treatment due to pregnancy.
This blog delves into the nuances of pregnancy discrimination and the legal pathways available to combat it. Contact PLBH at (800) 435-7542 for a free legal consultation.
Recognizing Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats a pregnant employee or job applicant unfavorably because of their pregnancy. This form of discrimination can manifest in various ways, including firing, harassment, denial of promotions, reduced pay, demotion, refusal of reasonable accommodations, and retaliation for asserting one’s rights. It’s a violation of federal law under the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, adding pregnancy to the law’s protected classes.
When to Consult a Pregnancy Discrimination Lawyer
If you suspect you’ve been unfairly treated because of your pregnancy, it’s advisable to consult a pregnancy discrimination lawyer. Many employers may not fully understand the applicability of state and federal anti-discrimination laws to pregnant workers. In some cases, employers may discriminate, weighing the perceived costs of accommodating a pregnant worker against the risk of legal consequences.
The signs of discrimination can be subtle, especially in decisions like not hiring or bypassing for a promotion. If you’ve experienced any form of adverse employment action due to your pregnancy, reaching out to a lawyer can help you understand and invoke your rights.
What a Pregnancy Discrimination Attorney Can Do
A skilled pregnancy discrimination attorney can assist you in various ways. They can initiate an investigation into your employer’s policies and gather evidence regarding your experience. This may involve speaking with coworkers, uncovering company policies, and identifying patterns of discrimination within the workplace.
If you decide to take legal action, an attorney can draft a demand letter to your employer, outlining the discrimination and demanding cessation of such actions. If the situation isn’t resolved, the attorney can help you file a complaint with relevant agencies like the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency. These agencies will investigate the case, and depending on the outcome, they may pursue the case on your behalf or issue a right to sue notice.
Understanding California’s Legal Framework
In California, pregnancy discrimination law provides even more robust protections than federal law. The California Fair Employment and Housing Act (FEHA) prohibits sex and gender discrimination, including pregnancy-based discrimination. To establish discrimination under FEHA, several criteria need to be met, such as proving that pregnancy was a substantial motivating factor for the adverse employment action.
Additionally, California law requires employers to provide reasonable accommodations for disabilities caused by pregnancy. State-specific laws like the Pregnancy Disability Leave Law (PDL), the California Family Rights Act (CFRA), and the California State Disability Insurance (SDI) program offer various forms of leave for pregnancy-related conditions and baby-bonding.
If facing discrimination in California, escalating the case may involve filing a complaint with the California Civil Rights Department (CRD) and potentially filing a lawsuit in California Superior Court.
For legal assistance and guidance on pregnancy discrimination matters, reach out to PLBH at (800) 435-7542. Our experienced team is dedicated to protecting your rights and ensuring fair treatment in the workplace. Remember, taking timely action is crucial in addressing and resolving such discrimination effectively.