Pregnancy Discrimination in the Workplace Lawyer

Pregnancy Discrimination in California: Protecting Your Career and Your Family

Becoming a parent should be a time of joy, not job insecurity. In California, it is strictly illegal for an employer to treat a job applicant or employee unfavorably due to pregnancy, childbirth, or related medical conditions.

At Mesriani Law Group, we believe that starting a family should never cost you your livelihood. Our Los Angeles pregnancy discrimination attorneys are dedicated to holding employers accountable and securing the justice you deserve.

What Qualifies as Pregnancy Discrimination?

Pregancy discrimination occurs when an employer makes a negative employment decision based on your pregnancy status or your intent to become pregnant. Under the California Fair Employment and Housing Act (FEHA), any employer with five or more employees must follow strict anti-discrimination laws.

Common Examples of Discrimination

• Hiring Bias: Refusing to hire a qualified candidate because she is pregnant or “might” become pregnant soon.

• Adverse Actions: Firing, demoting, or cutting the pay of an employee after learning of her pregnancy.

• Accommodation Failures: Refusing to provide “reasonable accommodations,” such as allowing for more frequent breaks or lifting restrictions.

• Harassment: Allowing offensive jokes, insults, or a hostile work environment related to pregnancy.

• Lactation Rights: Discriminating against an employee who needs to breastfeed or pump at work.

Understanding Your Leave Rights

California offers a robust “safety net” of leave laws. Depending on your situation, you may be entitled to several types of protected time off:

1. Pregnancy Disability Leave (PDL)

Under California’s Pregnancy Disability Leave Law (PDLL), if you are “disabled by pregnancy,” you are entitled to up to four months of unpaid, job-protected leave. This covers conditions like severe morning sickness, gestational diabetes, preeclampsia, or postpartum depression.

2. Bonding Leave (CFRA & FMLA)

The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) provide up to 12 weeks of job-protected leave to bond with a new child (via birth, adoption, or foster care).

3. The New Parent Leave Act

This acts as a bridge for those working at mid-sized companies (typically 20–49 employees), ensuring that even more workers have access to protected bonding time without fear of losing their jobs.

What to Do If You Are Being Discriminated Against

If you suspect you are being targeted at work, take these steps to protect your legal rights:

• Document Everything: Keep a private journal (not on work equipment) detailing dates, times, and witnesses of discriminatory comments or actions.

• Keep Records: Save copies of performance reviews, emails, and the employee handbook.

• Report Internally: Use your company’s formal grievance process to create a paper trail of your complaint.

• Do Not Quit: Resigning can make it significantly harder to win a lawsuit. Always consult with a lawyer before making a decision to leave.

• Consult an Expert: Contact an attorney to evaluate your case through direct or circumstantial evidence.

How We Prove Your Case

To win a pregnancy discrimination claim, we generally must establish four elements:

1. Applicability: State or federal laws apply to your employer.

2. Adverse Action: You were fired, demoted, or denied a benefit.

3. Motivation: Your pregnancy or related condition was a “motivating factor” in that action.

4. Harm: You suffered financial or emotional damages as a result.

Recoverable Damages

Victims of discrimination may be entitled to:

• Lost Wages and Back Pay

• Emotional Distress (Pain and Suffering)

• Job Reinstatement

• Attorney’s Fees and Court Costs

• Punitive Damages (in cases of extreme or malicious behavior)

Fight Back with Mesriani Law Group

The legal process for discrimination—starting with the EEOC or the California Civil Rights Department (CRD)—is complex. Our team handles the heavy lifting, from filing administrative claims to representing you in court.