Can an Employer Discriminate Against Me Just for Being Pregnant?
The answer to this question is “No,” that an employer cannot discriminate against you just for being pregnant. But we need to back up here and review The Pregnancy Discrimination act of 1978, and how it applies in California, to get a firm and better understanding of this law and all it entails.
The Pregnancy Discrimination Act of 1978 (PDA)
is an amendment to the
Title VII of the Civil Rights Act of 1964.
The Pregnancy Discrimination Act states that it is unlawful for any employer to discriminate against a woman solely on the basis of her being pregnant, and it is part of the sex discrimination rules of the Act. This means that if you are pregnant, an employer cannot legally openly discriminate against you for being pregnant.
What might this look like? Well, if you are working at a job, or interviewing for a new job, and employer cannot look at you as a pregnant person and say any of the following:
- “We don’t usually hire pregnant women for this type of job.”
- “Are you sure your pregnancy will not interfere with your performance on this job?”
- “People who are pregnant don’t usually do well on this type of job.”
- “What, you are pregnant? Then you are fired!”
- “You probably wouldn’t like this job, we like to go out drinking after work, and you can’t drink being pregnant and all.”
- “You will be walking to slowly to keep up with your non-pregnant colleagues, you may want to skip this job for now.”
- “It looks like you are pregnant, well, we don’t want to hire pregnant women for this job.”
If the above statements sound completely ridiculous that an employer would even think them, let alone say them out loud, then you might be shocked to learn that employers do think and talk this way! They are just not able to get away with it, as it is illegal and against the Pregnancy Discrimination Act.
What is the California Law on Pregnancy Discrimination?
California follows the same rules as the (PDA), whereby any woman who is pregnant, is to be offered a reasonable accommodation to meet her medical needs that are directly related to the pregnancy, childbirth or any other related duties for allowing the woman to work pregnant. An employer is not able to tell a pregnant woman that she is fired by nature of her just being pregnant. Pregnant women are also allowed to take off pregnancy disability leave for up to four months, and return to their job or a comparable job after their maternity leave. The Act does not protect a person for keeping a job if there are non-leave issues related to the employment, such as if the company experiences massive layoffs, then the pregnant woman can be laid off as well as anyone else affected by a downturned economy.
Pregnant women need more time to get around, as they are pregnant and may need more time in the break room to express milk, eat a healthy meal, or rest with their feet up if necessary to prevent swollen ankles. An employer can transfer a pregnant woman to a less hazardous and strenuous position at the company, for the duration of the pregnancy, as it will accommodate the pregnant woman to not get over tired, or to prevent her from over stressing her body.
Pregnant Women Can Be Seriously Injured on the Job if No Reasonable Accommodations are Made
A pregnant woman is usually fully capable to do the same job her coworkers can do, provided these two groups are similarly trained. Then you might be asking, why would an employer discriminate against a pregnant woman in the job market? Some employers have a limiting belief that once a pregnant woman is hired, that her time will be taken up with caring for the baby, and that the woman will call in sick more, have high absenteeism, lose focus and have more of a brain fog for missing her baby, and a host of other issues that may never be true for their pregnant employee or true for any other woman.
If a pregnant woman is injured on the job, she can suffer serious injuries to herself and her unborn baby. She can experience anything from a rupture of the placenta, to even life-threatening injuries to herself and her unborn baby. In life, mothers and babies can die as a result of a serious injury that the woman can sustain while pregnant, and this is a serious issue. This is why it is critical that employers do make the reasonable accommodations, to allow women who are pregnant to safely continue working, and contributing to the bottom line of the company.
How Much Do These Cases Settle for – Against an Employer?
If a woman is fired or terminated from her job for the sole reason that she was pregnant, she can get anywhere from $200,000 up to around $425,000 or slightly less for that recovery compensation related to the lawsuit. This issue needs to be reviewed specifically by a knowledgeable attorney. It is important to note that all cases are unique and different. There is no one hard and fast case. That is the reason that you need to talk to an attorney in this type of case.
How Much Should My Lawyer Ask to Demand and Settle for in this Case?
Your lawyer is going to need to review the case, know how to demand and settle this case in your best interest. This is why you need to call our law firm today, if you have been the victim of a discrimination of an employer for being pregnant. When you call our law firm, you will talk to attorneys who will know what to do to manage your case for you. The Normandie Law Firm is ready to stand by your side when you have been a pregnant woman who has had her rights violated by an employer. You just need to give us a call today if you have experienced discrimination for being pregnant on the job.
What Is the Usual Jury Verdict for Pregnancy Discrimination Cases?
All cases are different, and there is no one verdict that a jury will render for a woman who is pregnant and who is discriminated against by an employer. But you can expect that depending on the facts, that The Normandie Law Firm will get you the money that you deserve in this type of discrimination case. You may be able to recover compensation from a jury verdict in the range of $200,000 to over $400,000, depending on the facts of the case.
How Much Is a Job Termination Due to Pregnancy Case Worth?
If you have been terminated from your job, for the sole reason that you were pregnant, then you can expect that you will be able to have a lawsuit to reimburse you for the lost wages and other pain and suffering you experienced for this case. You need to call The Normandie Law Firm, to speak to our lawyers who will know what to do to get you the full amount of a settlement package, which could run in the $200,000 to $400,000 range, facts depending.
How Much Can I Get as the Usual Payout for Pregnancy Related Job Termination?
There is no hard and fast rule that you will recover one amount of reimbursement for being terminated from your job, for the sole reason of being pregnant. This is why you need to call our office, to speak to our highly experienced legal team, to discuss the specifics of your own situation. You need to keep copious notes regarding what your employer said to you, for the duration of your working time in the office, before, during and after your pregnancy, and before you were fired or terminated for being pregnant in the job environment. We are here to help you, are 100% by your side. But you will not get the benefit of our expertise if you don’t pick up the phone today and give us a call right now.
Can I Be Fired for Being Pregnant?
No, you cannot be fired just for being pregnant. But we need to review your personal case in this regard with you, to determine the relevant facts of the case. For example, were you fired because you didn’t live up to the employer’s expectations, even while they offered you reasonable accommodations while you were pregnant? You cannot just be fired for being pregnant, but did the employer use something as “cause” to fire you, that was unfair in any way?
Were you discriminated against in relation to the other coworkers on your job not being treated in the same way? We would need to discuss all angles of your case, and need you to call us today to sort this out for you. You need to give us a call right now, in order that we may start the process to get the ball rolling to get you the reimbursement you need in this type of discrimination case.
Call for a Free Consultation
Give us a call today for a free consultation, we are here to review your case with you whenever you make the call. Our legal team will review your case, and talk to you about the next steps, call now.