If you have been treated unfairly at work, suffered adverse employment actions, or been wrongfully terminated because of your pregnancy in San Diego, you may be a victim of pregnancy discrimination. You could be eligible to recover financial compensation by holding your employer accountable.
Contact Fairchild Employment Law for a free consultation about a potential case. Our San Diego employment lawyers will listen to your story, explain your legal rights, and guide you through the next steps to take to seek justice.
Why Choose Us?
- We have decades of experience advocating for victims of pregnancy discrimination in California. Jillian Fairchild has extensive experience in all phases of discrimination litigation.
- Jillian has 15 years of experience working on the other side as a defense lawyer. She knows what defense tactics your employer will use and how to counter them with strong evidence and arguments.
- We take pregnancy discrimination cases in San Diego on a contingency fee basis, meaning you won’t pay us unless we secure financial compensation on your behalf.
How an Employment Lawyer Can Help
An employment lawyer with experience handling pregnancy discrimination cases will be able to zealously advocate for you in and out of the courtroom. An attorney can investigate your situation, gather evidence of pregnancy discrimination, and take legal action to hold your employer responsible. With an attorney in your corner, you can improve your chances of achieving a successful case result and maximizing your financial outcome.
What is Pregnancy Discrimination?
Pregnancy discrimination is the unlawful act of an employer treating an employee unfairly because the employee is pregnant, has given birth, or has a pregnancy-related medical condition. It is a type of sex discrimination that is prohibited by Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA).
These laws grant California employees the right to be free from discrimination and hostile work environments due to protected classes, including sex and pregnancy status. It also requires employers to offer reasonable accommodations for pregnancy as a medical condition. In addition, state law gives California mothers up to four months of job-protected pregnancy disability leave with the continuation of health insurance benefits.
What Are Some Examples of Discrimination Against Pregnant Employees?
Pregnancy discrimination happens when an employer treats a worker unfairly because they are pregnant, gave birth, or have a related medical condition. This kind of behavior is against both California and federal law. Sometimes discrimination is clear, while other times it’s more subtle and hidden behind excuses.
Here are some common examples of pregnancy discrimination in the workplace:
- Refusing to hire someone because they are pregnant or could become pregnant
- Demoting an employee after learning about the pregnancy
- Denying reasonable accommodations, like lighter duties and time off for doctor visits
- Firing an employee while they are on maternity leave
- Cutting pay or work hours after a pregnancy announcement
- Making rude comments about a pregnant worker
- Failing to provide a private space and time for lactation after childbirth
These actions can potentially break both the FEHA on the state level, as discussed above, in addition to the federal Pregnancy Discrimination Act (PDA). In California, employers with at least five workers must follow these laws and others as applicable, like the California Family Rights Act (CFRA). If you’ve faced any of these situations, you may have a successful legal claim.
Who Qualifies for a Pregnancy Discrimination Claim?
You can file a pregnancy discrimination claim if your employer mistreated you in some way because of pregnancy, childbirth, or a related medical condition. This can include being fired, demoted, denied leave, and being treated differently from other employees, to reiterate a few of the examples discussed previously.
You don’t have to show that pregnancy was the only reason for the unfair treatment, just that it played a role in your employer’s decision. The law protects all types of workers, including full-time, part-time, and temporary employees, as well as job applicants.
California also provides extra protection through its Pregnancy Disability Leave law. This allows eligible employees to take up to four months of job-protected leave if they are disabled due to pregnancy or childbirth. After that, many workers can take another 12 weeks of leave under the CFRA to bond with their new baby.
If your employer denied you leave, refused to make reasonable adjustments for you, or retaliated after you asked for accommodations, you may be entitled to file a claim.
Your Rights as a Victim of Pregnancy Discrimination in San Diego
If you were wrongfully terminated shortly after announcing your pregnancy, refused a job because you are pregnant or may become pregnant, or were refused reasonable accommodations or leave that you are entitled to by law, you most likely have grounds for a pregnancy discrimination case in San Diego.
Filing a formal complaint against your employer could result in a settlement that pays you for losses such as:
- Backpay (unpaid wages owed)
- Interest on unpaid wages
- Lost employment benefits
- Used vacation days or sick leave
- Compensation for emotional distress
- Attorney’s fees and court costs
- Job reinstatement, if applicable
- Punitive damages, in some cases
An attorney from Fairchild Employment Law can help you seek maximum financial compensation for pregnancy discrimination through aggressive settlement negotiations or, if necessary, court litigation. We recently achieved a $150,000 case result for a pregnancy discrimination client in California.
What Is the Statute of Limitations for Pregnancy Discrimination in California?
You only have a limited time to take legal action after experiencing pregnancy discrimination. In California, most workers must file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act.
If you choose to file a federal claim with the Equal Employment Opportunity Commission (EEOC), the time limit is usually 300 days from the date of the incident if state law also applies. However, in select cases, the time limit might be 180 days instead.
After filing with the CRD or EEOC, the agency will either investigate or give you a “right-to-sue” letter so you can move forward with a lawsuit in court.
Since these deadlines can be complicated to determine, it’s best to talk with a pregnancy discrimination lawyer in San Diego as soon as possible. A qualified attorney can help you file your claim correctly and on time.
Contact Us for a Free Pregnancy Discrimination Case Evaluation in San Diego
California has some of the strongest anti-discrimination laws in the nation. Let Fairchild Employment Law help you protect your rights, pursue justice for your losses, and hold an employer accountable for a case of pregnancy discrimination. As your employment law attorneys in San Diego, we will go above and beyond to make sure you have everything you need during this difficult time. Call (619) 306-1454 or send us a message to schedule your free case review today.