Long Beach Pregnancy Discrimination Lawyer

Top-Rated 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.

About Briana Kim, PC – Your Experienced Long Beach Discrimination Lawyer

In the United States, most people need to work consistently to maintain a stable financial situation. This truth does not change when one becomes pregnant, but employers occasionally try to deny pregnant employees or potential employees the opportunity to make a living and support themselves. If you have experienced this kind of discrimination, you know firsthand how frustrating and scary that can be. Fortunately, you do not have to accept maltreatment.

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. Examples of prohibited discriminatory behavior include 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

According to a study completed in 2022, around 20% of mothers report having experienced pregnancy discrimination at work. Pregnancy discrimination in the workplace can take different forms. Being aware of your rights as a pregnant worker is essential to protecting 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.

Subtle Discrimination in the Workplace

Not all cases of pregnancy discrimination in the workplace involve obvious or egregious behavior. Some discriminatory practices are much more subtle and more difficult to perceive. A few examples include the following: 

• Light-duty denial. In some workplaces, injured employees are allowed to keep working on light duty, meaning they are assigned less physically strenuous tasks. If an employer offers this kind of modified duty to injured employees, but not to pregnant ones, this may be an example of pregnancy discrimination.
• Sidelining. Some pregnant employees may find that they are slowly being sidelined in conversations or tasks that would normally include them. For example, you may be left out of meetings that you would normally attend or not copied on emails that would usually fall within the scope of your job. This sidelining is sometimes done in anticipation of upcoming leave, but the behavior may still constitute discrimination.
• Forced early leave. It is inappropriate for an employer to try to push a pregnant employee to take leave before they are ready, but some employers do, sometimes beginning when the employee begins showing. If your employer tried to force you to take leave before you planned to do so, you may have been the victim of pregnancy discrimination.

These are not the only possible examples of subtle pregnancy discrimination in the workplace. If you have questions about your situation, your attorney can answer them.

Pre-Employment Discrimination

Pregnancy discrimination protections apply during the hiring process as well as after an employee has officially begun working for an employer. You may not be aware that employers are not legally allowed to ask you whether you have children or plan to have children. If you were asked questions about your family planning in a job interview and then did not get the job, you may have a claim for pregnancy discrimination.

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. Some of the things your attorney can do for you include the following: 

• 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 make sure that it has a strong chance of succeeding.
• 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.

The value of an attorney in a pregnancy discrimination case cannot be overstated. An experienced lawyer can sometimes represent the difference between a successful case and an unsuccessful one, regardless of the grounds you have to file a claim. Choosing your attorney wisely can shape your future, so choose a seasoned one like Briana Kim, PC.

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

Employees who have faced discrimination often feel that they have no power in their relationship with their employer. Because many employers have well-funded legal teams to represent their interests, employees may worry that they do not have the resources to stand up against that kind of power. However, you do not have to face that giant alone.

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.

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Locations

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

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