How Hard is it to Prove Pregnancy Discrimination in California?

Discrimination in the workplace may not be legal, but many people still experience it each year. Among the many types of discrimination is pregnancy discrimination. At the Shirazi Law Firm, P.C., we believe in helping clients understand their rights and advocating for them when they’ve been discriminated against. We can help you answer the question, “How hard is it to prove pregnancy discrimination in California?”

What Is Pregnancy Discrimination?

Pregnancy discrimination can take many forms, which is part of what might make it difficult to prove. In general, any action an employer takes against an employee because of their pregnancy can be considered discrimination. This includes the pregnancy itself, related leave, and additional conditions that stem from the pregnancy. Understanding how pregnancy discrimination shows up can help you watch for it and prepare your case.

Overt Pregnancy Discrimination

This is usually the easiest type of discrimination to prove. If an employer directly says they are firing, penalizing, or otherwise discriminating against you because of your pregnancy, it is very clear they’re engaging in discrimination. In the US, 20% of mothers say they’ve experienced pregnancy discrimination in the workplace. Unfortunately, many of these cases are not so overt.

Wrongful Termination

If your employer fires you because of your pregnancy, it can be considered wrongful termination. This isn’t always easy to prove, since your employer might claim they’re firing you for different reasons. Keeping a careful track of your performance and considering the timing of your termination are important.

Other Professional Penalties

Losing your job isn’t the only way you can experience discrimination. Nearly 70% of pregnant women are employed during their pregnancy, and they can face other challenges. Each of these challenges can still be incredibly difficult to deal with, especially if they come from a place of discrimination.

Other ways an employer might discriminate against a pregnant employee include:

• Overlooking them for possible promotions
• Denying standard raises
• Creating a hostile workplace
• Reducing their pay

Workplace Retaliation

Sometimes, after filing a claim for pregnancy discrimination, an employee may experience retaliation from their employer. This can include any of the actions listed above being done in response to the claim being filed. Retaliation in this manner is illegal under California pregnancy discrimination laws. You can work with an attorney to defend yourself if this occurs.

Signs You May Be Experiencing Pregnancy Discrimination

Clearly, there are many ways an employer can discriminate against pregnant employees. But if you’re terminated or face workplace penalties, it’s important to understand what hints at them being related to discrimination.

For example, if you’ve been terminated, the following factors hint at discrimination:

• There was no significant change in your performance
• You were the only one fired
• The termination happened during your pregnancy leave, or when you announced your pregnancy
• Your role was listed as open when you were fired
• Other, less qualified employees stayed at the company

Proving Pregnancy Discrimination

Unfortunately, pregnancy discrimination often isn’t easy to prove. Each case is unique and requires a careful eye. You may want to work with a California pregnancy discrimination attorney to help you determine what to do next.

Because employers often don’t engage in overt discrimination, proving it will rely on many types of evidence, such as:

• Your work performance records
• Medical documentation of pregnancy-related conditions
• Any documentation from your employer
• Witness testimony from coworkers, clients, or others
• Emails, texts, or other records related to the case

As the person alleging discrimination, it will fall upon you to prove that your employer was being discriminatory. This is a challenge, especially when you’re feeling hurt by your employer’s actions and dealing with all the challenges that come with pregnancy. You don’t have to go through it alone. The attorneys at Shirazi Law Firm, P.C., are experienced in discrimination cases and care about advocating for the rights of workers like you.

FAQs

Q: What Are the Odds of Winning a Pregnancy Discrimination Case?

A: The odds of winning a pregnancy discrimination case in California depend on the circumstances of the case. Documenting relevant evidence, your work performance, your medical history, and working with a workplace discrimination lawyer can all help you boost the strength of your case. Pregnancy discrimination may be difficult to prove, but it’s not impossible.

Q: What Is the Average Settlement for Pregnancy Discrimination?

A: Settlement values for pregnancy discrimination can vary greatly. Often, the amount is based on any financial losses you experienced and the suffering you were put through because of the discrimination. Settlements may also be decided through negotiation, giving you the opportunity to advocate for an amount you think is fair.

Q: Can You File for Pregnancy Discrimination if You Weren’t Fired?

A: Yes, you can file for pregnancy discrimination even if you weren’t fired from your job. Discrimination can take many forms, and all of them have the possibility of being financially and personally harmful. You may want to hire a pregnancy discrimination lawyer to look at the facts of your case and help you figure out what your options are.

Q: Who Handles Pregnancy Discrimination?

A: Employment lawyers, such as those at the Shirazi Law Firm, P.C., handle pregnancy discrimination cases. The California Department of Civil Rights can also handle these cases for California workers. In fact, in 2023, they helped a woman obtain a substantial settlement from the Miss Universe Organization due to pregnancy-related discrimination.

California Discrimination Lawyers You Can Trust

When facing a possible discrimination case, you want a lawyer who can treat you with compassion but advocate for you fiercely. At the Shirazi Law Firm, P.C., that’s what we do. We use our experience to push for the outcome you deserve while also helping you through a very difficult time.

We also have results you can trust, having recently won over $1.66 million in a settlement for a pregnancy discrimination case.* Our lawyers can help explain the process to you, gather the right evidence, and represent you in negotiations and hearings.

At our firm, your rights are the top priority. Whether you work in Orange County, Riverside County, or elsewhere in California, we’re here to support you. Contact us now to learn more about what we can do for you.

*Previous settlements do not guarantee future results. Each case should be evaluated on its own basis.