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State and federal laws protect pregnant individuals against workplace discrimination. But it’s not always obvious what types of actions are considered pregnancy discrimination. A Los Angeles Pregnancy Discrimination Lawyer can help you fight for your rights.

WHAT COUNTS AS PREGNANCY DISCRIMINATION?

Employees face discrimination when they experience unfair treatment or punitive actions based on their pregnancy and/or recent childbirth. This protection extends to any pregnancy-related conditions, such as high blood pressure, requiring bed rest, and gestational diabetes.

You also cannot be fired, demoted, or passed over for a job because you are pregnant, were pregnant, or might become pregnant. California laws protect all pregnant persons, regardless of their gender identity or expression.

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WHAT IF I DIDN'T REPORT THE PREGNANCY DISCRIMINATION I FACED?

Not everyone who faces pregnancy discrimination is aware of the laws. Or they may have felt intimidated or been too ill to report any issues at the time. However, that doesn’t mean that your employer or former employer shouldn’t be held accountable. You may be eligible for back pay, lost wages, or reinstatement to your former position.

There are statutes of limitations for pregnancy discrimination cases, but every case is unique. An employee rights attorney can help you understand the current laws and what options you currently have.

EXAMPLES OF PREGNANCY DISCRIMINATION IN THE WORKPLACE

Pregnancy discrimination in the workplace takes many forms.

It can also occur after the employee returns from their maternity leave in the following ways:

  • An employer denies pregnancy-related benefits, leaves of absence, or reasonable accommodations because the employee isn’t married
  • An eligible employee is denied Pregnancy Disability Leave.
    • Important changes were made to this law in January 2021
  • An employer fires or demotes an employee to a lower-paying job after they return from Pregnancy Disability Leave or maternity leave
  • An employer refuses to coordinate reasonable accommodations for a pregnant employee, such as:
    • A request that heavy objects be placed higher to reduce lifting
    • A move to other, less strenuous job duties
  • An employer asks a job candidate if they have ever been pregnant, are pregnant, or plan to become pregnant
  • A work site lacks an appropriate lactation accommodation to pump breast milk
  • An employer or coworker makes inappropriate remarks about an employee’s pregnancy or any pregnancy-related benefits

When appropriate, pregnant individuals should speak with their employer’s HR department about any discrimination they face. California’s pregnancy and family leave laws are complex. In some cases, it’s a matter of a supervisor not understanding their obligations as an employer.

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HOW CAN A LOS ANGELES PREGNANCY DISCRIMINATION LAWYER HELP?

Unfortunately, some employers choose to ignore the law until they face a legal case.

A Los Angeles Pregnancy Discrimination Lawyer will help hold an employer accountable. Employees who were unfairly demoted or took a pay cut may be reinstated to their former positions or pay rate.

However, some employees are unwilling to return to an employer who treated them unfairly. In those cases, the employee may still be entitled to back pay or lost wages.

For employees who are currently pregnant, an attorney can work to ensure they receive any paid or unpaid leave for which they are eligible and help negotiate reasonable accommodations.

Top-Rated Employee Rights Lawyer

Top-Rated Employee Rights Lawyer

After experiencing any type of harassment or discrimination in the workplace, it’s difficult to know where to turn, to know who you can trust. At the Malk Law Firm, we have successfully represented employees against large and small companies (all over California and Washington) in various labor and employment-related lawsuits.

Trust our team to fight for your rights in the workplace. Our employee rights lawyer is available for a consultation to discuss your options. Please reach out today to tell us about your case.

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