Best Pregnancy Discrimination lawyer in California
Have You Faced Pregnancy Discrimination at Work? The Experienced Team of Lawyers at Stalwart Law Group Can Help You Win Compensation
Pregnancy discrimination occurs when an employer treats an employee or job applicant less favorably in the workplace because of their pregnancy, childbirth, or a related medical condition. This could include, for example, a company that refuses to hire women who are pregnant or dismisses a woman unfairly during her pregnancy. Discriminatory actions based on pregnancy are illegal, and victims of pregnancy discrimination can seek compensation through a workplace discrimination lawsuit.
Pregnancy should be a time of excitement and anticipation, not fear of losing your job or being mistreated. Unfortunately, many employers may cast pregnant women aside or make decisions based on stereotypes about pregnancy, childcare, or parenting. At Stalwart Law Group, we fight for pregnant women in California by demanding compensation and accountability from employers who perpetuate pregnancy discrimination or allow it to flourish in the workplace.
If you’ve experienced adverse or unfair treatment at work during your pregnancy, you may have grounds for a lawsuit. Pregnancy discrimination lawsuit settlements can include compensation from lost wages, loss of earning potential, back pay, and damages for pain and suffering. Contact our discrimination lawyers today to receive support and find out if your employer owes you compensation.
Pregnancy Discrimination Laws in California
Under California law, pregnancy is a protected characteristic alongside gender, race, ethnicity, and age, and California provides pregnant employees with strong protections from discrimination based on being pregnant. This law applies to all aspects of employment, including hiring and firing, salaries, job opportunities, promotions, and benefits.
The primary law addressing pregnancy discrimination is the Fair Employment and Housing Act (FEHA), but other rights and protections also apply. The following laws work together to protect pregnant women from workplace discrimination.
California Fair Employment and Housing Act (FEHA)
FEHA prohibits employers with five or more employees from discriminating against a worker because of:
- Pregnancy
- Childbirth
- Breastfeeding (and expressing milk)
- Related Medical Conditions
The California Pregnancy Discrimination Act (PDA) is a specific part of FEHA that offers these protections to pregnant women. Under this law, employers are required to provide reasonable accommodations to pregnant employees to enable them to perform their job duties, unless doing so would cause an undue hardship for the employer. Reasonable accommodations may include adjustments to work schedules, modified tasks, or providing time off for prenatal appointments.
FEHA also protects individuals from harassment based on pregnancy, childbirth, or related medical conditions. Harassment can include offensive comments, derogatory remarks, or creating a hostile work environment due to an individual’s pregnancy status.
Pregnancy Disability Leave (PDL)
Under the PDL, employees are entitled to up to four months of job-protected leave if they are diagnosed with a pregnancy-related disability. This includes gestational diabetes, high-risk pregnancies, recovery from childbirth, or other conditions that temporarily prevent an employee from performing essential job duties. If a doctor recommends a reduced work schedule or modified job duties, employers must provide those accommodations when reasonable and not unduly burdensome.
California Family Rights Act (CFRA)
The CFRA provides up to 12 weeks of protected leave for bonding with a new child. Many employees can combine this benefit with PDL. Furthermore, during CFRA leave, employees are also entitled to continue receiving employer-provided health insurance benefits.
Examples of Pregnancy Discrimination at Work
Pregnancy discrimination in California can be overt or subtle, but the common thread is adverse treatment because of pregnancy, childbirth, breastfeeding, or related medical conditions. These examples illustrate how unlawful conduct can show up day to day:
- Refusing to hire or withdrawing an offer after learning of pregnancy
- Denying reasonable accommodations (e.g., lifting restrictions, more frequent breaks, schedule adjustments)
- Cutting hours, pay, or duties after disclosure of pregnancy or return from leave
- Forcing leave before it’s medically necessary or wanted
- Punishing or terminating an employee after requesting maternity leave
- Retaliating for asking for accommodations or reporting discrimination
- Failing to provide a private lactation space or adequate break time after childbirth
If any of these examples sound familiar, you may be entitled to financial compensation through a pregnancy discrimination lawsuit. Our employment lawyers specialize in handling these cases and fighting for maximum compensation for those affected by workplace discrimination.
How To File A Pregnancy Discrimination Claim
Filing a claim for pregnancy discrimination helps protect your career and can stop your employer’s violations. It is also the first step in taking your current or past employer to court and winning a settlement from a discrimination lawsuit. If you believe you have been a victim of pregnancy discrimination or harassment in the workplace in California, you can take the following steps towards making a claim:
1. Document Every Incident of Discrimination
Keep documentation of any instances of pregnancy discrimination against you from your employer or other individuals while at work. Create a written log that includes times, dates, places, people involved, and what was said or done. You should also preserve any official documentation or workplace communications, such as denied requests for paid leave or other accommodations. Having an organized paper trail is ideal, as it will be crucial to supporting your claim.
2. Consult With a Pregnancy Discrimination Attorney Early
A California pregnancy discrimination attorney will review your case carefully, assess applicable laws, help you frame your case, and help collect and preserve evidence. The lawyers at Stalwart Law Group have experience in pregnancy discrimination cases and can help you understand your rights and guide you through the process. It’s good to speak with a lawyer early, as it can help avoid missteps when filing your claim, raising complaints, or negotiating with your employer.
3. File a Complaint with the Civil Rights Department (CRD) or the EEOC
Before you can file a lawsuit in court, you generally need to file a complaint with the CRD, which is responsible for enforcing California’s laws against workplace pregnancy discrimination. You may also file with the Equal Employment Opportunity Commission (EEOC), which handles claims on the federal level. Complaints are filed online through the CRD’s or the EEOC’s website. When filing a complaint, you should provide as much detail as possible about the discriminatory practices you have experienced. The experienced legal team at Stalwart Law Group will help you with this process and ensure your claim is submitted accurately and supported by strong evidence.
4. Comply with Investigations and Mediations
The agency you filed with may request records, interview witnesses, and invite the employer to respond to your claim. Afterward, the agency may offer to mediate the issue by facilitating conversations between you and your employer and helping you reach an agreement without going to court.
5. Receive a Right-to-Sue Letter and File a Lawsuit
If the CRD finds evidence of discrimination, it can file a lawsuit against your employer on your behalf. If it decides not to file a lawsuit, it will issue you a right-to-sue letter, which allows you to file a lawsuit. The right attorney will have successful experience in pregnancy discrimination cases. They will file a civil action against your employer seeking lost wages, front or back pay, loss of future earnings, emotional distress damages, and any other applicable damages to increase your compensation. Remember that there are strict statutes of limitations for these cases, and acting on time is essential.
How To Prove Pregnancy Discrimination In The Workplace
Proving pregnancy discrimination can be challenging, but there are certain steps and strategies that your lawyer can use to build a strong case. Because employers rarely admit bias, proof usually combines documents, testimony, and patterns showing that pregnancy or related conditions motivated the decision. You will need to prove the existence of protected characteristics (pregnant, nursing, etc.), that your employer’s actions or decisions were based on this characteristic, and that you’ve suffered actual losses or damages as a result of those actions or decisions.
Below are some elements of proving pregnancy discrimination. The experienced team of pregnancy discrimination lawyers at Stalwart Law Group will help you through these steps to create a compelling case against your employer.
Compile Direct Evidence
If you have any direct statements from your employer or supervisor that show bias about pregnancy, this can be strong evidence. For example, if an employer said, “We need someone who won’t go on maternity leave,” this is direct evidence of pregnancy discrimination. Preserve emails, messages, meeting notes, or texts that link any action to pregnancy.
Compare Treatment Across Employees
Gather examples showing how non-pregnant coworkers in similar roles are treated more favorably. Side-by-side comparisons of employees receiving better schedules, assignments, pay, or disciplinary outcomes are all helpful. Company-wide data revealing that pregnant workers are being pushed out or that new parents are skipped for promotions can help prove unequal treatment.
Identify Pretext and False Explanations
An employer who is biased against pregnant employees will likely give false explanations for their decisions. A lawyer can prove that these reasons are actually a pretext (covering a true, hidden motive) by testing their story against evidence like performance metrics and other records. For example, if you were laid off after becoming pregnant because of “performance” issues, but your recent evaluations were all positive, this may point to a bias against pregnant employees.
Keep Track of Retaliations and Failures to Accommodate
Under California law, employers must reasonably accommodate pregnancy-related limitations and engage in a good-faith interactive process with pregnant employees. Log adverse actions like write-ups, demotions, or reductions in hours that occur during your pregnancy or after it. For example, if you become pregnant and request job-protected leave (in accordance with the PDL or CFRA) but your employer ignores it or responds with disciplinary actions, this may be unlawful discrimination.
Understand the Burden of Proof
It’s also important to remember that the burden of proof falls on the employee to show that pregnancy was the primary reason for the discriminatory act. However, you do not have to show that it was the only reason, as long as you can demonstrate that it was a substantial motivating factor. Even in mixed-motive scenarios, the employer will have to respond to your allegations by proving that pregnancy bias was not a part of their decision. A well-experienced pregnancy discrimination lawyer will frame your evidence in a way that shifts the burden of proof to the employer and ultimately exhausts their defenses.
How We Can Help with Your Pregnancy Discrimination Case
The employment attorneys at Stalwart Law Group represent pregnant workers across California and fight with passion to triumph against discriminatory employers. Our team has secured millions of dollars in pregnancy discrimination settlements for workers just like you who have faced unfair treatment in the workplace.
No one should have to choose between a healthy pregnancy and their job security. If you’ve experienced pregnancy discrimination in the workplace, our lawyers will help you determine if you have a valid case against your current or former employer. If you do have a case, we’ll work closely with you to develop a strong case strategy, procure evidence and witness statements, negotiate with government agencies and employers, and take your case to court to secure the compensation and accommodations you deserve.
Don’t fight pregnancy discrimination alone. Contact us today for a free case evaluation and take the first step towards securing your career’s future.
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