After spending so many hours every week at work, you should feel safe and respected by your co-workers. What happens when that changes due to your pregnancy? Did you miss out on a job opportunity, a promotion, a raise, or benefits because you took maternity leave? Worse, were you forced out of your job? Pregnancy discrimination is a real issue in many workplaces, and no one should tolerate it. At Moon Law Group, PC, our lawyers can aggressively advocate for your interests and help you hold your employer accountable if they violate your rights.
Since 2007, our firm has exclusively represented employees in Los Angeles and throughout California in disputes against their employers. We advocate for workers who have been mistreated, disrespected, and discriminated against, including women who have been subject to harassment and retaliation due to their being pregnant. As one of the largest plaintiff’s employment law firms in California, we at Moon Law Group have the experience, know-how, resources, and persistence needed to take on complex and labor-intensive employment matters.
Contact us today to schedule your free, no-obligation case review and learn how a Los Angeles pregnancy discrimination lawyer can make a difference. Your consultation is fully confidential, and you pay nothing unless we successfully resolve your matter.
How Can a Los Angeles Pregnancy Discrimination Attorney Help with My Case?
At Moon Law Group, our Los Angeles pregnancy discrimination attorneys have extensive experience advocating for the rights of expecting workers in state and federal courts. When you choose us to handle your discrimination case, you can have confidence knowing seasoned lawyers are in your corner.
Our law firm can work to ensure that your employer grants you the pregnancy leave you qualify for, as well as complies with your post-pregnancy employment rights. We can also fight to recover lost wages, bonuses, commissions, benefits, and any other compensation to which you may be entitled.
We are one of the largest plaintiff’s employment law firms in California, with a reputation for taking on complex and labor-intensive employment matters — and winning them. Our legal team can do the following for you:
- Help you understand your rights and eligibility for maternity leave programs, including the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Pregnancy Disability Leave Law (PDLL)
- File your parental leave claims, ensuring the paperwork is completed and submitted correctly and on time
- Negotiate with your employer to attempt to resolve discrimination for pregnancy and/or pregnancy leave disputes and secure any compensation they may owe you
- Represent you in court if a lawsuit is necessary
- Never charge you anything upfront to begin working on your case, with no fees unless we successfully resolve your matter
As skilled litigators, we at Moon Law Group are recognized in Los Angeles and across California for our aggressive approach to protecting employees’ rights. We have a solid track record in state and federal courts, as well as collective action and class action lawsuits. These suits enable large numbers of employees who are experiencing similar workplace injustices to take action to protect their rights.
Reach out to us today and discover the difference Moon Law Group can make for you.
What Are Examples of Pregnancy Discrimination?
If you’re unable to work due to your pregnancy or need special accommodations, your employer should be able to grant them to you. Failing to do so can be grounds for a pregnancy discrimination claim. In addition, pregnant employees who are subject to inappropriate comments and verbal harassment can take action against their employers.
Some examples of pregnancy discrimination may include the following:
- Forcing an employee to quit by creating a hostile or unbearable work environment
- Terminating an employee who has taken pregnancy-related leave
- An employer being unwilling to reassign duties that a pregnant employee can’t complete
- An employer being unwilling to grant a pregnant employee disability leave or unpaid leave
- An employer withdrawing a job offer upon learning about the applicant’s pregnancy
- Passing over a pregnant employee for promotion for a less qualified, non-pregnant employee
- Denying an employee’s training opportunities because of their pregnancy
- Participating in or allowing harassment related to an employee being pregnant or breastfeeding
- Co-workers, supervisors, or any other fellow employee making offensive or derogatory comments about the worker’s appearance or productivity
- Denying a private space for breastfeeding or breast milk pumping,
- Refusing to grant time off for medical appointments
- Restricting or limiting maternity leave
- Retaliation, which is taking adverse action against a worker for reporting pregnancy discrimination or taking legal action
- Other decisions your employer makes, based on your pregnancy
An employer who isn’t willing to provide the expected provisions before, during, and after your pregnancy may be subjecting you to discrimination because of your pregnancy. If you’re not sure whether an employer has discriminated against you, reach out to Moon Law Group today. A Los Angeles pregnancy discrimination attorney can help answer your questions and explain your legal options.
What Are California’s Maternity Leave Laws and Protections?
California provides some of the strongest workplace protections for expectant mothers in the nation. Employees’ rights are protected by multiple state and federal laws that safeguard jobs during pregnancy-related leave.
The following are the three primary laws that work together to protect pregnant employees in California workplaces.
Family and Medical Leave Act (FMLA)
This federal law provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. To qualify, you must have worked for your employer for at least 12 months, accumulated at least 1,250 hours of service during the previous 12-month period, and work at a location where the company employs 50 or more workers within 75 miles. Workers may use FMLA leave for the birth and care of a newborn child, adoption, or foster placement.
California Family Rights Act (CFRA)
Similar to the FMLA, this state law provides up to 12 weeks of unpaid, job-protected leave. While it shares many eligibility requirements with FMLA, CFRA offers additional protections. Notably, CFRA leave can be taken in addition to leave related to disability for pregnancy, potentially extending your total available leave time. This means California employees may be entitled to more protected leave than under federal law alone.
Pregnancy Disability Leave Law (PDLL)
This California-specific protection allows up to four months of job-protected leave for employees who are disabled by pregnancy, childbirth, or related medical conditions. Unlike the FMLA and CFRA, there is no minimum number of hours worked or length of service requirement to qualify. The PDLL applies to employers with five or more employees and covers the time you are actually disabled, as certified by your healthcare provider.
When used in combination, these federal and California pregnancy laws can provide extensive protection during your maternity leave. During your leave, your employer must maintain your health benefits and return you to the same or a comparable position upon your return to work.
If your employer denies your legally protected leave, pressures you to return early, or takes adverse action against you for utilizing these benefits, they may be violating state and federal law. At Moon Law Group, our attorneys can help you understand your situation and pursue appropriate legal action. Contact us today to schedule your free, confidential case evaluation
Pregnancy Discrimination Act (PDA)
Pregnant women are protetced under the Civil Rights Act of 1964. The Pregnancy Discrimination Act (PDA) is an amendment to this act that prohibits any type of discrimination based on childbirth, pregnancy or any related medical conditions.
What To Do If Your Employer Has Discriminated Against You
Ultimately, working with an attorney is the best way to protect your rights if you’re facing discrimination. However, there are several steps you can take before and after you’ve found a lawyer you trust, including the following:
- Keep a record of the discrimination, including any written exchanges, videos, or pictures that could be used as evidence.
- Speak to the HR department in your company to understand your rights.
- Obtain proof that the quality of your work hasn’t decreased and keep any emails or messages containing praise from co-workers or clients.
You deserve to be rewarded for your hard work. Don’t let a disrespectful employer make you feel unappreciated because they did not stop maternity discrimination or deny your pregnancy rights under California and federal law. Call our firm today to learn more about how we can help you fight for the justice you deserve.
What Compensation Can I Recover in a Pregnancy Discrimination Lawsuit?
If you’ve been subject to demotion, harassment, or workplace retaliation due to your pregnancy, were fired after your pregnancy, or were denied time off work under state and federal maternity leave laws, you can pursue compensation.
A pregnancy discrimination lawsuit can provide you with financial recovery and legal relief, with damages including the following:
- Back pay, such as base wages or salary, overtime, tips, commissions, bonuses, or other fringe benefits
- Front pay you will lose out on because you were wrongfully terminated or denied job opportunities
- Non-economic damages, which account for distress, emotional trauma, or medical complications due to an employer’s denial of reasonable work accommodations
- Injunctive relief, such as job/position reinstatement or a court order that will require your employer to provide you with reasonable accommodations
- Punitive damages, which serve to punish your employer for intentionally or willfully violating your employment law rights
How Long Do I Have to File a Pregnancy Discrimination Claim in California?
In California, you generally have three years to file a pregnancy discrimination complaint with the California Civil Rights Department (CRD). The CRD may issue a “right-to-sue” notice, which would allow you to file a lawsuit in court within one year of the notice being issued.
You also have three years to file a claim under the state’s Fair Employment and Housing Act (FEHA), and you may also file a complaint with the federal Equal Employment Opportunity Commission (EEOC), although that deadline is typically 300 days.
In cases alleging a denial of FMLA leave, or retaliation for requesting or taking FMLA leave, you must file your claim within two years of the alleged act or three years if your employer willfully violated your FMLA rights. You may also file FMLA claims with the U.S. Department of Labor’s Wage and Hour Division.
Because each pregnancy discrimination case is different, your best bet is to reach out to us at Moon Law Group to schedule a free, no-obligation case review. By doing so, a pregnancy discrimination lawyer in Los Angeles can assess your situation to determine which agency would be most appropriate to file your claim.
Contact a Los Angeles Pregnancy Disability Attorney Today
If you believe you have been discriminated against based on your pregnancy and childbirth, you have legal protections — and Moon Law Group is here to defend them. Get in touch with us today to schedule your free, no-obligation consultation and discover how we can help you demand accountability and financial recovery from your employer. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.