California law makes it illegal for your employer to discriminate against you based on your pregnancy. The law also requires employers to give you paid and unpaid maternity leave. If you’ve been denied pregnancy leave or have faced discrimination motivated by your pregnancy, the team at Domb & Rauchwerger can take legal action on your behalf.
Our Pasadena employment lawyers can gather evidence of the unlawful workplace treatment you experienced, build a compelling claim, and demand financial remedies. Reach out to a Pasadena employment pregnancy discrimination lawyer today to get the experienced and committed representation you need to move past this upsetting time.
How to Know If You Have an Employment Pregnancy Discrimination Claim
It can be difficult to know whether or not you have a legitimate pregnancy discrimination claim. Just because you’ve been treated poorly at work doesn’t mean your rights under state law are being violated. Hiring a knowledgeable Pasadena employment pregnancy discrimination attorney can help you figure out if you have grounds for a claim.
A lawyer will review the details of your situation and tell you if California law classifies the workplace treatment you’ve experienced as discrimination. When determining if you’ve endured unlawful workplace treatment, your attorney will consider the elements that make up a valid pregnancy discrimination claim, which include the following:
Adverse Action
To qualify as pregnancy discrimination, your employer must have taken an adverse employment action against you. According to the law, an adverse action impacts the terms, conditions, and privileges of your employment in a negative manner.
Examples of adverse actions include the following:
- Firing
- Demotion
- Lowering your pay
- Taking away certain job responsibilities
- Negative performance review
- Taking away benefits
If you experienced one of the adverse actions listed above, you may be entitled to financial remedies. That said, the adverse action taken against you must have been directly motivated by your pregnancy to count as discrimination.
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Connection Between Adverse Action and Pregnancy Status
If your employer took adverse action against you because of poor performance, excessive unexcused absences, or another legitimate reason, you probably will not have a claim. However, if our Pasadena employment pregnancy discrimination lawyers can prove a direct link between your pregnancy status and the adverse action taken against you, you’ll have a strong claim.
Proving that your firing, demotion, or other adverse action was motivated by your pregnancy can be difficult. You’ll have to work with a seasoned attorney who is willing to gather evidence, analyze their findings, and construct a strong legal argument.
Our team can conduct a thorough investigation of your alleged discrimination and use the following methods to establish a connection between the adverse action and your pregnancy:
Prove You Were Treated Differently than Coworkers
If your employer didn’t take adverse action against your coworkers who have similar job responsibilities and demonstrate similar levels of performance, our team can point to that to demonstrate that your differential treatment was likely prompted by your pregnancy status.
Point to a Timeline of Events
If you received positive performance reviews and praise from your employer right up until you disclosed your pregnancy, at which point you were issued a negative review, your attorney could use that suspicious timeline of events to prove that the adverse action was motivated by your pregnancy.
Challenge the Reasoning Behind the Adverse Action
If your employer claims they demoted you or terminated your employment because of poor performance, your attorney can use markers of your performance and testimony from other employees to show that you satisfied your job responsibilities and that the adverse action was likely taken for another reason.
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Our Pasadena Employment Pregnancy Discrimination Attorneys Can Handle Leave of Absence Denial
In addition to protecting you from workplace pregnancy discrimination, state law also protects your right to take a leave of absence when you are pregnant or caring for a newborn child. Our team can take action against your employer if they denied your request to take a leave of absence, or retaliated against you for taking a leave of absence, that is protected by one of the following laws:
Pregnancy Disability Leave Law
If your employer has more than five employees, Pregnancy Disability Leave (PDL) allows you to take four months of unpaid leave for pregnancy, childbirth, or a pregnancy disability.
The PDL also requires your employer to reinstate you in the position you occupied before your leave unless the position is unavailable for a reason unrelated to your leave of absence.
If your previous role is no longer available for a legal reason, your employer may be legally obligated to provide you with a similar position. If they either fail to do so, or deny your PDL request, or retaliate against you for requesting leave, our pregnancy discrimination lawyers in Pasadena can help you.
California Family Rights Act
If you’ve exhausted your PDL leave, the California Family Rights Act (CFRA) allows you to take up to 12 work weeks of maternity or paternity leave to be with your newborn. You’re eligible to take CFRA leave if you’ve worked at your current job for at least 1,250 hours in a one-year period before making your CFRA leave request.
If your employer has violated the rights provided to you under the PDL or CFRA, our firm can construct a compelling claim on your behalf and fight for the financial remedies you need to replace your income-related losses and cope with the psychological impacts of your situation.
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Compensation an Employment Pregnancy Discrimination Lawyer from Pasadena Can Pursue
If you’ve been denied protected pregnancy leave or have had an adverse action taken against you because of your pregnancy, you could be dealing with financial losses and emotional distress. Fortunately, our firm can pursue the following damages for you:
- Front pay
- Back pay
- Reinstatement in your old position or a comparable position
- Emotional distress
- Require your employer to stop adverse actions motivated by your pregnancy status
- Enactment of measures to prevent pregnancy discrimination down the road
- Attorney’s fees
- Punitive damages
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Schedule a Free Consultation With a Pasadena Employment Pregnancy Discrimination Attorney
Zack Domb and Devin Rauchwerger both previously worked at one of the largest employment defense firms, where they represented Fortune 500 employers from employment discrimination claims like yours. They have inside knowledge of the strategies your employer’s legal team will likely use to combat your claim.
Contact us and schedule a free consultation with a Pasadena employment pregnancy discrimination lawyer from Domb & Rauchwerger today to get the experienced representation you need to bring a winning claim. Our team can use their in-depth knowledge of employment defense strategies to stand up against your employer and obtain the remedies you deserve.
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