Modesto Pregnancy Discrimination Lawyer

Modesto Pregnancy Discrimination Attorney

At Asbill Law Group, our Modesto pregnancy discrimination lawyer is here to help. We understand that starting or expanding your family is an exciting and major life event. Our legal team can fight hard to make sure you get equal treatment at work both before and after having a child. You shouldn’t have to choose between your family and your chosen career. Thankfully, state and federal laws protect pregnant workers from being discriminated against.

Pregnancy Discrimination

At work, your employer can’t discriminate against you because of your pregnancy or even a perceived pregnancy. An employer cannot:

• Remove your position or fire you.
• Demote you.
• Fail to provide reasonable accommodations for you.
• Refuse to give you a requested leave of absence under the Family and Medical Leave Act (FMLA).
• Refuse to give you requested leave under California’s Pregnancy and Disability Leave law (PDL).
• Harass you or allow anyone else to harass you at work.
• Refuse to reinstate you at your position after your maternity leave.
• Take any other adverse or negative employment action towards you in retaliation for exercising your pregnancy rights in the workplace.

Pregnancy Discrimination Actions

Pregnancy discrimination can happen when an employee is illegally or adversely treated by an employer due to the employee:

• Expecting a child
• Recently giving birth
• Having a medical condition that’s related to childbirth or pregnancy

Pregnancy discrimination could occur when:

• A pregnant worker is passed over for a promotion or position that goes to a less-qualified, non-pregnant co-worker.
• A company terminated a pregnant employee who was consistently performing well.

It is important to note that pregnancy discrimination has not occurred when:

• A company includes a pregnant worker as part of general layoffs.
• An employer does not give special and/or preferential treatment to pregnant individuals.

Important Laws

Businesses are prohibited from making decisions regarding employment based on an employee’s pregnancy or related medical situation. This includes decisions about job duties, compensation changes, hiring, or termination. Specifically, employers cannot:

• Force a pregnant worker to stop working when the employee is able to perform their duties.
• Exclude pregnant workers from specific duties under the appearance of “protecting the baby.”
• Make assumptions about their workplace performance capabilities based on knowing about an employee’s pregnancy.
• Deny FMLA rights.

Timing of Pregnancy Events

For a valid workplace pregnancy discrimination claim, the workplace discrimination action should happen contemporaneously with the pregnancy. A valid cause of action for discrimination is more likely if your employer took action against you after you gave birth, after you announced your pregnancy, or after your return from maternity leave.

Documenting Performance in the Workplace

If your discrimination case involves a firing or other punitive action taken against you, you should ensure you have copies of job performance evaluations. They can become an important piece of evidence in your claim.

If your performance or work output declined, regardless of whether it was related to your pregnancy, it might be pointed out by your employer as an underlying reason for taking the adverse action against you. An employer can take an adverse action for no reason or any reason, just not for an illegal reason like pregnancy discrimination.

Policy and Procedure Violations

To bring a workplace pregnancy discrimination claim, there typically must be a difference between your treatment as a protected pregnant worker and the standard procedures of your company. For example, if your company terminated your employment and didn’t follow the standard written procedures as outlined in your company HR materials, you may be able to argue pregnancy discrimination.

If your employer made an adverse decision against you based on your pregnancy or childbirth that impacted your job, work status, hours, or benefits, you may have a pregnancy discrimination case, and you can contact an attorney to protect your rights.

FAQs

What Is the Average Settlement Amount for Pregnancy Discrimination in Modesto, CA?

The average settlement amount for pregnancy discrimination in Modesto, CA varies depending on the case specifics. Some settlements reach higher recovery amounts based on factors like the severity of the discrimination, the specific employee’s lost wages, the emotional distress experienced, and the size of the business.

Each pregnancy discrimination case is unique, so settlement amounts vary. An experienced attorney can help estimate your recovery based on your circumstances.

How Much Does a Pregnancy Discrimination Lawyer Cost in California?

The cost of a California pregnancy lawyer can vary depending on several different factors. One of the most important factors is the lawyer’s fee structure. Some employment lawyers may charge hourly fees, and some may charge flat fees for their services. It’s important to discuss a lawyer’s fees during the initial consultation.

What Evidence Is Necessary to Prove Discrimination During Pregnancy?

To prove discrimination during pregnancy, you can gather evidence to support your case, such as:

• Written documentation like emails or reports regarding discriminatory incidents
• Medical records
• Witness statements
• Statements of comparison to non-pregnant employees
• Company policies
• A timeline of pregnancy events
• Evidence of changed employer behavior or deviations from usual policies
• Performance reviews

Also, a legal professional could help assess your case, answer legal questions, and help you compile evidence to support your claim.

How Do You Win a Pregnancy Discrimination Case?

To win a pregnancy discrimination case, you must prove, using a variety of evidence, that you received treatment different from other, similarly-situated employees, and the difference was because of your pregnancy. You must show that the pregnancy was a substantial underlying reason for an adverse employment action, like a demotion, a write-up, or a termination, and that other non-pregnant employees were treated differently.

Contact the Asbill Law Group for Your Pregnancy Discrimination Questions

We are dedicated to fighting for workplace justice, including the equitable treatment of pregnant employees in California. If you believe you were treated unfairly at work because of your pregnancy, please contact us right away to discuss your specific case and evaluate your potential legal options. With our legal team on your side, you can trust that your rights will be protected. The sooner you get our team engaged, the sooner we can pursue justice on your behalf.