California state law affords a number of protections to pregnant workers to ensure they can take time off from work and avoid discrimination based on their pregnancy. If your employer has denied your right to pregnancy leave or has taken an adverse action against you because of your condition, a California employment pregnancy discrimination lawyer can help you.
The employment discrimination lawyers at Domb & Rauchwerger is closely familiar with your rights as a pregnant worker. We’re prepared to take an aggressive stance against an employer that has discriminated against you or denied you a protected leave of absence. Contact our team today to schedule a free consultation and learn more about your legal options.
How do I Know If I Have a Pregnancy Discrimination Claim?
California’s Fair Employment and Housing Act (FEHA) makes it so employers cannot discriminate against pregnant workers. If your employer has at least five full-time employees, this law protects you from a number of different forms of discrimination.
Pregnancy discrimination occurs when an employer takes an adverse action against you because of your pregnancy status. An adverse action is any action that negatively impacts the terms, circumstances, or privileges of your employment.
You might have grounds for a claim if an employer took one of the following actions against you because you are pregnant:
- Firing you
- Demoting you
- Lowering your pay
- Relieving you of certain duties
- Giving you a poor performance review or suspending your employment
- Failing to hire or promote you
If an employer has taken one of the abovementioned adverse actions against you on the basis of your pregnancy, a California employment pregnancy discrimination attorney from our firm can build a strong claim and help you pursue the remedies you deserve.
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Proving that the Adverse Action Was Motivated by Your Pregnancy
To file a successful pregnancy discrimination claim, you’ll have to prove that the adverse action your employer committed against you was motivated by your pregnancy. There are several ways that an employment pregnancy discrimination lawyer from California can tie the adverse action to your pregnancy status, including:
Demonstrating a Suspicious Timeline of Events
One way an attorney can connect an adverse action to your pregnancy is by establishing a timeline of relevant events that shows the adverse action was likely motivated by your pregnancy status.
For example, if you received positive performance reviews and recognition from your supervisor or manager until you disclosed your pregnancy, at which time you started receiving negative reviews or had your pay cut, a lawyer can use that information to show that the adverse action you experienced was likely due to your pregnancy.
It can also be helpful to show that the adverse action happened soon after you disclosed your pregnancy. Our employment pregnancy discrimination attorneys from California can use timestamped emails, witness testimony, and other records to show the close proximity in time between when you disclosed you were pregnant to your employer and the actions taken against you after your employer knew you were pregnant.
Proving that the Employer’s Reasoning for Taking An Adverse Action Against You Is Dishonest
If your employer is confronted about why they demoted you, cut your pay, fired you, failed to promote you, or committed another adverse action against you, they’ll probably say it was justified by poor performance or another issue.
An attorney can simply refer to markers of your performance to prove that the adverse action was not performance-related and likely motivated by your pregnancy status. If the evidence your attorney finds shows that there was no tangible dip in your performance, they can use that finding to show that your employer was most likely lying and possibly trying to hide that they discriminated against you. As another example, if your employer fired you for alleged poor performance after finding out you were pregnant, but did not fire other non-pregnant employees who were known to have more significant performance issues, this can be used to demonstrate that your employer was motivated in firing you on the basis of your pregnancy but wanted to cover that up.
Using Verbal or Written Comments Made by Your Employer
Most employers are aware of the legal ramifications of discriminating against pregnant employees, so your employer will most likely refrain from making any comments that expose the resentment they feel towards you and your pregnancy.
That said, if your employer does say something that shows they may have had the intention to discriminate against you, our California employment pregnancy discrimination lawyers could use it against them. Examples of comments that show discriminatory intent include but aren’t limited to:
- “We’re going to feel the burden when you go on maternity leave.”
- “Things have really been disrupted with all these doctor appointments of yours.”
- “How can we know you won’t get pregnant again and disrupt things?”
- “We are concerned that once you have your baby, you will not be able to fully focus on your job.”
These are just a few examples of the comments a lawyer could use to hold your employer liable for pregnancy discrimination. Our attorneys can use emails, testimony from your co-workers, and other records of such comments to support your claim.
Showing that You Were Treated Differently Than Non-Pregnant Employees
Another way to prove that your employer took an adverse action against you because of your pregnancy is to show that you were treated differently than your non-pregnant co-workers.
For example, if co-workers in the same or similar job position as you had similar levels of output and performance reviews relatively equal to yours, but you were the only employee out of the group who was demoted or received a pay cut, the adverse action may have been motivated by your pregnancy.
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California Law Protects Your Right to Take Pregnancy Leave
As a pregnant worker, there are several state laws that protect your right to take leave from work for the birth of a child or to recover from a pregnancy-related disability. The following laws allow you to take time off of work for reasons related to your pregnancy:
The California Family Rights Act
The California Family Rights Act (CFRA) allows you to take as much as 12 work weeks of leave for the birth of your child. Both mothers and fathers can use CFRA to take time off to bond with their baby. To take CFRA leave, your employer must have five or more employees, you must have been employed at your job for at least 12 months before the first day of your leave, and you must have worked at least 1,250 hours in the 12-month period.
To take CFRA leave, you must give your employer reasonable advance notice before your leave starts. You should also provide them with an estimate of the duration of your leave.
If your employer has denied your request for leave, taken an adverse action against you for requesting leave, violated your rights under the CFRA in another way, or discriminated against you because you took leave, our employment pregnancy discrimination lawyers from California can help you take legal action.
Pregnancy Disability Leave
If your employer has five or more employees, the Pregnancy Disability Leave Law (PDLL) allows you to take four months of unpaid leave from your job for a pregnancy, the birth of a child, or a pregnancy-related disability.
While the PDLL provides unpaid leave, you’ll be allowed to receive a portion of your missed wages from the sick and vacation time you have accrued. You may also receive a payment from California State Disability Insurance or California Paid Family Leave benefits from the California Employment Development Department.
According to California law, your employer has to reinstate you in the same position once you return from your leave unless:
- The position is no longer available due to reasons not associated with your leave; or
- Holding the position open for you would negatively impact the safety or operation of the employer’s business
If you aren’t reinstated to your former position, your employer may be required to find a similar position for you.
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Violations of State Pregnancy Leave Law That a Lawyer Can Fight
Our California employment pregnancy discrimination attorneys are here to guide you through the legal process if your rights under state law have been violated. We can discuss taking action against your employer if they’ve committed any of the following violations:
- Denied a request for pregnancy-related leave that you’re eligible to take
- Harassing you because you requested leave
- Not paying for your health insurance benefits while you’re away
- Firing or demoting you for requesting or taking leave
- Lowering your pay for requesting or taking leave
- Changing your role when you return from leave
- Failing to provide the same or similar position when you return, depending on the reason why the position is unavailable
- Retaliating against you for taking leave
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Financial Remedies You Could Obtain With the Help of an Employment Pregnancy Discrimination Lawyer
Whether you’ve been discriminated against because of your pregnancy, denied protected pregnancy leave, or had your rights as a pregnant worker violated, our California employment pregnancy discrimination lawyers can help you pursue remedies.
Depending on the workplace injustices you’ve experienced, a successful case could provide you with any of the following remedies:
- Back pay
- Front pay
- Reinstatement
- Compensation for emotional distress
- Employer must cease all discriminatory and/or retaliatory actions
- Employer must devise measures to prevent future discrimination
- Attorney’s fees
- Punitive damages, if deemed necessary
Our Firm Brings Unique and Invaluable Experience to the Table
Years ago, attorneys Zack Domb and Devin Rauchwerger were both partners at an employment defense firm that represented Fortune 500 employers.
During their time representing employers, they learned how employment defense attorneys operate and the tactics they use to cover up or try and get away with discrimination, retaliation, and wrongful termination claims.
Now, the attorneys at Domb & Rauchwerger have decided to represent employees whose rights have been violated, and they are in a unique position to do so. Using their inside knowledge of the employment defense world, they can confidently go up against your employer’s legal team and do what needs to be done to secure the remedies you’re owed and maximize the value of your claims.
Zack Domb and Devin Rauchwerger are committed to helping clients get the justice and damages they deserve, which is why they collaborate on every case they work on. If they agree to take on your case, they’ll patiently guide you through the legal process and take an aggressive stance when it comes to demanding your compensation.
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No one should be denied the pregnancy leave they’re afforded by state law or be discriminated against because of their pregnancy status. If you believe your employer has violated your rights as a pregnant worker, meeting with a lawyer can help you determine if you’re eligible to pursue financial remedies.
To find out more about your rights and legal options, contact Domb & Rauchwerger and schedule a free consultation with a California employment pregnancy discrimination lawyer. You’ll meet with an experienced attorney who can assess the details of your situation and advise you on your best course of action.
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