How to Handle Pregnancy Discrimination at Work in Los Angeles?

Unfortunately, in California, there are times when employees may wonder how to handle pregnancy discrimination at work in Los Angeles. Pregnancy discrimination in the workplace is a serious issue that could potentially affect over 50% of the California workforce. Employers are legally obligated to provide reasonable accommodations for pregnant employees and make sure that they are not subjected to discriminatory practices.

Understanding your rights and the legal protections available is essential for navigating such situations. Sometimes, these situations require the assistance of an experienced employment lawyer who can help employees fight for their rights and seek justice when it comes to pregnancy workplace discrimination.

Legal Framework Protecting Pregnant Employees

In California, the primary statute addressing pregnancy discrimination is the California Fair Employment and Housing Act (FEHA). Enacted in 1959, FEHA prohibits employment discrimination based on various characteristics, including childbirth, pregnancy, and related medical conditions.

The Act states that employers must provide reasonable accommodations for pregnant employees, which may include modified duties, alternative assignments, or leave of absence, as necessary. The FEHA also states that employers must provide up to four months of job-protected leave for employees disabled by childbirth, pregnancy, or related medical conditions.

In addition to FEHA, the California Family Rights Act (CFRA) provides job-protected leave (up to 12 months) for an employee who is eligible, within a 12-month period, to bond with a new child or to care for their own or a family member’s serious health condition. This leave can be taken separately or consecutively with pregnancy disability leave under FEHA, extending the total available leave time.

CFRA applies to employers with as few as five employees, making it broader in scope than federal leave laws like the FMLA, which require 50 or more employees. This lower threshold ensures that workers at small businesses in California are still covered by essential family and medical leave protections.

California Civil Rights Department

The California Civil Rights Department (CRD) is responsible for enforcing FEHA. The CRD investigates complaints of discrimination, harassment, and retaliation in employment, housing, and public accommodations. They also provide guidance to both employers and employees regarding their rights and responsibilities under the law.

The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of childbirth, pregnancy, or related medical conditions. The PDA mandates that employers treat pregnant employees the same as other employees who are similar in their ability or inability to work.

Notable California Legal Proceedings

Understanding how courts have interpreted pregnancy discrimination laws can provide valuable insights. Two of the most notable ones include:

• California Federal Savings & Loan Association v. Guerra (1987): The U.S. Supreme Court upheld California’s requirement that employers provide job-protected leave for pregnant employees, ruling that it was not preempted by federal law. This decision showed that states could offer greater protections than federal standards.
• Geduldig v. Aiello (1974): In this case, the U.S. Supreme Court ruled that excluding pregnancy-related disabilities from California’s disability insurance program did not violate the Equal Protection Clause of the Fourteenth Amendment. However, this decision was later addressed by the California legislature, which amended the law to include pregnancy-related disabilities.

Steps to Address Pregnancy Discrimination in Los Angeles

If you believe you are experiencing pregnancy discrimination at work, consider the following steps:

1. Document the Discrimination: Keep detailed records of discriminatory actions, including dates, times, locations, individuals involved, and any witnesses.
2. Review Company Policies: Familiarize yourself with your employer’s policies regarding pregnancy leave, accommodations, and discrimination.
3. Communicate With Your Employer: Consider discussing the issue with your supervisor or the human resources department. They may be unaware of the problem and could take steps to address it.
4. File a Complaint With the CRD: If internal resolutions are ineffective, you can file a complaint with the California Civil Rights Department. The CRD investigates allegations of discrimination and can take enforcement actions if necessary.
5. Seek Legal Counsel: Consulting with an attorney who has experience in employment law may help you understand your rights and explore legal options. It is important to work with an attorney who has worked on cases similar to yours. Researching and referencing their previous cases can provide you with insight into how your case may play out.

FAQs

Q: What Should You Do About Pregnancy Discrimination in the Workplace?

A: If you experience pregnancy discrimination at work, document the incidents and gather any relevant evidence. Speak to your HR department or supervisor about your concerns. Pregnancy discrimination is prohibited under the Pregnancy Discrimination Act and the Civil Rights Act. Seek legal advice from an experienced lawyer like the discrimination attorneys at Shirazi Law Firm.

Q: Is It Hard to Win a Pregnancy Discrimination Case?

A: Winning a pregnancy discrimination case can be challenging. The employee must prove that discrimination occurred due to pregnancy, which often requires strong evidence, such as discriminatory comments, unfair treatment, or biased policies. Employers may argue that the decision was based on non-discriminatory reasons, complicating the case.

However, with proper legal representation and solid evidence, such cases can succeed. Winning the case often depends on the circumstances, the strength of the evidence, and the jurisdiction’s laws.

Q: What Is the Burden of Proof for Pregnancy Discrimination?

A: In pregnancy discrimination cases, the burden of proof lies with the employee or plaintiff. They must establish that they were treated unfavorably due to childbirth, pregnancy, or related medical conditions. This includes proving that the employer’s actions were discriminatory, either directly or through other impacts.

Once the employee presents their case, the employer must provide a legitimate, non-discriminatory reason for their actions. If successful, the burden shifts back to the employee to challenge the employer’s reasoning.

Q: What Are the Rights of Pregnant Workers in California?

A: In California, pregnant workers are entitled to several rights under state and federal laws. Employers must provide reasonable accommodations for pregnancy-related conditions, such as additional breaks or modified duties. The California Fair Employment and Housing Act and the Pregnancy Disability Leave law offer protections, including up to 4 months of unpaid leave.

Workers are also protected from discrimination or retaliation due to childbirth, pregnancy, or related medical conditions.

Contact Us Today

Pregnancy discrimination is illegal. If you believe you are facing discrimination, it is important to take proactive steps to address the issue, including documenting incidents, understanding your rights, and seeking assistance from appropriate agencies and legal professionals.

Contact Shirazi Law Firm, PC, to work with our legal team, who can guide you through this difficult situation. By doing so, you can work toward a resolution and ensure that your rights are upheld in the workplace. Connect with us today.