Pregnancy Discrimination Lawyers Serving Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties

Fearless Advocates Helping Victims Seek Justice

Pregnancy discrimination in the workplace is prohibited under the Fair Employment and Housing Act (FEHA). The Pregnancy Discrimination Act (PDA), enacted in 1978, amended Title VII of the Civil Rights Act to provide that discrimination on the basis of sex includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. The PDA further provides that women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.  These laws ensure that pregnant employees are protected from discrimination and harassment at work. Understanding your rights as an expecting mother or an employer is crucial to fostering a fair and supportive work environment.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer discriminates against a pregnant employee because of pregnancy, childbirth, or a related medical condition. This includes discrimination in hiring, firing, promotions, job assignments, layoffs, training, and any other aspect of employment.

FEHA Protections for Employees in Los Angeles, Bakersfield, Orange, Oxnard, Riverside, and San Bernardino

Under FEHA, pregnancy is a protected characteristic. Employers cannot discriminate against employees or job applicants because of pregnancy or related conditions. Additionally, employers must provide reasonable accommodations to pregnant employees, unless the employer can show that causes undue hardship.

Reasonable Accommodations:

Reasonable accommodations may include:

Temporary transfer to a less strenuous or hazardous position

More frequent restroom breaks

Modifying work schedules

Providing a stool or chair

Light duty assignments

Providing equipment or modifying existing equipment

Examples of Pregnancy Discrimination:

Refusing to hire a woman because she is pregnant

Firing a woman because she is pregnant or has a pregnancy-related medical condition

Denying promotions or training opportunities based on pregnancy

Making derogatory or offensive remarks about a woman’s pregnancy

Refusing to provide reasonable accommodations for pregnancy-related needs

Why Hire a Pregnancy Discrimination Lawyer?

Experience: Pregnancy discrimination cases can be legally complex. Lawyers specializing in employment law have the expertise to navigate these complexities.

Evidence Gathering: A lawyer can help gather evidence to support your case, including documentation, witness statements, and expert testimony.

Negotiation: Lawyers can negotiate with employers or their legal representatives on your behalf to seek fair resolutions, including financial compensation, reinstatement, or policy changes.

Protection Against Retaliation: Hiring a lawyer can deter employers from retaliating against you for filing a discrimination complaint.

Litigation: If negotiations fail, a lawyer can represent you in court. They understand the legal process and can present a compelling case to a judge or jury.

Statute of Limitations: A lawyer can ensure your complaint is filed within the statute of limitations, avoiding potential dismissal due to missed deadlines.

Emotional Support: Facing pregnancy discrimination can be emotionally challenging. A lawyer can provide support and guidance throughout the process.

Pregnancy Discrimination Lawyers in Los Angeles, Bakersfield, Orange, Oxnard, Riverside, and San Bernardino

Pregnancy discrimination is illegal under the Fair Employment and Housing Act, and pregnant employees have rights that protect them from unfair treatment in the workplace. Hiring a lawyer can be crucial if you face pregnancy discrimination, as they provide legal expertise, assist with evidence gathering, negotiation, and litigation, and offer protection against retaliation. By seeking legal representation, you can effectively assert your rights and seek justice in cases of pregnancy discrimination.

Frequently Asked Questions About Pregnancy Discrimination in Los Angeles, Bakersfield, Orange, Oxnard, Riverside, and San Bernardino

As soon as my manager found out I am pregnant, he started to cut my hours and began to treat me differently. Do I have any rights?

Generally speaking, yes. California’s Fair Employment and Housing Act prohibits pregnancy discrimination in the workplace. If your supervisor began to treat you poorly and cut your hours, thus affecting your pay, you may have a pregnancy discrimination, retaliation or harassment claim. Contact our employment law attorneys in Los Angeles to discuss your case during a complimentary case evaluation.

I am pregnant and I feel like I am being discriminated against because of my pregnancy. Do I have any rights? 

Yes. If your employer has 5 or more employees, it is subject to California’s Fair Employment and Housing Act which prohibits pregnancy discrimination. If your employer is taking “adverse employment actions” against you because of your pregnancy, you may have a claim for pregnancy discrimination amongst other things.

There are only 3 other employees working for my company, can I sue my employer for Pregnancy Discrimination?

Unfortunately, to be a “covered employer” in California under the Fair Employment and Housing Act, your employer must have 5 or more employees. However, if you were terminated as a result of your pregnancy, you may have a public policy wrongful termination claim.

Features Pregnancy Discrimination Case

Lopez v. La Casa De Las Madres, 89 Cal. App. 5th 365 (2023)

Gabriela Lopez filed suit for employment discrimination and wrongful termination against La Casa de Las Madres (La Casa). La Casa is a non-profit organization that provides services to women and children who are victims of domestic violence. Lopez worked for La Casa at various times between 2002 and 2017. In 2014, she accepted the position of shelter manager at La Casa’s residential shelter for domestic violence victims. In September 2016, Lopez gave birth to a baby girl. Thereafter she did not return to work due to events that gave rise to this action. Following a bench trial, the court entered judgment in favor of La Casa. On appeal, Lopez argued that the trial court misapplied provisions of the Fair Employment and Housing Act (FEHA) that require an employer to provide reasonable accommodations for a pregnancy-related condition. (Govt. Code, § 12940 et seq.; subsequent statutory references are to this code.) The Court of Appeal affirmed the judgment. In the published portion of its decision, the Court of Appeal observed there were no California cases articulating the elements of a pregnancy discrimination claim under section 12945, subdivision (a)(3)(A) (section 12945(a)(3)(A)). Drawing from the statutory language and applicable regulatory law, as well as pertinent FEHA case law, the Court of Appeal concluded that a cause of action under section 12945(a)(3)(A) requires proof that: (1) the plaintiff had a condition related to pregnancy, childbirth, or a related medical condition; (2) the plaintiff requested accommodation of this condition, with the advice of her health care provider; (3) the plaintiff’s employer refused to provide a reasonable accommodation; and (4) with the reasonable accommodation, the plaintiff could have performed the essential functions of the job. The Court of Appeal then determined that the trial court applied a correct understanding of these elements and, contrary to plaintiff’s contentions otherwise, properly placed the burden on plaintiff to prove that she had a condition related to pregnancy and that she was able to perform the essential functions of her job with reasonable accommodation. In the unpublished portion of its opinion, the Court of Appeal rejected Lopez’s argument that she proved La Casa engaged in an unlawful employment practice under section 12945 and section 12940 by failing to accommodate Lopez’s pregnancy-related disability.

Areas Served:

The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Covina, Culver City, Cypress, Dana Point, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Monte, El Segundo, El Sereno, Encino, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, Santa Monica, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Walnut, West Covina, West Hills, West Hollywood, West Puente Valley, Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda