Mission Viejo Maternity & Paternity Leave Discrimination Lawyer

Mission Viejo Maternity & Paternity Leave Discrimination Attorney

As a worker in California, you are protected by state and federal laws if you take leave for a pregnancy, whether it’s your own or your partner’s. These protections also extend to adoptive parents. However, many employers discriminate against workers who take family leave to welcome a new child. If this has happened to you, a Mission Viejo maternity & paternity leave discrimination lawyer can defend your rights and fight for the compensation you deserve.

About The Law Office of Briana Kim

Briana Kim, PC, can fight for the compensation you deserve following pregnancy leave discrimination. We offer the attentive representation you deserve, making sure you never feel like just another case. We fight for workers who have been wrongfully terminated or mistreated by their employers due to pregnancy.

What Is Maternity and Paternity Leave Discrimination?

Maternity or paternity leave discrimination occurs when an employer punishes employees or treats them unfairly for taking time away from work for pregnancy, for the birth of a child, or to care for and bond with a new child. Examples of direct discrimination related to pregnancy leave include:

• Firing
• Demotion
• Denied promotion
• Denied leave
• Harassment or stigmatization
• Denying fathers or adoptive parents the same length of leave as mothers

There are also indirect forms of discrimination, such as basing bonuses on attendance or failing to provide appropriate alternatives for training and professional development while an employee is on leave. If you’re unsure whether your employer’s actions constitute discrimination, contact a pregnancy discrimination lawyer to discuss your case and learn about your options.

Proving Pregnancy Leave Discrimination

One in five mothers reports that they’ve been subject to discrimination due to pregnancy at work, but many don’t file a claim or take legal action. This is largely because proving discrimination can be quite difficult. In fact, 74% of pregnancy discrimination cases filed with the Equal Employment Opportunity Commission do not result in monetary compensation to workers. That’s why it’s so important to collect compelling evidence.

To prove discrimination, a Mission Viejo maternity & paternity leave discrimination attorney can review:

• Company human resources policies
• Correspondence between supervisors and other employees
• Emails or other messages sent to you from management
• Your medical records
• The treatment other employees receive
• Witness testimony

If it’s not possible to establish that you were directly discriminated against via written communications or a witness statement, your attorney can use other evidence to establish a pattern of negative behavior by your employer. This can show how they’ve mistreated other workers similarly when they took pregnancy leave. Circumstantial evidence that establishes this pattern can be just as compelling.

Compensation for Maternity and Paternity Leave Discrimination

If you’ve been the victim of maternity or paternity leave discrimination, know that you may be entitled to various types of damages. You can pursue compensation for your lost wages, lost benefits, emotional distress, and expenses related to finding a new job. If your case goes before an arbitrator or jury, you could also receive punitive damages, which are meant to punish your employer for egregious misconduct. It’s wise to consult an attorney to learn more about what compensation you can pursue.

How a Pregnancy Discrimination Lawyer Can Help

The maternity and paternity leave laws in California can be complex, and the last thing you want to do when you have a new child at home is to deal with a legal case. That’s where an experienced and knowledgeable attorney can assert your rights. A pregnancy leave lawyer can:

• Review your case.
• Advise you on your legal options.
• Collect evidence.
• Engage in pre-trial negotiations with your employer.
• Represent you in the Central Justice Center of the Orange County Superior Court or the U.S. District Court.

FAQs

How Hard Is It to Prove Pregnancy Discrimination?

Proving pregnancy discrimination can be challenging, but it’s certainly possible. You’ll need strong evidence to prove your case, such as:

• Direct communication from your supervisor or another higher-up at the company
• Documentation of altered job duties
• Past performance reviews
• Medical records

These can connect any negative behaviors from your employer to your pregnancy or related leave. Similarly, you’ll want comparative evidence showing how your coworkers were treated during the same period.

Do Fathers and Adoptive Parents Have the Same Rights to Leave as Mothers in California?

Yes, fathers and adoptive parents have the same rights to leave as mothers. Various state and federal laws protect a new parent’s right to leave to care for the child and mother as well as bond with the new child. This also counts for adoptive parents, who qualify for the same 12 weeks of unpaid job protection under FMLA and CFRA, and eight weeks of paid leave under California’s PFL.

What Qualifies as Pregnancy Leave Discrimination?

Actions by your employer that qualify as pregnancy leave discrimination include denying leave, demotion, firing, denying promotion, and harassment. Additionally, indirect forms of discrimination exist, which can include;

• Tying bonuses and promotions to attendance
• Giving employees training or professional development without providing reasonable accommodations for those on leave
• Delaying reinstatement

How Much Are Pregnancy Discrimination Settlements Worth in California?

How much money pregnancy discrimination settlements are worth can vary. First, these settlements are often private, with the stipulation that parties don’t disclose the amount. Second, each case is different, and what one maternity leave discrimination case settles for doesn’t do much to indicate what another might be worth. It’s wise to consult your attorney to discuss your case and better understand what settlement offer you could expect.

Hire a Maternity & Paternity Leave Discrimination Lawyer in Mission Viejo

Having a new child at home should be a time of celebration. When an employer sours this joyous time by punishing or mistreating you for taking leave, it’s time to hire a maternity & paternity leave discrimination lawyer. A Mission Viejo maternity and paternity leave discrimination attorney can collect evidence, guide you on your options, negotiate on your behalf, or fight for you before a jury or arbitrator.

Contact the team at The Law Office of Briana Kim today to discuss your case and learn more about how we can help you. We know how emotionally challenging these cases can be, but you don’t have to go through this alone.

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623