Lawyers for Wrongful Termination Due to Pregnancy Serving Los Angeles, Orange, Riverside, San Bernardino, Kern, and Ventura Counties
At Akopyan Law Firm, A.P.C., we recognize that pregnancy, while a time of great personal joy, can also bring significant challenges in the workplace. Unfortunately, some employers unlawfully discharge or otherwise discriminate against women simply because they are expecting. If you believe you were fired because of pregnancy, you are not alone. Many women face wrongful job termination because of pregnancy, leading to significant emotional and financial distress. We are here to help you navigate this difficult time, offering experienced legal representation to clients in Los Angeles, Orange, Riverside, San Bernardino, Kern, and Ventura Counties.
The Impact of Pregnancy on Employment
Pregnancy can influence your work life in various ways. You might need time off for prenatal appointments, require lighter duties due to physical limitations, or anticipate maternity leave. While these needs are entirely reasonable, they can sometimes be met with resistance from employers. Some may view pregnancy as a hindrance, leading them to consider wrongful dismissal because of pregnancy. They might worry about the impact on productivity, the costs associated with leave, or the potential need for temporary replacements. However, these concerns do not give employers the right to engage in wrongful firing because of pregnancy. Your job performance and your dedication to your work should not be questioned simply because you are expecting.
Common Reasons Employers Discriminate Against Pregnant Employees
Employers might prefer not to deal with pregnant employees for several reasons, often rooted in misguided assumptions or financial concerns. Some employers believe that pregnant employees will be less productive, take more sick leave, or be unable to fulfill their job duties effectively. Others may fear the impact of maternity leave on their business operations, worrying about finding temporary replacements or the potential for the employee not to return after giving birth. These fears can lead to unlawful termination because of pregnancy, where the employer unjustly fires an employee based on these assumptions rather than her actual performance.
Legal Protections Against Wrongful Termination Due to Pregnancy
Both state and federal laws provide robust protections against unjust firing because of pregnancy. Under federal law, the Pregnancy Discrimination Act (PDA) of 1978 is a key statute that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The PDA mandates that employers treat pregnancy the same way they would treat any other temporary disability, meaning that if an employer provides accommodations or leave for other medical conditions, they must do the same for pregnancy.
In California, the Fair Employment and Housing Act (FEHA) offers additional protections for pregnant employees. FEHA prohibits employers from engaging in wrongful firing because of pregnancy and requires them to provide reasonable accommodations, such as modified work duties or leave, to employees affected by pregnancy, childbirth, or related medical conditions. California’s Pregnancy Disability Leave Law (PDLL) further ensures that employees can take up to four months of leave for pregnancy-related disabilities, with a guarantee of returning to their job or a comparable position afterward.
The Family and Medical Leave Act (FMLA) is another critical federal law that applies to pregnancy. FMLA allows eligible employees to take up to 12 weeks of unpaid leave for the birth of a child and to bond with the newborn. Employers are required to reinstate employees to their original or an equivalent position upon their return from FMLA leave, safeguarding against wrongful discharge because of pregnancy.
How We Can Help
At Akopyan Law Firm, A.P.C., we have a deep understanding of the legal landscape surrounding pregnancy and employment. We are committed to fighting for the rights of women who have experienced unjust firing because of pregnancy. Our attorneys are well-versed in both state and federal laws, ensuring that you receive comprehensive legal representation tailored to your unique situation.
If you have been the victim of wrongful discharge because of pregnancy, we will work tirelessly to hold your employer accountable. Our goal is to help you obtain the compensation you deserve, whether through negotiation, mediation, or litigation. We understand the profound impact that wrongful firing because of pregnancy can have on your life, and we are here to guide you through every step of the legal process.
Employment Law Lawyers with Offices in Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, and Oxnard
At Akopyan Law Firm, A.P.C., we proudly serve clients throughout Los Angeles, Orange, Riverside, San Bernardino, Kern, and Ventura Counties. If you have been wrongfully terminated due to pregnancy, contact us today for a consultation. Our experienced attorneys are ready to fight for your rights and help you secure the justice you deserve. If you were fired for being pregnant, or a pregnancy related disability, call us today at (818) 509-9975 or contact us online to schedule a complimentary case evaluation. Unlawful termination because of pregnancy is not just an injustice to you; it is a violation of the law, and we are here to ensure that those laws are upheld. Our employment lawyers have experience in all aspects of employment law, including cases involving wrongful dismissal for pregnancy
California Regulation Pertaining to Wrongful Termination Due to Pregnancy
2 Cal. Code Regs § 11039
(a) Employer Obligations
(1) Except as excused by a permissible defense, it is unlawful for any employer to:
(A) refuse to hire or employ an applicant because of pregnancy or perceived pregnancy;
(B) refuse to select an applicant or employee for a training program leading to employment or promotion because of pregnancy or perceived pregnancy;
(C) refuse to promote an employee because of pregnancy or perceived pregnancy;
(D) bar or to discharge an applicant or employee from employment or from a training program leading to employment or promotion because of pregnancy or perceived pregnancy;
(E) discriminate against an applicant or employee in terms, conditions or privileges of employment because of pregnancy or perceived pregnancy;
(F) harass an applicant or employee because of pregnancy or perceived pregnancy, as set forth in section 11036;
(G) transfer an employee affected by pregnancy over her objections to another position, except as provided in section 11041(c). Nothing in this section prevents an employer from transferring an employee for the employer’s legitimate operational needs unrelated to the employee’s pregnancy or perceived pregnancy;
(H) require an employee to take a leave of absence because of pregnancy or perceived pregnancy when the employee has not requested leave;
(I) retaliate, discharge, or otherwise discriminate against an applicant or employee because she has opposed employment practices forbidden under the FEHA or because she has filed a complaint, testified, or assisted in any proceeding under the FEHA; or
(J) otherwise discriminate against an applicant or employee because of pregnancy or perceived pregnancy by any practice that is prohibited on the basis of sex.
(2) Except as excused by a permissible defense, it is unlawful for any employer to:
(A) refuse to provide employee benefits for pregnancy as set forth at section 11044, if the employer provides such benefits for other temporary disabilities;
(B) refuse to maintain and to pay for coverage under a group health plan for an eligible employee who takes pregnancy disability leave, as set forth at section 11044, under the same terms and conditions that would have been provided if the employee had not taken leave;
(C) refuse to provide reasonable accommodation for an employee or applicant affected by pregnancy as set forth at section 11040;
(D) refuse to transfer an employee affected by pregnancy as set forth at section 11041;
(E) refuse to grant an employee disabled by pregnancy a pregnancy disability leave, as set forth at section 11042; or
(F) deny, interfere with, or restrain an employee’s rights to reasonable accommodation, to transfer or to take pregnancy disability leave under Government Code section 12945, including retaliating against the employee because she has exercised her right to reasonable accommodation, to transfer or to take pregnancy disability leave.
(b) Permissible defenses, as defined at section 11010, include a bona fide occupational qualification, business necessity or where the practice is otherwise required by law.
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