Pregnancy is supposed to be a time of joy for you and your family; however, employers don’t always see it that way.
Some will fire or treat you unfairly because you’re pregnant— and that’s illegal in the state of California and directly in violation of EEOC’s Title VII.
Besides your career and finances, pregnancy discrimination can have serious consequences for you and your unborn child, including your health and future.
If you’re pregnant, breastfeeding, or have recently undergone childbirth and think your employer is discriminating against you or has unfairly fired you, here’s a list of what you should be documenting now for a potential pregnancy discrimination lawsuit.
Pregnancy discrimination is when a boss, manager, or company takes adverse employment action against you (reprimands, passes you up for promotion, strips non-hazardous responsibilities, fires you, or violates pregnant worker rights) simply because you’re pregnant.
The word “because” is key.
It could just be a coincidence that you’re pregnant and your boss is a jerk to you. I’ve met my fair share in Los Angeles during my years as a litigation attorney.
To prove a pregnancy discrimination case, you’ll need to show they’re treating you differently from your non-pregnant counterparts or violating your pregnant worker rights (Equal Employment Opportunities Commission, FMLA, see more below).
Does the company have any pregnant employee policy or guidelines? Their handbook may have language like “medical leave for a pregnant employee,” “reasonable accommodation for pregnant employees,” “pregnant employment applicants,” or any other pregnancy-related language.
Direct Evidence From Emails, Texts, or Letters From Employer
During any conversations between you and your boss, did your boss directly talk negatively about your pregnancy?
Did they guilt or talk down to you for requiring medical or maternity leave, refuse to offer accommodation for your pregnancy-related medical condition, not provide a time and space for breastfeeding, or mention a pregnancy-related reason for not hiring you or giving you the promotion you earned?
Even if subtle, hard evidence of their reasons best proves your case.
Expected to inhale toxins, lift heavy objects, or simply work in uncomfortable, hazardous conditions? Discreetly take some high-resolution photos of these.
Evidence of Coworkers Having Similar Experiences Pregnant
Did your employer treat another pregnant worker this way? Build a stronger case with evidence from others who’ve shared this awful experience at your work.
As a pregnant worker in Los Angeles or California, you’re protected by all sorts of laws— Pregnancy Discrimination Act (PDA), Family and Medical Leave Act (FMLA), Americans With Disabilities Act (ADA), Title VII of Equal Employment Opportunity Commission (EEOC), United States employment laws, and California’s state law.
If you’re in Los Angeles, pregnant, and believe you’ve experienced employment discrimination— Schedule your free consultation now.
Even if you’re not sure about filing, Azadian Law Group, PC helps you pinpoint, plan, and document your potential case— no pressure to file.