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Pregnancy Discrimination

Pregnancy Discrimination Attorney in Los Angeles

Your Tenacious Employment Lawyers with Decades of Experience and Significant Recoveries

Employment Law Local Legal Authority
James DeSimone is a Local Legal Authority with Attorney at Law Magazine

Have you had your hours cut at work or did you fail to receive a promotion because you are pregnant? Were you laid off because your employer refused to grant maternity leave? In any situation, if you are discriminated against due to being pregnant, you have a right to take legal action. At V. James DeSimone Law, our pregnancy discrimination attorneys in Los Angeles have the tenacity and skill to guide you through legal proceedings. You may be entitled to compensation if you were wrongfully terminated or if it is determined that your employer acted in a discriminating way towards you because of your pregnancy. This is where we can help.

Schedule your free case evaluation by calling (310) 693-5561.

In any case, our firm is completely dedicated to obtaining justice on behalf of our clients. We make it our top priority to protect your rights in the workplace, including those that safeguard women from discrimination because of a pregnancy. If you have been the victim of pregnancy discrimination, we encourage you to reach out to our firm and learn how we can help you move forward. We will work hard to help you reach a settlement favorable to you.

Settlements may be recovered for:

  • Wrongful termination
  • Hours cut
  • Wages cut
  • Emotional trauma
  • Non-coverage of maternity leave
  • Violations of the Family & Medical Leave Act

Examples of Pregnancy Discrimination

Some of the worst behavior we’ve seen comes from companies that act unethically, or illegally when a woman is pregnant and preparing for maternity leave. We have worked with numerous women & families facing this issue and have seen the following examples of pregnancy discrimination:

  • Firing (wrongful termination), demotion or job reassignment
  • Loss of promotion due to pregnancy
  • Refusal to hire because of pregnancy
  • Harassment of a pregnant woman
  • Failure to provide reasonable accommodations
  • Restricting medical or FMLA leave

Although this is not a comprehensive list of the ways a woman may be discriminated against for being pregnant, these unfortunately tend to be the most common.

We Have the Results & Experience to Help You

V. James DeSimone Law has handled numerous cases of pregnancy discrimination throughout California. If you or your partner have been the victim of pregnancy discrimination we urge you to contact V. James DeSimone Law today in Los Angeles. We can answer your questions and you can help defend your rights, and the rights of future victims of pregnancy discrimination by seeking compensation for this inexcusable and illegal behavior.

A Recent Pregnancy Discrimination Testimonial:

“Jim DeSimone represented me in a wrongful termination case. I had been with a company for a decade and when I left for my maternity leave, they decided to fire me! Needless to say I was devastated. I met with several law firms that were interested in handling my case, but decided to have Jim represent me. Jim DeSimone is a passionate attorney committed to righting the wrongs. He is not only an effective attorney, he is a decent human being. I am certain you would be pleased with his style and demeanor as well as the result he will produce for you.”

The FMLA & CFRA Protect Your Rights

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) protect the rights of an employee when an employee has worked for an employer under specific guidelines. Employees are legally permitted to take up to 26 weeks off within a 12-month period for a serious personal illness, injury or impairment; to care for a family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse or registered domestic partner) with a serious health condition; to bond with a newborn, adopted child or foster child, as well as under FMLA for a qualifying acute circumstance related to a close family members military service. Read more about your rights on our recent article: Understanding FMLA and the California Family Rights Act.

What the FMLA and CFRA do is protect your rights from actions from your employer when you become pregnant. They outline the Federal and State of California rules and regulations on the rights of expecting mothers at the workplace, and the policies around mandatory or voluntary medical leave during and after pregnancy. If you feel your or your partner’s rights have been violated, we know what you’re going through because we’ve seen it before. Contact the Los Angeles pregnancy discrimination lawyers at V. James DeSimone Law today at (310) 693-5561 to discuss your matter.

There are four major differences between the CRFA and the FMLA, and two of them directly relate to maternity leave.

  • While pregnancy itself is covered under the FMLA, pregnancy is not covered under the CRFA. Instead, if a woman is pregnant in California and wants to request leave, they may do so under Pregnancy Disability Leave for up to 4 months (16 weeks). Employers only need to have 5 or more employees to be covered under this act, and there is no eligibility waiting period for employees. Additionally, employers are required to supply such employees with reasonable accommodations or transfer someone to a less hazardous or strenuous job. After taking the leave under the Pregnancy Disability Leave, a woman would still be entitled to take a full 12 weeks under FMLA after the child is born.  
  • Registered domestic partners are not equal to spouses under the FMLA, however, under the CRFA registered domestic partners are covered the same as spouses.

Finally, California has enacted a Paid Family Leave law, which gives temporary disability insurance to those parents who take time off from work for many reasons including to care for a seriously ill child, or to bond with a new child. This leave is administered by the State Disability Insurance program and provides up to 6 weeks of Paid Family Leave payments to eligible workers.

The New Parent Leave Act in California

California extended the rights of fathers to allow a paternity leave benefit under smaller employers in The New Parent Leave Act. This law is similar to the federal FMLA and the state CFRA in that it provides up to 12 weeks of paternity leave, however, its protections extend to also apply to smaller employers (those with as few as 20 to 49 employees). This law is significant as it bridges that gap between those employers that have less than 50 employees and are not covered under the FMLA. The New Parent Leave Act states that parental leave is available only to employees who are not covered under the FMLA or CRFA, allowing someone to be home on maternity leave with their newly born or newly adopted child.

These laws may overlap; however, it is important to note that some employees will be covered by the New Parent Leave Act in some areas, but not others. For example, if an employee meets the first two requirements under FMLA and CRFA by working 12 months and 1,250 hours, but the employer does not have 50 or more employees, they would be eligible to take maternity leave under the New Parent Leave Act if the employer had 20 or more employees.

Requesting Maternity Leave in California

An employee has the right to maternity leave after the birth or adoption of a child. However, an employee must provide reasonable notice of their intent to take either FMLA, CRFA, or New Parent Leave to their employer as soon as possible, and in writing. If you feel as if you are being discriminated against due to your request for any type of maternity leave, you should contact an attorney as soon as possible to preserve your rights.

Contact an Experienced Los Angeles Pregnancy Discrimination Attorney Today

When pregnancy discrimination leads to a hostile work environment, it can leave you wondering what to do next. You shouldn’t have to go through this situation alone, especially during a time in your life that is supposed to be filled with joy. Our team has 30 years of experience helping employees obtain the justice they need and deserve. We have achieved multi-million dollar settlements and verdicts for past clients and we are confident in our ability to guide you to a successful resolution as well. We look forward to discussing your pregnancy discrimination case with you whether you are in Orange County, Los Angeles, Riverside County, San Bernardino County, or anywhere else in Southern California.

Contact our firm at (310) 693-5561 for more information today.

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