Pregnancy Discrimination

Under both federal and California state law, it is illegal for an employer to discriminate against a woman based on pregnancy. Pregnancy discrimination occurs when a pregnant woman is treated less favorably than a similarly situated person who is not pregnant. Under both federal and California state law, it is illegal for employers to discriminate based on a number of different personal characteristics one of which is pregnancy. Despite long-standing federal and state regulations, pregnancy discrimination remains a problem in the workplace. Employers who discriminate against pregnant women face serious consequences and victims of such discrimination have the right to pursue compensation. If you or someone you know has been the victim of pregnancy discrimination and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Pregnancy Discrimination Lawyer who will make sure the employer is held accountable or his or her discriminatory actions.

Applicable Laws

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940 is one of the strongest set of regulations designed to protect employees against workplace discrimination. FEHA’s broad coverage protects not only pregnant women from discrimination, but also prohibits discrimination in the workplace based on a person’s sex, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sexual orientation. FEHA, however, does not apply to every workplace. It applies only to employers who have at least 5 employees. FEHA is enforced by California's Department of Fair Employment and Housing.

Title VII of the federal Civil Rights Act of 1964 also prohibits employers from discriminating against employees on the basis of pregnancy. It generally applies to employers with 15 or more employees, including federal, state, and local governments, and is enforced by the Equal Employee Opportunity Commission.

Discriminatory Actions

Pregnancy discrimination can be based on actual pregnancy, childbirth or medical conditions related to the pregnancy. Common actions that may amount to pregnancy discrimination include:

• Firing during the pregnancy
• Denial of promotions
• Denial of maternity leave
• Denial of training
• Demotions
• Denial of time off for medical needs
• Denial of work accommodations appropriate for pregnant employee
• Refusal to transfer employee to less strenuous assignment
• Failure to Supply a Position of Employment upon Return from Maternity Leave
• Other Hostile Work Environments

In addition, it is illegal for employers to retaliate against employees for having complained about or reported pregnancy discrimination.

Example

In Cochran v. CBS Corporation, Cochran claimed that was employed by CBS Corporation and other employers as a model on a TV game show from July 2002 through February 2010. Cochran claimed that after she announced her pregnancy to her employers, she was discriminated against, harassed and retaliated against. Cochran claimed that they made remarks about her appearance, weight, pregnancy and eating habits. In addition, they removed her from the TV show's website, and did not allow her to return to work after her pregnancy leave. Cochran also claimed that she was fired after her employers refused to schedule her to work for months. The case went to trial and the jury awarded Cochran more than $8,500,000, including $7,700,000 in punitive damages.

Bringing an Action for Pregnancy Discrimination

If you believe that you are the victim of pregnancy discrimination, the law allows you to bring a claim against your employer under FEHA or under Title VII of the federal Civil Rights Act. You may be entitled to several different types of compensation including back pay, emotional distress, punitive damages, and attorney’s fees. However, it is important to act quickly as pregnancy discrimination claims are subject to statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Under Title VII the statute of limitations is normally 180 days after date of the discriminatory act, while a claim based on FEHA must be filed with the Department of Fair Employment and Housing within one-year of the alleged discriminatory act. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

Los Angeles Pregnancy Discrimination Lawyer

If you believe that you are the victim of pregnancy discrimination, you should discuss the specifics of your case with an experienced employment lawyer. Employment discrimination based on pregnancy is illegal. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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