PREGNANCY DISCRIMINATION ATTORNEY LOS ANGELES

Most of the times women take time off from work due to pregnancy and unfortunately end up losing their jobs. This feeling can be overwhelming especially when you’re enduring physical, emotional and financial hardship.  However, under the California Pregnancy Disability Leave Law employers with 5 or more employees are required to provide up to four (4) months of unpaid leave for women. A female employee has the right to take leave in the event of a pregnancy, childbirth, or for related medical conditions. Hence, for men, California law provides for leave related to childbirth under the California Family Rights Act.

At the conclusion of the Pregnancy Disability Leave, the employee must be reinstated to the same position, with limited exceptions. However, where the position is no longer available, the employer must reinstate the employee to a comparable position.

Following a Pregnancy Disability Leave, an employee may still have the full 12 weeks of California Family Rights Act leave available for childcare. More, an employee may still be entitled to longer leave as a reasonable accommodation under California’s law about providing accommodations to persons with disabilities.

If you believe you are a victim of being fired or treated differently at work due to pregnancy matters, a highly experienced Pregnancy Discrimination lawyers in Los Angeles can help you achieve maximum compensation for discrimination endured at 1-424-256-9055.

Circumstantial Evidence of Discrimination

 

If your employer didn’t admit that pregnancy played a role in its decision, you might still have enough evidence to allow a judge or jury to infer discrimination. To prove discrimination by circumstantial evidence, the facts of your case, taken together, must make it more likely than not that discrimination was behind your employer’s action. There are 2 (two) types of Pregnancy Discrimination:

  • Direct Evidence of Discrimination

  • Indirect Circumstance Discrimination

Direct Evidence of Discrimination

 

Often times, an employee can provide direct evidence of discrimination. Essentially, this means that the employer admitted to acting with discriminatory intent.

If your employer said that your pregnancy played a part in its decision, you will have a much easier time in court. For instances, if you were denied a promotion, and your manager said, “I’d like to give you the job, but I know you won’t want to travel as much once you have your baby,” that would be direct proof of pregnancy discrimination. Even in our modern time, attitudes related to pregnancy, mothers, and women’s roles at home and in the workplace run the gamut. However, it’s very rare for an employer to admit to racist thinking; it’s not completely unheard of for an employer to openly state that an employee’s pregnancy was a factor in its decision.

 

Indirect Circumstances that Can Lead to Discrimination

Oftentimes, indirect circumstantial evidence consists of proof that the employer deviated from its usual practices or policies, acted in a way that doesn’t make business sense, or changed its behavior. Absent a sound explanation for the change, fishy management decisions initiated after your pregnancy is apparent or known could create an inference of discrimination. Statistical proof or proof of how other employees who are pregnant have been treated might also be convincing.

When it comes to pregnancy discrimination cases, however, timing is oftentimes crucial. The reason why that is unlike other protected characteristics; a pregnancy is a temporary condition. If your employer started treating you differently shortly after learning of your pregnancy, that could lead to an inference of discrimination. Remember, the sooner to report, the less complex the merit.

For example, let’s say you were fired shortly before your due date. Your employer never said that your pregnancy was the reason for your termination. But other evidence might exist, such as:

  • Fact and Evidence. A fact and evidence showing that your employer didn’t follow its usual termination procedures in your case. For instance, if your manager said you were being fired for performance issues, but other employees with performance problems were given written warnings and a chance to improve prior to termination, you could point to this discrepancy as indirect circumstantial evidence of discrimination.

  • Suspicious Timing. Let’s say you were fired on your last day of work prior to starting your pregnancy/parental absence, or that you were fired the day after the company’s CEO visited your office, noticed your condition, and asked you pointed questions about your intent to return to work after having your baby. These facts and evidence could convince a jury that bias motivated the decision.

  • Wrongful Termination. Reasons given for the termination that don’t merit sufficient evidence to terminate. For example, if your manager told you that you were being fired because the company wanted someone with a stronger finance background; the person they hire to replace you should have those qualifications. If they instead hire someone with the same skills you have, their explanation begins to look like a pretext for discrimination that can be used against company.

  • Unfair Treatment. Treatment of other employees. If no other employee manages to stay on the payroll until the end of her third trimester, it starts to look like the employer has a pattern or practice of discrimination.

What Constitutes Workplace Discrimination?​

 

Federal and states law protect against workplace discrimination. In California, the California Fair Employment and Housing Act prohibits an employer from discriminating against an employee or potential employee based on:

  • Color;

  • Race;

  • Religious creed;

  • Ancestry;

  • Origin;

  • Disability;

  • Genetic information;

  • Medical condition;

  • Pregnancy;

  • Sex;

  • Gender;

  • Gender identity;

  • Marital status;

  • Veteran status;

  • Military status; or

  • Age.

 

Furthermore, in relations to the above characteristics, it is against California law for an employer to prohibit an employee from speaking a language other than English in the workplace, unless the restriction is based on a justifiable business necessity. While federal law also addresses and prohibits the types of discrimination listed above, California law is more expansive, providing broader definitions for terms such as mental and physical disability, medical condition, and more.

What Constitutes Discrimination in the Workplace?

 

Discrimination is treating a person differently based on any of the characteristics listed above and not job performance alone. For example, promoting someone to a higher role based on their skin color, or denying someone else a promotion based on their marital status, are forms of discrimination.

Refusing to hire someone, failing to pay a worker the same wage as other workers, excluding certain workers from opportunities, denying the use of company facilities, or issuing layoffs that only affect certain types of workers are all examples of discrimination. Discrimination also includes all forms of harassment that are based on personal traits, such as using racial slurs to describe a person.

 
YOU HAVE THE RIGHT TO TAKE ACTION

 

If you believe you’ve been discriminated against, you have legal rights and you have multiple options. You can contact a lawyer right away. Or you can file a complaint on your own against your employer with the federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) and ask them to investigate. (To file with the DFEH, you can file an “intake form” online, but make sure you do so within one year from the date the discriminatory act took place.) Or you could complain directly to your employer. Or contact WRLG, and we’ll help you go through all your options so you can make the best choice.

In some cases, you may be able to resolve your dispute with just the assistance of your employer or the DFEH or EEOC. But if that’s not possible or doesn’t work, getting a qualified attorney’s help may be necessary.

 

If a discrimination lawsuit is ultimately necessary, get the assistance of an experienced Los Angeles workplace discrimination attorney. In a lawsuit, you can seek money damages for lost wages/benefits to date and future lost earnings, for out of pocket expenses you’ve suffered, and for your emotional distress. You may be able to seek reinstatement to your old position. Punitive damages may also be available. And in all cases, you can seek an order that the employer pays for your reasonable attorney’s fees.

 

How to File a Claim with EEOC or the DFEH

An employee who experienced discrimination first must file with a state or federal administrative agency before going to court. Time limits will vary depending on which agency you file with.

Statute of Limitations for Discrimination Dispute

  • If filing a state claim with the Department of Fair Employment and Housing (DFEH), employees have one year to file from the discriminatory act.

  • An employee may also file a federal claim with the federal Equal Employment Opportunity Commission (EEOC). The time limit in California for such claim is within 300 days of the discriminatory act.

 

It is important to note that there is a work sharing agreement between the EEOC and DFEH. Filing a claim with one generally automatically files a claim with the other. Who you file with first determines which agency will investigate.

Investigations can take months. After the investigation is complete, the agency will try and bring the parties together to mediate and settle. If these negotiations fail, they will issue a Notice of Right to Sue which allows you to take legal action against your employer. It is possible to obtain this notice without undergoing the agency investigation. However, this is unwise without speaking to a discrimination attorney.

3 Vital Steps in Filing Pregnancy Discrimination Lawsuit​

 

The proof is in the pudding in a wrongful termination lawsuit. We know the tragedy of being  a victim of wrongful termination, and we know there are some things you can do to protect yourself. Here are three vital signs to take into consideration:

  1. Documentation is vital. This is critical in cases of discrimination, harassment, and retaliation. The more proof you can provide, the more merit you have. Having a running list of names, , voice message, text and dates, is crucial to for the details of your case. Also make copies of emails or other types of written correspondence that are direct evident of unlawful behavior.

  2. Don’t throw away your employee manual – keep it in a safe place. If and when you are ever terminated, be sure to take it home with you.

  3. Frequently ask to see your personnel file. In most states, your employer is required by law to give you access to your file. Make copies of the documentation contained within the file, and keep a running list of the types of documents.

 

Your Pregnancy Discrimination Lawyer in Los Angeles will assist help fill you in on other forms of evidence that you need to collect and provide. Find out more by calling 1-424-256-9055.

Free Consultation

 

When hiring a Beverly Hills Pregnancy Discrimination Lawyer it’s important to find an aggressive attorney that is skilled to negotiate on your behalf.   Let us connect you with one who has a proven track record of success – and who will work for you on a contingency basis so that you pay nothing unless you win. We’re here for you 24/7, 365 days a year. Remember, You Don't Pay, Until you Win, or you Don’t Pay at All!

Call now for your free initial consultation today at 1-424-256-9055. We can also assist you with Spanish.

Damages Endured After Employment Lawsuit

Courts award damages for practices that adversely impact “terms, conditions, or privileges” of employment (TCP). An employee who wins a discrimination case can receive the following civil damages:

  • Compensation for any unfair employment practices and money lost by those practices

  • Attorney’s fees and other litigation-related expenses

  • Future earnings or reinstatement of the employee’s position

  • Emotional pain and suffering

  • Punitive damages for gross cases of discrimination

 
You Don’t Pay Until You Win.

Contact a Los Angeles Pregnancy Discrimination Lawyer to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Pregnancy Discrimination Lawyer in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!

 

Lawyer Referral Service Los Angeles

If you are in a need a Beverly Hills Pregnancy Discrimination Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Pregnancy Discrimination Lawyer in Los Angeles today. Our experienced Pregnancy Discrimination lawyers in Los Angeles will help you overcome your Discrimination or damage.

 

If you have any questions about the information provided above, please contact Legal Leaf. Legal Leaf is a Lawyer Referral that can provide you with a Beverly Hills Pregnancy Discrimination Attorney or law firm. If you do have any questions about Pregnancy Discrimination attorney in Los Angeles area please contacts us for a free Lawyer Referral to a Los Angeles Lawyer.

 

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