What Do I Have to Prove During a California Pregnancy Discrimination Case?
The Los Angeles, California employment law attorney at the Leichter Law Firm, APC, Aryeh Leichter, knows that while pregnancy discrimination is illegal in all California workplaces, it continues each day throughout the state.
Women who are planning to become pregnant, who are pregnant, who are new mothers, or are experiencing other pregnancy-related conditions, are protected by multiple federal and state laws, including the Pregnancy Discrimination Act (PDA), California Fair Employment and Housing Act (FEHA), and Pregnancy Disability Leave (PDL).
When their rights are violated — from the hiring process, while they are working, or through wrongful termination — the pregnancy discrimination attorney in Los Angeles at the Leichter Law Firm, APC wants to help develop their cases for success.
How Can I Prove Pregnancy Discrimination is Occurring in the California Workplace?
Pregnancy discrimination requires proof that an employer took adverse action against a female employee because of her pregnancy or a related condition.
This can occur by providing direct evidence, circumstantial evidence, or both that workplace discrimination is occurring.
Direct pregnancy discrimination evidence may include the employer admitting to acting with discriminatory intent because you are pregnant. That means that the decision was made to demote, deny a promotion, or fire an employee because of pregnancy.
One example could be taking a new mother off a project because she “probably doesn’t want to travel while pregnant” or “would not want to leave your new baby to work out of town.”
Although employers know it is illegal to discriminate against an employee because of her pregnancy, it is common for them to admit that pregnancy played a role in their decision. This is direct evidence of pregnancy discrimination.
Circumstantial evidence of pregnancy discrimination requires pooling the facts of your case, taken together, which must make it more likely than not that discrimination was behind your employer’s action.
This could include an employer deviating from their usual practices, changes in their behavior, or acting in a way that does not make solid business sense without a sound explanation for change when it comes to the pregnant person’s employment.
Circumstantial evidence may also include suspicious timing for being passed over for a promotion, unfair treatment in comparison to other employees, or evidence showing the employer did not follow the usual termination plan, like failing to provide written warnings as outlined in the employee handbook.
In California pregnancy discrimination cases, timing is crucial. Unlike other protected characteristics, pregnancy is a temporary condition. If your employer started treating you differently shortly after learning of your pregnancy, that could lead to an inference of discrimination.
The Leichter Law Firm, APC will review the circumstances of your pregnancy discrimination case, so you understand your legal rights and options to hold your employer liable for your complete damages.
Contact the Leichter Law Firm, APC Pregnancy Discrimination Attorney in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.