Winning A Discrimination Lawsuit For Pregnant Employees In California
Pregnant employees often face many hurdles in their personal lives and at work. Unfortunately, some employers don't want to deal with the challenges of a pregnant employee. Employers might discriminate against pregnant workers by firing, demoting, cutting their pay, or subjecting them to harassment.
That said, California has comprehensive employee protections prohibiting workplace pregnancy discrimination. You can sue your employer should you experience unfair treatment in California.
That said, is it difficult to win a discrimination claim in California? What does it take? Here's what our prescreened California Pregnancy Discrimination Lawyers have to say:
What Qualifies As Pregnancy Discrimination In California?
Discrimination can manifest in many ways. However, the easiest way to understand discrimination is that it involves:
When employers make employment decisions based on a protected attribute (i.e., refusing to hire, firing, demoting, or cutting the pay of a pregnant employee)
When employees are harassed for being pregnant
Some employees don't even know if their case qualifies as pregnancy discrimination. If you're unsure whether you can file a claim, consult with a California Pregnancy Discrimination Lawyer ASAP.
How Do You Win A Pregnancy Discrimination Case In California?
You can't just file a report and sue someone without ample proof and going through the proper process. Here are some tips for a successful pregnancy discrimination claim in California:
1. Report the incident to HR.
You want to try internal solutions first. Making an HR report will also get the incidents on record, so you can request those documents should you need to present the timeline of your discrimination claim.
2. Avoid further conflicts and altercations.
Once you've reported to HR and started talking to legal counsel, you should avoid getting into more arguments or disputes. You may say or do something in the heat of the moment that can be used against you.
This is why California Pregnancy Discrimination Lawyers often advise clients to stay off social media and private discussions about their cases to avoid these problems.
3. Collect your employment documents.
This includes your employment contract, pay slips, employee handbook, employee records, and other crucial documents.
4. Save emails, texts, and messages.
Save, screenshot, and collect communications that could show your experience with pregnancy discrimination in the workplace.
5. Speak with a prescreened California Pregnancy Discrimination Lawyer.
An experienced attorney knows what the lawsuit and complaint process requires. They can help you collect evidence, investigate your claim, beat deadlines, and build a solid case.
Remember, you must ensure your case is preserved from the beginning. This means collecting evidence, avoiding potential complications, and getting advice from an expert Pregnancy Discrimination Lawyer in California.
What Are My Rights As A Pregnant Employee In California?
Pregnant employees in California enjoy several benefits and protections under labor laws. The most important of which are the following:
1. You cannot be discriminated against for being pregnant.
You cannot be refused a job, fired, harassed, or suffer adverse employment action for being pregnant. For example, if you were fired or terminated because of pregnancy discrimination, you might be eligible for a wrongful termination claim in California.
Discrimination can be difficult to prove since adverse employment actions can be subtle. Not to mention, no employer or supervisor will ever admit to pregnancy discrimination when it's illegal. However, a prescreened California Pregnancy Discrimination Lawyer will be experienced with the unique challenges of such cases, so contact them immediately.
2. You can file for FMLA leave.
According to the Family and Medical Leave Act, you have the right to job-protected unpaid leave for valid family and medical reasons. Pregnancy (including the symptoms that come with it) is a valid reason under this law.
Your boss cannot deny eligible employees from taking a leave of absence. They also cannot fire or demote you for doing so. When this happens, contact a California Pregnancy Discrimination Lawyer ASAP.
3. Pregnancy is considered a temporary disability.
Pregnant employees are entitled to reasonable accommodations in the same way disabled employees are. Therefore, your employer should work with you to develop accommodations to help your current health requirements.
For example, you can be granted permission to work from home, change your schedule, or be given less physically-demanding tasks.
Hire An Experienced Pregnancy Discrimination Lawyer in California
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