Pregnancy Job Discrimination – Laws, Rights & Remedies
Posted By V. James DeSimone Law || 23-April-2018
When a woman is pregnant or has recently given birth, she is entitled to the same civil rights as any other employee. Failure by an employer to meet the federal and state laws created to protect pregnant employees is considered sex discrimination, a violation of civil rights, which is prohibited by Title VII of the 1964 Civil Rights Act. Further, the U.S. Equal Employment Opportunity Commission (EEOC) and the 1978 Pregnancy Discrimination Act (PDA) make it further clear that it is illegal to discriminate against an applicant or employee because of pregnancy, childbirth, and related medical conditions.
Federal and California Pregnancy Discrimination Protections
Both federal and California law mandate that a pregnant employee’s request for changes in job responsibilities and tasks that may be physically and mentally unhealthy or hazardous while she is temporarily disabled must be accommodated whenever reasonable. Also, a woman who is temporarily unable to perform her customary job responsibilities because of pregnancy or childbirth is legally entitled to disability benefits just like any other disabled employee. In addition, large employers are required by the 1993 Family Medical Leave Act (FMLA) to grant a certain amount of time off during pregnancy and following childbirth.
Though violating an employee’s civil rights because she is pregnant or has recently given birth is illegal, it, nevertheless, happens frequently. Often, when it happens, unscrupulous employers create false reasons for the termination, leaving an employee unfairly damaged.
When any of these pregnancy discrimination laws are violated, the employer is subject to fines and penalties enforceable by the Department of Labor. But more important for our clients, when an employer has failed to meet the requirements of these mandated laws, financial compensation may also be pursued through civil litigation. Under California law, the right to a workplace free from discrimination or harassment is declared to be a civil right.
How do you or a loved one know whether they’ve been the victim of employment pregnancy discrimination? Employers often make up pretextual reasons for termination when they mistreat pregnant employees, But wrongful termination is not the only type of pregnancy discrimination.
If any form of pregnancy discrimination on the job has happened, including job application denial, unjust termination, layoffs, unwanted reduced hours, reduced pay, demotions, unreasonable hours and schedule, failure to provide mandated family leave, denial of disability benefits, harassment, hostile work conditions and more, your civil rights may have been violated.
Fortunately, there are legal strategies and methods that can lead to monetary compensation for victims of such painful and difficult situations. If any of these things have happened to you and you’ve been monetarily, medically, and emotionally harmed, you may be entitled to a significant financial settlement.
In many of our cases cases, our clients are unfairly terminated because they were pregnant and took a leave related to their pregnancy, but after Attorney James DeSimone filed a civil lawsuit against the employer, they receive compensation for back and lost pay, emotional trauma, and pain and suffering.
To receive a free evaluation to determine whether you’ve been a victim of employee pregnancy discrimination and may be entitled to monetary damages, contact the attorneys at V. James DeSimone Law.
Over Three Decades Protecting the Rights of Pregnant Women
The V. James DeSimone Law Firm’s attorneys can bring their decades of experience to an aggressive and dedicated fight to win compensation for you when your civil rights have been violated. With multi-million dollar civil wins on behalf of our clients, you can be confident that if your case qualifies as employment pregnancy discrimination, we will guide you through to a successful result.
Whether you are in Orange County, Los Angeles County, Riverside County, San Bernardino County or anywhere else in Southern California, we are prepared to vigorously fight for your rightful compensation. But don’t wait. The statute of limitations to file a complaint with California’s Department of Fair Employment & Housing for employment pregnancy discrimination is one year following the event. Contact our firm today at 310-693-5561 to see if you qualify for a free appointment with one of our qualified, experienced attorneys.