What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. It is a form of sex discrimination prohibited under various federal, state, and local laws, including the Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act of 1964 in the United States.

La Dama Justicia can help pregnant employees who have faced pregnancy discrimination.

Examples of Pregnancy Discrimination in the Workplace

1. Failure to Hire: Refusing to hire pregnant workers or pregnant women, or because the employer assumes they will become pregnant in the future is a form of pregnancy discrimination.
   
2. Termination: Firing or demoting an employee because she is pregnant or has recently given birth is a form of workplace pregnancy discrimination.
   
3. Denial of Promotion: Passing over pregnant workers for a promotion or advancement opportunity based on her pregnancy or related medical conditions is employment discrimination.
   
4. Harassment: Subjecting pregnant workers to harassment, such as derogatory comments, jokes, or offensive behavior related to her pregnancy.
   
5. Refusal of Accommodations: Failing to provide reasonable accommodations for a pregnancy-related condition, such as allowing frequent breaks to express breast milk, a designated lactation space for nursing mothers, modifying job assignments, or providing a temporary transfer to a less physically demanding position.
   
6. Denial of Benefits: Denying a pregnant woman access to the same benefits or privileges provided to other employees, such as access to health insurance coverage or participation in training programs.
   
7. Forced Leave: Requiring a pregnant employee to take unpaid leave or medical leave even if she is willing and able to continue working with reasonable accommodations.
   
8. Retaliation: Retaliating against pregnant workers for asserting their rights under pregnancy discrimination laws, such as filing a complaint or requesting accommodations.

Pregnancy discrimination is illegal and violates the fundamental right to equal employment opportunities. Employers are required to treat pregnant employees and job applicants the same as non-pregnant employees or applicants, providing them with equal opportunities, benefits, and protections under the law. Employees who experience pregnancy discrimination have the right to file a complaint or pursue legal action to seek remedies and protections under anti-discrimination laws.

How To Prove Pregnancy Discrimination

Proving pregnancy discrimination in the workplace can be challenging, because it can involve having to demonstrate that an adverse employment action was taken against pregnant employees because of their pregnancy, childbirth, or related medical condition. 

1. Document Incidents: A pregnant employee can keep detailed records of any incidents of discrimination, harassment, or unequal treatment related to their pregnancy. This includes written notes, emails, text messages, and any other documentation that could supports a claim.
2. Note Witnesses: Identify any witnesses who may have observed pregnancy discrimination behavior or heard discriminatory comments against pregnant workers. Their testimonies can support your pregnancy discrimination charges/allegations and strengthen your case.
3. Review Company Policies: Review your employer’s policies and procedures related to pregnancy, maternity leave, and accommodations. If your employer has failed to follow its own policies or has treated you differently from other employees, it may indicate discrimination.
4. Keep a Pregnancy Journal: Document your experiences throughout your pregnancy or related conditions, including any changes in treatment, interactions with supervisors or colleagues, and any adverse employment actions taken against pregnant workers.
5. Seek Medical Documentation: Obtain medical documentation from your healthcare provider confirming your pregnancy and any pregnancy-related medical conditions. This can help substantiate any claims.
6. Request Accommodations in Writing: If you need accommodations due to pregnancy, childbirth, or related medical conditions, submit a written request to your employer outlining the specific accommodations you require and the reasons for requesting them.
7. Follow Company Procedures: Follow your employer’s procedures for reporting pregnancy discrimination or filing complaints. This may involve reporting incidents to HR, following the company’s grievance procedure, or filing a complaint with a government agency.
8. Consult a Pregnancy Discrimination Attorney: If you believe you have been a victim of pregnancy discrimination, the attorneys at Lawyers for Justice, PC (LFJ) offer free consultations and can advise you on your rights, help you gather evidence, and assist you in filing a pregnancy discrimination charge, or lawsuit if necessary. The experienced employment attorney team at LFJ can help.
9. File a Complaint: If informal attempts to address the discrimination are unsuccessful, you may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency, such as the California Department of Fair Employment and Housing (DFEH).
10. Cooperate with Investigations: If your complaint triggers an investigation by the EEOC, DFEH, or another agency, cooperate fully with the investigation process, provide any requested documentation or evidence, and attend any interviews or hearings as required.

By taking these steps and gathering evidence to support your claim, you can help strengthen your case and increase the likelihood of proving pregnancy discrimination in the workplace.

WAITING TIME PENALTIES IN CALIFORNIA : FAQ

Can I sue for not getting paid on time?
Yes. If you are owed unpaid wages, you can file an unpaid final wages lawsuit against your employer (or former employer) to recover unpaid wages, in addition to possibly other damages provided by law. An employer who exhibits a failure to pay final wages, or who pays late wages, is in violation of California wage and hour laws. And thus, they are subject to a wage and hour lawsuit.

How to calculate waiting time penalties in California?
The waiting time penalty is measured by multiplying the employee’s daily rate of pay by the number of days that the employee was not paid, up to a maximum of 30 days.

How to file waiting time penalty California?
Thinking about filing a waiting time penalty on wages owed to you? You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or call a final wages attorney to bring a case against your former employer to recover the wages owed to you. In the latter case, the employment lawyer can help you claim the waiting time penalty for final paychecks.

Can my employer pay me late?
In most jurisdictions, including California, employers are legally required to pay wages immediately on the scheduled payday for each pay period. Late payment of wages can result in waiting time penalties. Failure to pay in a timely manner may also be a violation of state or federal wage and hour laws.