Long Beach Pregnancy Discrimination Lawyer

Long Beach Pregnancy Discrimination Attorney

Pregnancy is a joyous occasion that brings a lot of change into one’s life. California provides strong protections for pregnant employees who reside in Long Beach and all over the state. If your rights have been violated at your workplace because of pregnancy, you should consider contacting an experienced Long Beach pregnancy discrimination lawyer who can assist you with the right legal actions to take.
You can contact You can contact The Law Office of Briana Kim for expert legal support. Schedule your free consultation today! for expert legal support. Schedule your free consultation today!

Briana Kim, PC, provides compassionate legal representation to members of the Long Beach community in various employment law matters. Our experienced employment lawyer team is adept at handling pregnancy discrimination cases in California. We work diligently to secure your employee rights so you can focus on this new and exciting stage in your life.

Rights Afforded to Pregnant Individuals in California

Labor laws at the state and federal levels work in conjunction to secure certain rights for pregnant employees, including the right to a healthy work environment and protection against retaliation and termination based on their status.

Protections Against Discrimination at Work

Pregnancy is a protected characteristic under the category of sex per Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA). As such, a worker is protected from discrimination by their superiors, colleagues, vendors, or clients due to their pregnancy. This includes harassment, changes in pay or work duties, demotions, and termination.

Workplace Accommodations

Employers are also expected to provide reasonable accommodation to pregnant workers per the FEHA and the Pregnant Workers Fairness Act. Accommodations may include temporarily modifying an employee’s schedule or work duties and providing additional breaks throughout the day. Employers may also require a medical certification from a healthcare provider justifying certain accommodation requests.

Time Off From Work

Pregnant workers and their spouses may be entitled to leaves of absence if they work for a qualifying employer.

• Leave Under FMLA: Employees may take up to 12 weeks of unpaid leave following the birth of a child if they have worked for an employer for a minimum of 12 months and have put in at least 1,250 hours of work in the preceding 12 months. They are afforded the right to return to their job or a job with similar benefits and duties upon the end of their leave. Employers must also maintain their employee’s health insurance coverage.
• Leave Under CFRA: California’s Family Rights Act (CFRA) offers similar coverage to the FMLA but extends its provisions to a broader range of employees and family members, including domestic partners.
• Time Off Under PDL: California’s Pregnancy Disability Leave (PDL) is a law that permits up to 4 months of absence from work. Under PDL, an employee who has specific pregnancy-related medical conditions and who needs additional time off may provide their employer with sufficient notice to procure the necessary leave. PDL can be obtained through a medical certification from a healthcare provider.

An employee who secures time off based on any of the above laws may not be entitled to additional compensation from their employer. However, they may cover their leave with accrued vacation or sick leave, or if eligible, they may apply for financial assistance through California’s Employment Development Department.

Examples of Pregnancy Discrimination in the Workplace

Pregnancy discrimination in the workplace can take different forms. Being aware of your rights as a pregnant worker is essential to protect your career and financial future. Some examples of pregnancy discrimination at work include:

• Denial of Leave: Employers may not adequately educate their employees about their rights under FMLA, CFRA, and PDL. They may also tell pregnant workers that they are not entitled to time off, even if they are.
• Workplace Retaliation: If seeking information about FMLA/CFRA or requesting accommodation at work or time off from work results in pay reduction, unrequested changes in work responsibilities, write-ups, and workplace harassment, it may constitute workplace discrimination, specifically workplace pregnancy discrimination.
• Wrongful Termination: Being terminated from your job for requesting benefits or accommodations or not being allowed to return to your position if it still exists is another example of pregnancy discrimination at work.

Role of a Long Beach Pregnancy Discrimination Lawyer

At times, it may be possible to resolve pregnancy discrimination issues directly with your employer. However, you may need to pursue legal action in some cases. A Long Beach pregnancy discrimination lawyer can play a pivotal role in securing your employment rights.

• Examining Your Case: A pregnancy discrimination lawyer can assess the facts of your case by reviewing any evidence available and listening to your side of the story. They may recommend the appropriate course of action for your case.
• Assist With a Complaint: A knowledgeable attorney may assist you in filing a pregnancy discrimination claim with the appropriate authorities. They can help you gather the necessary documents to submit the claim and review your complaint to ensure that it has a strong chance to succeed.
• Support You Through the Process: Whether you are required to participate in a settlement conference, a hearing, or to go in front of a jury, a seasoned attorney can explain the legal options available to you throughout the process and may represent you in front of authorities.

FAQs

What Is the Average Settlement for Pregnancy Discrimination?

Since each pregnancy discrimination case is unique, there is no average settlement amount. Through the litigation or administrative process, a worker may receive compensation for unpaid wages, financial damages for emotional distress caused by the actions of their employer, and payment of attorney’s fees. They may also be restored to their former position if it is still available.

How Do You File a Claim for Pregnancy Discrimination?

You may file a claim with your employer for pregnancy discrimination in California by filing a complaint with the state’s Civil Rights Department or with the Equal Employment Opportunity Commission (EEOC). In certain cases, you may request a right-to-sue letter from either agency and file a civil claim against your employer in a California court.

How Hard Is It to Prove Pregnancy Discrimination?

How hard it is to prove pregnancy discrimination depends on the facts of the case. An employee should be able to show the discrimination through evidence and testimony of witnesses if they are readily available. Evidence can include employment or health records. Having a skilled pregnancy discrimination attorney may help increase the chances of success in your case.

How Long Does It Take to Settle a Pregnancy Discrimination Claim?

The timeline for a pregnancy discrimination claim can vary based on different factors. Both the CRD and the EEOC may set deadlines for providing information and investigating your case. If your case is handled by a California court, the timeline for your case to be resolved is dependent on the court’s schedule and your employer’s willingness to settle the case.

Get Help With Your Pregnancy Discrimination Case Today

Briana Kim, PC, is ready to assist you or your loved one with your pregnancy discrimination case. We have an extensive track record of successfully litigating employment discrimination cases for both English-speaking and Korean-speaking clients in Long Beach. Contact us today to discuss your case.