Pregnancy Discrimination Attorney in Los Angeles
We specialize in helping women dealing with pregnancy related harassment, discrimination, or termination.
We are here to help and support you. Pregnancy is a notable time in any woman’s life. Unfortunately, many women continue to be afraid to even tell an employer about their pregnancy. And, they have reason to be afraid. We all know that pregnancy discrimination is wrong and illegal and there are many websites that say that. Our role is to help you navigate this stressful situation and prosecute your rights in an effective way.
Employers are not just looking to discriminate or retaliate against you; they are looking to get away with it. A combination of evidence is required to show that your employer is motivated by an illegal bias relating to your pregnancy rather than a legitimate business reason. Please do not be intimidated by your employer’s effort to try to CYA by acting passive aggressively or covertly to argue that this was nothing more than an at-will termination. We exclusively focus on employee rights. We have the legal tools and binding precedent you need to successfully show otherwise.
What is Pregnancy Discrimination?
The first step of fighting pregnancy discrimination is identifying it. There are laws that protect you from pregnancy discrimination including the Pregnancy Discrimination Act (“PDA”), which prohibits demotion, termination, and other forms of discriminatory treatment that an employer may come up with.
The PDA also protects you from discrimination on the basis of “pregnancy, childbirth or related medical conditions.” If your employer discriminates against you because of health issues unique to pregnancy such as high blood pressure, gestational diabetes, preeclampsia, and hyperemesis gravidarum, among others, then you are covered by the PDA in addition to other laws. There are multiple federal and state laws that are tailored to protect you depending on your situation and health status after pregnancy and childbirth including the Americans with Disabilities Act (“ADA”). In addition to pregnancy discrimination, you may have additional claims such as disability discrimination and failure to accommodate.
Under California law, it is also illegal for an employer to deny pregnancy related leave or to implement leave policies related to pregnancy or pregnancy related conditions that are less generous than policies that apply to other health issues.
What is an Example of Pregnancy Discrimination?
This is not a complete list of all examples of pregnancy discrimination because employers find creative ways to discriminate against women and come up with fake “legitimate reasons” to distract from their illegal behavior as their imagination allows. We encourage you to at least seek a free consultation with an attorney to help you understand the situation. Some examples of discriminatory behavior may include:
- The employer refuses to approve medical accommodations related to your pregnancy such as a modified work schedule, weight restrictions, etc., requested by your medical provider. Discriminatory intent may also be apparent if this same employer provides similar accommodations to most non-pregnant workers who asked for a modified work schedule due to health issues or for other personal reasons.
- While you are on pregnancy leave, your employer must hold your position open for you to return to in the same manner as the employer holds jobs open for employees on sick or disability leave for other reasons. If your employer refuses to hold your position open or reinstate you, you may have a disability claim.
- An employer cannot require a pregnant employee to take pregnancy disability leave at a pre-determined time and for a pre-determined period of time without regard to your actual needs. In other words, your employer cannot force you to take pregnancy leave prematurely when you can continue working.
- The employer cannot deny work or advancement opportunities because your employer fears that you may not return to work after pregnancy leave or that you will not be as effective.
- Ongoing harassment or retaliatory treatment making work conditions intolerable to force you to quit.
- You are needlessly included in a layoff or downsizing:
“An employer’s freedom to consolidate or reduce its work force, and to eliminate positions in the process, does not mean it may ‘use the occasion as a convenient opportunity to get rid of [protected] workers.’ Invocation of a right to downsize does not resolve whether the employer had a discriminatory motive for cutting back its work force, or engaged in intentional discrimination when deciding which individual workers to retain and release.” Kelly v. Stamps.com Inc., (2005) 135 Cal.App.4th 1088, 1098.
How Do You Prove Pregnancy Discrimination?
You can prove pregnancy discrimination by relying on both direct and circumstantial evidence.
- You must show that the employer was aware of your pregnancy, and/or intent to take maternity leave and/ or related medical condition. Your credible testimony is evidence. However, employer seeking to evade liability may not be inclined to tell the truth. Hence, it would be helpful to have an email or text notifying your employer of pregnancy either from you, your doctor, or another person acting on your behalf. While written correspondence is not required under the law, it is very helpful to you. Alternatively, knowledge may me imparted by the circumstances. For example, if your baby bump was visible.
- You can prove pregnancy discrimination by relying on direct evidence. An example of direct evidence of discriminatory intent in a pregnancy discrimination case is generally an admission by a supervisor or decision makers that you were terminated or mistreated because of your pregnancy. If you do not have such evidence, you may still prove your case.
- In addition to the above, evidence undermining the credibility of your employer’s stated reason for termination is also relevant.
- Other victim evidence. Has your employer mistreated other women due to pregnancy or pregnancy related medical conditions in the past?
- A pattern of harassment and negative treatment after you disclosed your pregnancy intended to force you to quit.
- Employer’s efforts to solicit negative feedback about you or portray you as incompetent despite a track record of good performance due to negative bias towards your pregnancy.
A combination of evidence is required to show that your employer is motivated by an illegal bias relating to your pregnancy rather than a legitimate business reason. We therefore dedicate a lot of time to each case because the devil is in the details.
How Much Can I Sue for Pregnancy Discrimination?
There is no specific maximum or minimum on how much you can sue or confidentially settle pregnancy discrimination and related claims. Pregnancy discrimination and retaliation cases, depending on the severity and the work done by your attorney, may be resolved in the millions or in the low five-figure ranges in Court or out of Court.
These cases may be resolved without a lawsuit being filed through pre-lawsuit severance negotiations. If your employer presented you with a severance package after mistreating you because of your pregnancy, please do not attempt to negotiate on your own. Rather, please contact a pregnancy discrimination attorney at the very least for a confidential consultation. This is because a severance agreement is an offer of money in return for something; specifically in return for a release of legal claims. The negotiations that will follow will concern the value of your specific pregnancy discrimination claims.
Many cases are also resolved through settlement after a lawsuit is filed or they are resolved through a judgement if the case is litigated to conclusion. Generally, a lawsuit has a liability phase and a damages phase. First, is the liability phase. In this phase, you have to show that the employer violated the law; that the employer discriminated, harassed, or retaliated against you because of pregnancy or pregnancy related medical condition, etc. See examples of pregnancy discrimination and retaliation below.
Then follows the damages phase. In this phase, you have to show how you suffered and what you lost. You also have to show the value of that suffering and loss. Because the outcome in pregnancy discrimination cases can vary widely, it is important to work with a pregnancy discrimination lawyer that can help identify damages and the necessary steps on how to prove those damages. Did you lose your salary because of pregnancy discrimination? Did you lose your benefits such as retirement or health benefits? You are entitled to the value of both past and future economic damages. Did you suffer emotional distress because of pregnancy discrimination, such as anxiety, depression, humiliation, and/or other manifestations of suffering? How long and severe are these symptoms? You are similarly entitled to both past and future emotional distress damages. Because harassment due to pregnancy can have lasting health effects, outcomes can be substantial.
We successfully pursue full damages for our clients. A free and confidential consultation may help you decide whether the time and effort in pursuing either a severance negotiation or other avenues for relief.
How Long Does it Take to Settle a Pregnancy Discrimination Lawsuit?
It depends on your goals. Some clients either need or prefer a confidential settlement sooner rather than later. In these situations, a matter may be resolved within months. Other clients are either willing to wait or there are circumstances present that require them to wait. It also depends on the willingness of your employer to negotiate and the circumstances of your situation. Our role is to fulfill your goals and tailor a strategy after extensively listening to you, reviewing all information that you provide, and moving forward with a strategy you feel confident in.
Compassionate. Effective. Legal Representation.
If you were harassed, subject to a hostile work environment, discriminated, retaliated or mistreated because of your pregnancy or related medical conditions, please reach out to us. We welcome the opportunity to help, listen, and provide guidance and resources. We offer free legal consultations and endeavor to respond to every genuine person promptly.
Our Nearby Courthouses:
Beverly Hills Courthouse
9355 Burton Way
Beverly Hills, CA 90210
Santa Monica Courthouse
1725 Main St
Santa Monica, CA 90401
