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Los Angeles Pregnancy Discrimination Attorney

Having a baby can be one of the most memorable experiences in a woman’s life. Unfortunately, pregnancy can also negatively impact a woman’s career – and through no fault of their own. It is vital that women and employers understand that pregnancy discrimination is illegal. At Rise Law Firm, our Los Angeles pregnancy discrimination attorneys are here to help. If you or a loved one have faced discrimination in the workplace due to pregnancy, we will investigate your situation and work to recover the compensation you deserve.

Choose Rise Law Firm for your case

If you have been illegally discriminated against because of your pregnancy, turn to a firm with trusted experience standing up for workers. Rise Law Firm is ready to help.

  • We have a reputation for success and have represented individuals from all walks of life and at all levels of employment, from minimum wage employees to CEOs, and everything in between.
  • We believe in taking the time to get to know each client, and we shape our strategy around your goals and needs.
  • We take Los Angeles pregnancy discrimination cases on a contingency fee basis. This means that clients pay no upfront or out-of-pocket costs related to their case.

What will an attorney do for this case?

When dealing with a case of pregnancy discrimination, victims often do not have the resources to properly pursue justice for what happened. Most employers will have their own lawyers to defend them against these charges. A Los Angeles pregnancy discrimination attorney will have the legal experience and resources necessary to:

  • Thoroughly investigate your case and obtain all evidence that will prove you were discriminated against. This could include internal memos, HR documents, statements from coworkers or supervisors, and more.
  • Work with economic and financial experts to properly calculate your total losses.
  • Negotiate with all parties involved to ensure you receive full compensation for your case.

How does pregnancy discrimination occur?

Employers engage in pregnancy discrimination in California if they treat a woman unfavorably at work due to:

  • Her pregnancy
  • Her plans to become pregnant
  • Any pregnancy-related medical issues or childbirth

Unfavorable treatment leading to discrimination can take many forms, including:

  • Termination
  • Demotion
  • Failure to promote
  • Job assignments
  • Education and training
  • Failure to provide accommodations for pregnancy-related medical conditions
  • Refusal to hire
  • Bonuses and benefits
  • All other aspects of employment

Both the California Fair Housing and Employment Act and the Pregnancy Discrimination Act prohibit all forms of pregnancy-related discrimination in the state.

The FMLA, the CFRA, & the Pregnancy Disability Leave Act

The Family Medical Leave Act (FMLA) and the California Family Right Act (CFRA) both provide workers with unpaid leave for various medical conditions for themselves or their families. Specifically, both of these laws allow for a worker to take time off for the birth or bonding of a child or adoption of a child.

California is one of the few states that allows for pregnancy disability leave. Under this law, any company with five or more employees must allow for a pregnant worker to have up to four months off for pregnancy disability. They are allowed this leave if they have a pregnancy-related disability that keeps them from performing essential job functions. There are various reasons that a woman could take this leave, including:

  • Postpartum depression
  • Preeclampsia
  • Prenatal care
  • Loss of a pregnancy
  • Gestational diabetes
  • Recovery from childbirth
  • Pregnancy-related hypertension
  • Severe morning sickness

Workplace accommodations for pregnant workers

It is understandable that pregnant employees are often unable to perform every aspect of their job, particularly as their pregnancy advances. For example, a pregnant warehouse employee may not be able to lift heavy objects. In other instances, a worker may not be able to stand for long periods of time, or they may need more frequent breaks.

Under the California Fair Employment and Housing Act, employers are required to provide reasonable accommodations to pregnant workers to aid in their job duties. There are various types of accommodations that could help pregnant workers. Some of these could include:

  • Allowing a worker to take frequent breaks to use the restroom
  • Allowing for more breaks to drink water or take medications
  • Providing a stool or chair
  • Temporary job reassignment or the modification of job duties to ease stress
  • Modifying any work equipment or machinery
  • Assistance with certain physical aspects of the job
  • Ergonomic office furniture
  • Leave of absence as allowed under state and federal law
  • Schedule modifications such as flexible hours
  • Possibly allowing for telecommuting

In order for a worker to be able to obtain these accommodations, they may need a note from their doctor stating that the accommodation is medically necessary for their health and the health of their unborn child. While most employers will offer these accommodations willingly, they are allowed to require medical justification.

What about retaliation?

There are times when pregnant employees are subject to retaliatory actions by their employers for requesting workplace accommodations. This could include demotion, a cut in hours, or even termination. Because it is illegal to discriminate against someone because of their pregnancy status, it is also illegal to retaliate against someone for requesting reasonable accommodations.

What is the time limit to file these cases?

It can be confusing to understand how long a person has to file a pregnancy discrimination case in California. Termination based on discrimination in the US (including pregnancy discrimination) allows a victim only 180-days to make the complaint. However, the time limit can be extended to 300 days if a charge is filed with the California Department of Fair Employment and Housing (DFEH). If the EEOC does grant the right to sue, there is then a 90-day limitation to file the lawsuit.

What kind of compensation is available for this case?

If you or somebody you love have been discriminated against in the workplace due to pregnancy, seek legal assistance as soon as possible. You may be entitled to significant compensation, and the attorneys at Rise Law Firm are ready to conduct a thorough investigation of your case. Our goal is to secure the following:

  • Any lost wages you have incurred
  • Reinstatement to your job (if applicable
  • Court costs and legal fees
  • Pain and suffering damages
  • Possible punitive damages against the employer

When you need a Los Angeles pregnancy discrimination attorney, you can contact us for a free consultation of your case by clicking here or calling 310-728-6588.