Pregnancy discrimination in the workplace is a serious issue that can affect the health, career, and well-being of expecting employees. Knowing your legal rights and the steps to take if you experience pregnancy discrimination is essential.
This blog outlines the protections available to pregnant employees in Southern California and provides guidance on addressing discrimination. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding Pregnancy Discrimination
What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employee is treated unfavorably due to pregnancy, childbirth, or related medical conditions. This can include:
- Hiring Practices: Not hiring someone because they are pregnant or may become pregnant.
- Promotion Denial: Passing over a qualified employee for promotion due to pregnancy.
- Termination: Firing an employee because they are pregnant.
- Harassment: Making derogatory comments or creating a hostile work environment due to pregnancy.
Legal Protections
In Southern California, employees are protected by several laws against pregnancy discrimination:
- Pregnancy Discrimination Act (PDA): A federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- California Fair Employment and Housing Act (FEHA): Provides broader protections, ensuring that pregnant employees are treated fairly and can continue working.
- Family and Medical Leave Act (FMLA): Allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons, including pregnancy and childbirth.
- California Family Rights Act (CFRA): Offers similar protections to the FMLA but with some additional benefits specific to California employees.
Recognizing Pregnancy Discrimination
Common Signs
Pregnancy discrimination can be overt or subtle. Common signs include:
- Unjustified Negative Performance Reviews: Receiving poor evaluations without valid reasons during or after pregnancy.
- Exclusion from Projects: Being left out of important projects or meetings due to pregnancy.
- Denial of Reasonable Accommodations: Refusing necessary accommodations such as modified work schedules or light-duty assignments.
- Pressure to Resign: Encouraging or forcing an employee to resign due to pregnancy.
Documenting Incidents
To build a strong case, it’s crucial to document any incidents of discrimination:
- Keep Records: Save emails, messages, and documents that indicate discrimination.
- Take Notes: Write down dates, times, and details of discriminatory actions or comments.
- Gather Witnesses: Identify colleagues who may have witnessed the discrimination.
Steps to Take if You Experience Pregnancy Discrimination
Report the Discrimination
Inform your employer about the discrimination. Many companies have procedures in place for handling such complaints:
- Follow Company Policy: Use the company’s formal process for reporting discrimination.
- File a Complaint: Submit a written complaint to your HR department or manager.
Seek Legal Advice
Consulting with an experienced employment lawyer is crucial. A lawyer can:
- Evaluate Your Case: Assess the validity and strength of your claim.
- Guide You: Advise you on the appropriate steps and legal options.
- Represent You: Advocate on your behalf in negotiations or in court.
File a Claim
If internal reporting does not resolve the issue, you may need to file a formal claim:
- Equal Employment Opportunity Commission (EEOC): File a charge of discrimination with the EEOC within 300 days of the incident.
- California Department of Fair Employment and Housing (DFEH): File a complaint with the DFEH within one year of the incident.
Compensation and Remedies
If your case is successful, you may be entitled to various forms of compensation, including:
- Back Pay: Compensation for lost wages and benefits.
- Front Pay: Compensation for future lost earnings if reinstatement is not possible.
- Emotional Distress: Damages for mental anguish and suffering.
- Punitive Damages: Additional compensation to punish the employer for egregious conduct.
- Legal Fees: Reimbursement for attorney’s fees and legal costs.
Preventing Pregnancy Discrimination
Employer Responsibilities
Employers can take several steps to prevent pregnancy discrimination in the workplace:
- Training: Conduct regular training sessions on pregnancy discrimination and related laws.
- Clear Policies: Implement and enforce clear anti-discrimination policies.
- Inclusive Practices: Promote a culture of inclusion and respect for all employees, regardless of their pregnancy status.
Employee Awareness
Employees should be aware of their rights and the signs of pregnancy discrimination. Staying informed and vigilant can help create a safer work environment.
Contact PLBH for Legal Assistance
If you believe you have been a victim of pregnancy discrimination in the workplace, it’s essential to seek legal help. At PLBH, our experienced employment lawyers are dedicated to fighting for your rights and ensuring you receive the justice you deserve.
Contact us today at (800) 435-7542 to schedule a consultation and discuss your case. Let us help you navigate the complexities of pregnancy discrimination laws and work towards a favorable outcome.