In California, it’s against the law for your employer to discriminate against you because of your pregnancy status. State law also protects your right to take leave as a result of your pregnancy.
If you’ve faced pregnancy discrimination in the workplace or have been denied protected leave, you need the assistance of a employment lawyer from California.
A Glendale pregnancy discrimination lawyer from Domb & Rauchwerger can investigate the unlawful treatment you’ve experienced, build a strong case, and take action against your employer. Once your case has come to a conclusion, it’s highly likely you’ll receive the financial remedies you need to cover income losses and move forward with your life.
A Glendale Pregnancy Discrimination Attorney Can Determine If You Have a Claim
Sometimes, it can be difficult to determine if you have a claim against your employer. That’s because some forms of workplace conduct may seem like discrimination but are actually more accurately categorized as rude or unpleasant behavior.
Speaking with a pregnancy discrimination lawyer from Glendale and familiarizing yourself with the basic elements of a discrimination claim can help you determine if you’re eligible to take legal action against your employer.
Adverse Action
To qualify for a claim, your employer must have taken an adverse action against you because of your status as a pregnant worker. Adverse actions negatively impact the terms, conditions, and privileges of your employment and may include, but aren’t limited to, the following:
- Termination of employment
- Demotion
- Pay cut
- Relief of certain job duties
- Poor performance review
- Loss of benefits
Adverse Action Directly Motivated by Pregnancy Status
In some situations, your employer may fire you or lower your pay because of poor performance or another factor unrelated to your pregnancy. To have grounds for a discrimination claim, your Glendale attorney must prove that the adverse action you experienced was directly motivated by your pregnancy.
Here’s how an attorney from our team can connect the adverse action with your pregnancy status:
- Establish a timeline of events: If you received glowing performance reviews up until the day you told your employer about your pregnancy and then received a poor review or a pay cut, your attorney can use evidence of that suspicious timeline of events to show that the adverse action was motivated by your pregnancy.
- Challenge employer’s reasoning: If your employer claims that they fired or demoted you because of poor performance, your lawyer can reference performance markers that show you were meeting expectations and that the adverse action must have been motivated by another factor that your employer has failed to disclose, such as your pregnancy.
- Use employer’s comments: If your employer made comments like, “Your pregnancy is going to disrupt our business,” your attorney can use evidence of such comments to show that your employer had a negative attitude toward your pregnancy status and may have taken adverse action against you because of it.
- Show you were treated differently: If employees in the same role as you who were not pregnant were not fired, demoted, or impacted by another adverse action, your attorney can use evidence of it to show that you were treated differently and likely discriminated against due to your pregnancy.
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Our Glendale Pregnancy Discrimination Lawyers Can Combat Leave of Absence Denial
The California Family Rights Act (CFRA) and the Pregnancy Disability Leave (PDL) are both laws that allow you to take a leave of absence from work when pregnant or caring for a newborn. Familiarizing yourself with laws regarding pregnancy leave can help you determine if your rights have been violated.
Pregnancy Disability Leave
If your employer has over five employees, PDL allows you to take unpaid leave for up to four months due to incapacity as a result of pregnancy or childbirth. Once your leave is over, your employer must give you the same position you occupied before you left unless the position isn’t available anymore for reasons that aren’t related to your PDL leave.
If your position is no longer available to you when you return, your employer may be required to place you in another position. An experienced pregnancy discrimination attorney from Glendale can determine if your employer is required to reinstate you and assist you in filing a claim if your rights under protected leave law are violated.
California Family Rights Act
If you are the mother or father of a newborn baby who is employed at a company with five or more employees, the CFRA allows you to take as much as 12 work weeks off to bond with your child. An employee does not need to take the leave all at once, and can divide it over the child’s first year of life in two-week increments, and on two occasions, an employee can request to take a shorter period of leave than two weeks.
To qualify for CFRA leave, you must have worked at your job for at least one year before the first day of your leave. In addition, you must have worked at least 1,250 hours in the one-year period to qualify for CFRA leave
If your employer has denied your request for PDLL or CFRA leave, fired you for requesting protected leave, or taken another adverse action against you because of your request, you may have grounds for a claim. Our Glendale pregnancy discrimination lawyers will investigate your circumstances, file a claim on your behalf, and pursue the remedies you’re owed.
Glendale Pregnancy Discrimination
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Compensation Our Glendale Pregnancy Discrimination Attorneys Can Fight for
Our team understands that the effects of pregnancy discrimination can be far-reaching and devastating. If you’ve been denied protected leave or discriminated against, we’ll work tirelessly to obtain the following remedies on your behalf:
- Back or front pay
- Return to your old position or a similar one
- Emotional distress
- Cessation of all adverse actions motivated by your pregnancy
- Require employers to enact plans to prevent discrimination in the future
- Attorney’s fees
- Punitive damages, if appropriate
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Our Firm Is Uniquely Qualified to Take on Your Case
Zack Domb and Devin Rauchwerger are former employment defense attorneys who collaborate on every case they take on. When you hire Domb & Rauchwerger, you get two former partners, both of whom defended Fortune 500 employers from claims like yours, for the price of one.
Our team’s unique experience gives us the inside knowledge we need to take on your employer’s attorneys and get the results you need to move forward with your career and your life. Contact us today to schedule a free initial consultation with a Glendale pregnancy discrimination lawyer.
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