When you are expectant, you should concentrate on your health and your expanding family’s welfare rather than concern yourself with your job security. Regrettably, many women still have to endure unnecessary discrimination at their places of work during pregnancy. You may be politely edged out of the promotion, have disconcerting remarks about your changing body, or be fired. If you experience these, know that you have legal rights.
The federal Pregnancy Discrimination Act (PDA) prohibits such mistreatment, but this has not hindered the occurrence of this unlawful conduct in the workplace. California has the Fair Employment and Housing Act (FEHA), which protects pregnant workers.
If you want to learn specific measures you can take to pursue justice, retain a sexual harassment attorney. At Empower Sexual Harassment Attorneys in San Diego, we have experience representing workers facing discrimination and holding liable parties accountable.
Federal and State Laws Protecting You
When pregnant in California, you have a multi-layered legal system of federal and state laws to protect your employment. Understanding the laws that will work in your case and those that will be applied by whom is essential. Federal and state laws are the primary legislation, namely, the Pregnancy Discrimination Act (PDA) on the federal level and the Fair Employment and Housing Act (FEHA) on the state level.
The national standard begins with the PDA, an amendment to Title VII of the Civil Rights Act of 1964. It is used to put every employer who has 15 or more workers under a legal obligation not to discriminate against any individual based on pregnancy, childbirth, or other medical conditions. The Equal Employment Opportunity Commission (EEOC) is the federal organization responsible for probing PDA violations.
Nevertheless, California law usually provides more protection. FEHA, otherwise known as the Fair Employment and Housing Act, is a key anti-discrimination law in the state, as it applies to any employer with five or more employees. This implies that the number of businesses affected by these anti-discrimination regulations in California has increased.
In the FEHA, there is an explicit prohibition on any employer from taking adverse actions against you that are informed by the fact that you are pregnant or suffer from another related medical condition. Such legislation is a legal requirement for your employer to set up and ensure that decisions are put in place to help prevent discrimination and provide adequate means through which cases can be reported and addressed easily.
Common Types of Pregnancy Discrimination in California
Discrimination against pregnant mothers is the treatment you receive when the employer treats the mother differently due to pregnancy, childbirth, or any related health condition. Sometimes, this mistreatment is open and sharp; other times, it is hidden and covered under the title of legal business decision or performance-related matter. The initial stage of safeguarding your rights is acknowledging these actions in whatever form they manifest.
Wrongful Termination and Demotion
Among the most serious, or the worst, types of pregnancy discrimination is when a woman is terminated, demoted, or even reduced to fewer hours simply because she is pregnant. Your employer may not tell you immediately that your pregnancy is a reason. Instead, they can present the firing as a layoff, company restructuring, or due to some unexpected performance problems that have just surfaced out of the blue since you told them you were pregnant.
In an equal manner, you could also be reduced to a non-desirable role with lesser payment or less workload by the claim that your condition does not allow you to continue your former duties. Such acts are unlawful. Being pregnant cannot be a reason compelling anybody to fire you or change your position unfavorably.
Discriminatory Hiring Practices
The start of your right to be free of pregnancy discrimination lies long before you get to be an employee. An employer cannot legally reject hiring you on the grounds of being pregnant, on the expectation that you may become pregnant, or on the grounds of medical conditions that are a result of a previous pregnancy. This sort of discrimination may not be easy to identify.
Another example is that an interview may include an illegal question by a hiring manager focusing on your family plans, or questions like, “Do you have children?” An employer may also offer employment and withdraw the offer when they learn of your pregnancy. Provided that you are the best candidate to fill a slot in a company, this firm cannot deny the chance of securing the vacant position based on assumptions about future availability or commitment based on your pregnancy.
Denial of Promotion and Career Advancement
Pregnancy must never be an obstacle in your career. An employer cannot refuse you a promotion, a salary increase, or the possibility of getting professional training due to your pregnancy. This frequently occurs in an unsuspected manner. You may hear that you are a perfect candidate to be promoted, but the time is incorrect, or the new position would need a type of commitment they do not think you can afford when you are pregnant or are a new mother. Your boss cannot marginalize your career due to stereotyping or paternalistic ideas of what is better for you. If you qualify to advance, you should be treated equally like the rest of the employees.
Unequal Pay and Benefits
Your compensation and benefits package should not put your pregnancy at a disadvantage. An employer is not supposed to give you less pay than the other workers who do the same work, yet are pregnant. Also, your boss cannot shut you out of health insurance schemes or other benefits in the company. If your health plan includes different kinds of medical coverage, the plan should also cover maternity expenses and delivery costs. Your medical needs that are caused by pregnancy should be treated as any other temporary medical condition under what your employer offers in terms of benefits.
Pregnancy-Related Harassment
The right to work in an environment otherwise free of hostility and intimidation accrues to you. Employment discrimination due to your pregnancy is, by law, unlawful. This does not only concern isolated offhand statements. It consists of harsh or extensive behaviors that constitute an abusive or hostile place of work.
This might include continued, unacceptable “jokes” about your female form that is evolving, random (and undesired) comments regarding your pregnancy status, or derogatory remarks regarding your ability to perform by supervisors or colleagues. When you report such behavior, your employer must take speedy and constructive action to prevent it, legally.
Failure to Provide Reasonable Accommodations
One of the most serious and common types of discrimination is the unwillingness of an employer to give legally required accommodation. The California law gives your employer the responsibility to offer you reasonable accommodation in case your pregnancy or a condition that may be associated with the pregnancy demands altering your workplace or duties.
Any unwillingness to negotiate on your needs, the refusal to consider a reasonable request without a good excuse, or refusal on untimely grounds to accelerate the process are possible cases of discrimination. Compelling you to take a medical leave when an accommodation can make you continue working is also unlawful. Failure to address your needs directly violates your rights and entitles you to file a discrimination lawsuit.
Your Right to Workplace Accommodations Under FEHA
Pregnancy and the associated conditions may make carrying out your regular job duties difficult. In acknowledgement of this, the Fair Employment and Housing Act of California mandates employers to make reasonable accommodations to assist you in dealing with your work duties safely and effectively. An accommodation is any modification to your work or work setting that enables you to continue working and safeguard your and your baby’s health.
You should participate in what the law refers to as a good-faith interactive process with your employer to get this going. This is a dialogue where you discuss your needs and collaborate to find a successful solution. Your employer should be open-minded in this discussion, and you may be required to give a note from your doctor explaining how your condition impacts your ability to work.
The nature of reasonable accommodations differs based on your needs and job requirements. The typical ones are giving more or longer breaks when you feel tired or need water. Your employer should offer seating accommodation if you must stay long.
Your responsibilities might have to be adjusted to physically demanding jobs, e.g., be exempted from heavy lifting. Your employer may also be required to reorganize your job temporarily, change your work schedule so that you do not have to work strenuous shifts, or change equipment to be safe to use. An employer cannot compel you to go on a leave of absence when you can still work with a reasonable accommodation.
Understanding Your Leave Rights
Besides accommodations, California law also offers generous, job-protected leave to recover from pregnancy-related disability and to bond with your new child. Two major pieces of legislation mainly provide these safeguards:
California’s Pregnancy Disability Leave (PDL)
To begin with, you have a right to take leave in case the pregnancy, the childbirth process, or a related medical condition makes you disabled under the PDL. A disability here is broad and may encompass such conditions as severe morning sickness, gestational diabetes, preeclampsia, bed rest prescribed by a doctor, postpartum depression, and the time it takes to recover physically after childbirth.
Your employer must have at least five employees to be eligible for PDL, and there is no length-of-service or hours-worked requirement; you are eligible on the first day of employment. You can take up to four months of intermittent leave per pregnancy. Your employer must continue your health insurance coverage during your PDL on the same terms as would be the case were you actively employed.
California Family Rights Act (CFRA)
Another separate leave time is given under the California Family Rights Act (CFRA) to bond with the baby. To qualify under CFRA, you must have at least 12 months of employment with your employer and at least 1,250 hours of employment in the last year, and your employer must employ at least five employees. CFRA offers up to 12 weeks of bonding time with a new child with job protection.
Importantly, this bonding leave is in addition to any period you take under Pregnancy Disability Leave. A qualified employee may use up to four months of PDL and 12 weeks of CFRA bonding leave, which gives them plenty of time to recuperate and bond with their newborn baby.
Filing a Pregnancy Discrimination Lawsuit
In case you were mistreated because of your pregnancy, you should understand that you can sue. Although the process may appear intimidating, learning these key steps will enable you to develop a compelling case and seek the justice you are entitled to.
Document Every Instance of Discrimination
The most important and first thing you should do is to write everything down. Your legal claim is based on the evidence you obtain. Maintain a well-documented record of all the discriminatory incidents on a personal device, not a work computer. Record the date, time, and place. Record what was said or done verbatim, include direct quotes, and name anyone who saw what happened. Documenting this treatment’s professional and emotional effect on you is also crucial. Keep all emails, text messages, performance reviews, and other documents that prove your claim. If you made requests, retain copies of all communications with Human Resources.
Formal Administrative Complaint
You must file a formal complaint with the relevant government agency before filing a lawsuit. This is a compulsory step; the deadlines are strict and referred to as the statute of limitations. Your claims under California law will be filed with the California Civil Rights Department (CRD). You submit your federal claims to the Equal Employment Opportunity Commission (EEOC). Since these agencies collaborate, it is often sufficient to file with one of them to defend your rights under state and federal law. This is a formal complaint to your employer and triggers a formal investigation.
Agency Investigation and Right-to-Sue Notice
After the filing, your case will be assigned an investigator at the CRD or EEOC. They will examine your evidence, talk to witnesses, and ask your employer questions. The agency may also provide voluntary mediation to assist you and your employer in settling. The agency will provide a Notice of Right-to-Sue if the investigation remains unresolved. This is the most crucial key you require since it will authorize you to pursue your case in court.
Filing Your Lawsuit in Court
When you get your right-to-sue letter, you can formally file your lawsuit. At this point, the advice of a qualified pregnancy discrimination lawyer will be invaluable. Your attorney will prepare a written legal document known as a Complaint. In this document, the facts of your case are carefully laid out, the laws your employer has broken are identified, and the compensation you request is stated. The actual litigation process starts when it is submitted to the court and served on your employer.
Maneuvering the Litigation Process
Once a case has been filed, it is in the discovery stage. In the discovery process, your lawyer and the employer’s legal team share all the information and evidence relevant to the case. This is usually done through written questions, document requests, and depositions, which are out-of-court sworn testimonies of you and other necessary witnesses.
During this time, your lawyer will likely be negotiating settlements. Although most discrimination cases are settled, if a reasonable settlement cannot be made, your attorney will be ready to bring your case to trial, where a judge or jury will decide.
Possible Damages in a Winning Lawsuit
An effective pregnancy discrimination claim can offer several types of compensation, legally referred to as damages. These damages are divided into economic and non-economic, including tangible financial losses and emotional and psychological suffering. The aim is to restore you to the financial situation you would have been in had the discrimination not happened, make you whole again, and award justice to the intangible harm you suffered.
Economic Damages
Economic damages are the monetary costs and financial losses you incurred, which are measurable and out-of-pocket, as a direct result of illegal actions on the part of your employer. These are estimated to give a definite monetary figure of what was stolen from you.
Back pay is a significant element in economic damages. This is supposed to compensate you for all the income you lost since the discriminatory act, that is, a wrongful termination or demotion, until the time of a settlement or a court decision. Back pay does not only include your base salary or the hourly wages.
It also encompasses the amount you lost, including commissions, bonuses, sick and vacation pay, and the value of lost benefits like health insurance contributions and retirement plan matching. It will aim to get the money you ought to have earned back in your pocket.
A court can grant front pay when you cannot return to your old job, maybe because the work environment has become hostile. Front pay is the payment of future lost wages. It is meant to fill the economic gap between the end of your lawsuit and when you can reasonably be expected to get a similar job with similar pay and benefits. This is in recognition that the discrimination has ruined your career, and it will take some time to get back on your feet financially.
You may also be able to recoup other out-of-pocket expenses you incurred due to the discrimination. This may involve medical costs, particularly if the loss of your health insurance coverage compelled you to cover prenatal care or other treatments yourself. Moreover, it reimburses the expenses incurred in seeking a new job, including preparing your resume or travelling to the interview.
Non-Economic Damages
In addition to the measurable economic damages, pregnancy discrimination is emotionally and psychologically devastating. You are compensated for non-economic damages to cover this suffering.
Emotional distress, or pain and suffering, is the most critical non-economic damage. This is to cover the mental torture, anxiety, depression, humiliation, and pressure due to the discrimination. The loss of a job, being harassed during pregnancy, or having your rights denied can be a very traumatic experience. These damages recognize the wrong and seek to offer some justice to the same.
One of the related damages is the loss of enjoyment of life. The discrimination could have spoiled what would have been a happy period and impacted your personal and professional self-esteem. This type of compensation acknowledges that the employer deprived you of a paycheck and your health and enjoyment of a significant life experience.
Punitive Damages and Attorney Fees
Besides damages that compensate you, two other types of financial awards may be given in these lawsuits.
A court can also award punitive damages when an employer’s actions were malicious, fraudulent, or oppressive. These are not meant to reimburse you for your losses but to penalize the employer for its outrageous act and discourage the employer and other companies from committing similar unlawful acts. Although punitive damages are uncommon, they can be very high, which will send a clear message that this discrimination will not be accepted in California.
The California law states that you can collect your attorney fees and court costs if you win your suit. This is an essential provision since it enables you to seek justice without the fear of being overwhelmed by excessive legal fees, and your financial status does not restrict you from seeking justice regarding your rights.
Find a Competent Sexual Harassment Attorney Near Me
Pregnancy discrimination is a harmful fact in California workplaces, and effective legislation, such as the Fair Employment and Housing Act, protects you. An employer cannot fire you, deny you employment, or refuse to make reasonable accommodations due to your pregnancy. It is your right to job-protected leave and a harassment-free workplace.
You do not need to put up with this abuse silently. Legal action starts with a record of job protection and a claim that gives you the right to sue to receive the compensation you are entitled to. The legal procedure is not simple and requires a skilled advocate to help you.
If your rights have been infringed, you require an experienced lawyer to defend you. Contact Empower Sexual Harassment Attorneys in San Diego at 619-604-3027 and speak to us about your case and how we can assist you in obtaining justice.
