What is Pregnancy Discrimination?
Workplace or applicant discrimination based on pregnancy, delivery, or related medical problems is illegal. Discrimination against pregnant workers frequently originates from biases or misconceptions about how pregnancy affects job performance. Some employers won’t hire or promote a pregnant employee. Pregnant women may also be denied reasonable accommodations for pregnancy-related medical needs, including frequent doctor visits, morning sickness, or workday rest.
Here are impactful and compelling points to understand and identify pregnancy discrimination:
- Due to commitment and absenteeism concerns, employers may not hire pregnant or planned pregnant applicants. This is unjust and illegal.
- Pregnant workers may be demoted or given less attractive jobs for business reasons. This employment change may be a covert attempt to get them to quit.
- Poor performance or policy infractions often justify dismissals. These may be subtle pregnancy discrimination measures.
- Pregnant women may face workplace insults, jokes, and expulsion from critical meetings. Employers may dismiss these as jokes.
- Expecting women may lose maternity leave or health insurance. While employers may excuse these cuts as cost-cutting, they are discriminatory and illegal.
- Employees who report pregnancy discrimination may be demoted, scrutinized, or fired. Their legal rights are violated.
What Kinds of Pregnancy Discrimination Cases are there?
Wrongful termination includes scenarios where an employer unlawfully dismisses an employee. Understanding these different types of wrongful termination is essential for recognizing when your rights have been violated. Here are some detailed examples:
- By retaliating against legal rights holders, employers may contravene public policy. This includes Family and Medical Leave, Jury service and Whistleblowing.
- Fraud or misrepresentation by employers can cause wrongful termination. This may involve false accusations of wrongdoing and Misleading Promises.
- Discriminatory termination entails firing an employee for protected traits like race, Gender discrimination, age discrimination, and other protected characteristics.
- Some wrongful termination claims involve the implicit duty of good faith and fair dealing violations, such as Bad Faith Actions and Fair Dealing Violations.
- Establishing implied contracts for continued employment, such as Employment Policies, Oral Agreements, and Customary Practices.
How to Overcome Your Employer’s Reason for Firing You Due to Pregnancy Discrimination?
A wrongful termination due to pregnancy discrimination at work might be scary. Employers often hide discriminatory behaviour under legitimate justifications, making wrongful termination challenging to prove. You can overcome your employer’s reasons for firing you with the correct approach and evidence. Here’s how to address and counteract pregnancy discrimination:
- Collect all proof of pregnancy discrimination first. Record employment performance, promotions, and awards. Save any that may suggest discrimination or contradict the employer’s termination reasons.
- If your employer blames poor performance for termination, show proof of your good work. Review favourable performance assessments before and during pregnancy.
- Find contradictions in your employer’s firing reasons. This shows that non-pregnant employees were treated differently for similar performance difficulties or policy violations.
- Keep records of pregnancy-related accommodation requests if they caused your termination. Documented accommodation requests to HR or your supervisor.
- Use PDA and FMLA laws to prevent pregnancy and discrimination. Showing that your employer broke the law can help your case. Witness testimony might strengthen your case.
- An experienced pregnancy discrimination attorney can advise and represent you. They will analyze your case, evaluate your evidence, and recommend a legal strategy.
- If required, submit an EEOC complaint or lawsuit. Examine witnesses and make compelling legal arguments to prove your case.
What is the Law in California for Pregnancy Discrimination in the Workplace?
In California, pregnancy discrimination is addressed through several laws and protections to ensure fair treatment for pregnant employees. Here are the key points:
- California Fair Employment and Housing Act (FEHA)
- California Labor Code
California Labor Code
The California Labor Code is a set of laws that govern the relationship between employers and employees in California, focusing on workers’ rights, wages, safety, and other employment-related matters. It is designed to protect employees and ensure they receive fair treatment in the workplace while also outlining employers’ obligations and responsibilities.
Termination and severance rules are also outlined, ensuring that employees are not unjustly fired and are entitled to final wages and benefits upon separation. Lastly, the code covers worker’s compensation, setting out rules for providing benefits to injured employees. Overall, the California Labor Code is a comprehensive set of regulations that ensures the protection and rights of employees while balancing the responsibilities of employers.
California Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) is a key piece of state legislation to protect individuals from discrimination, harassment, and retaliation in employment and housing. Enacted in 1959, FEHA ensures that employees and applicants are treated fairly and equitably in the workplace, regardless of various personal characteristics.
The law also prohibits retaliation against employees who report discrimination or participate in investigations related to discrimination claims. FEHA requires employers to make reasonable accommodations for employees with disabilities and those affected by pregnancy, childbirth, or related medical conditions.
Conclusion
In conclusion, showing pregnancy discrimination in a wrongful termination lawsuit demands extensive documentation and proof to refute your employer’s legal reasons for firing you, such as poor performance or business needs. Working with one of the best employment law firms, you can fight discrimination and get justice by carefully gathering records, witness statements, and legal protections. Contact our expert pregnancy discrimination attorneys at United Employees Law Group if you believe you were unlawfully terminated due to pregnancy discrimination. Schedule a free appointment today to fight for your rights with our pregnancy discrimination attorney and get the pay you deserve.
