Many women struggle to balance their role as a mother and a member of the workforce. Unfortunately, expectant and new mothers can face unfair treatment in the workplace. Some employers see them as less reliable and capable of performing their job duties. In some cases, the employee is fired, demoted, or punished in some other way because she took time off to have a baby and bond with her new child.
Firing someone after they had a child is against the law, but there is no denying that employers continue to discriminate and retaliate against pregnant workers. Did you lose your job after you came back from giving birth? You may have questions regarding your rights, including:
- If I was fired after I gave birth, can I sue?
- Am I eligible for a pregnancy discrimination case?
- Can I file a wrongful termination lawsuit?
It’s essential that victims of pregnancy discrimination contact an employment lawyer as soon as possible. The legal team at California Labor Law Employment Attorneys Group can inform you of your rights and legal options under state and federal laws. If you were fired after you had a baby, you may be entitled to monetary compensation from your employer. For a private consultation, completely free of charge, please give us a call.
Employment Laws Protecting Pregnant Women
There are numerous laws in place that are meant to protect workers who are pregnant, seek maternity leave, or come back to work after giving birth. Laws that you should be aware of include:
- Pregnancy Discrimination Act : prohibits discriminatory treatment, including wrongful termination, on the basis of a pregnancy or medical needs due to being pregnant
- Title VII of the Civil Rights Act : makes it illegal to discriminate against workers based on protected characteristics, which includes pregnancy
- Fair Employment and Housing Act : California law that prohibits employers from making adverse employment decisions based on discrimination against a pregnant employee.
As you can see, your employer cannot make assumptions about your abilities and fire you or take other punitive actions towards you if you are pregnant or recently gave birth. To discuss your rights and what you can do to obtain justice, speak to a Los Angeles wrongful termination attorney.
Do I have a Case for Wrongful Termination?
Yes, if your employer violated any of the laws pertaining to pregnancy discrimination in the workplace, you have the right to file an employment claim or lawsuit and seek compensation for your monetary losses. Discrimination against pregnant workers can happen in many ways, and normally, there is a pattern of unfair treatment before you are fired. Take a look at the following example:
A woman becomes pregnant and informs her supervisor that she will need maternity leave in three months. Suddenly, she is assigned work tasks that are not part of her job duties, or ones that are beyond her knowledge, thus, making her look bad. In addition, she is denied certain work privileges and excluded from work functions, meetings, and training events.
The employee puts up with the treatment in the hopes that things will change when she comes back from maternity leave. Unfortunately, the acts of discrimination continue, and the worker decides to file a complaint with Human Resources – which she is legally entitled to under California’s labor laws. A couple of weeks later, her supervisor informs her that she is no longer employed with the company.
Here, you can see that unfair treatment of the employee began as soon as she announced her pregnancy and needed to take leave. Discrimination based on her pregnancy continues after she returns to work and culminated in loss of employment when she reported the incidents to Human Resources.
Of course, your own case may involve different circumstances. That’s why it’s important to verify your eligibility for a pregnancy discrimination lawsuit with one of our attorneys.
Taking Legal Action against Your Employer
So, let’s talk about what you can do in the event your job was taken away because you got pregnant or just had a baby. Your options for a formal complaint or litigation are as follows:
- You can file an employment rights violation complaint with the EEOC, or the Equal Employment Opportunity Commission. This is a federal agency that investigates and makes rulings on cases where an employee’s legal rights are violated.
- Depending on the specific violation by your employer, you may need to file a claim with the California Department of Fair Employment and Housing (DFEH) instead of, or along with an EEOC complaint.
- Once either of these agencies reviews your allegations and the proof you submitted, you may receive a Right to Sue notice. At this point, you can file a wrongful termination lawsuit with the court system and seek monetary damages from your employer.
Compensation for a Victim of Pregnancy Discrimination
If you choose to go ahead with a lawsuit, you can seek various kinds of payments from your employer. Money doesn’t make up for everything you went through, but compensation can go towards financial losses you suffered through no fault of your own. As a victim of wrongful termination due to pregnancy discrimination, you may qualify to receive:
- Lost wages, including unpaid overtime, commissions, bonuses, etc.
- Value of lost job benefits
- Pain and suffering
- Reinstatement of your job
- Punitive damages
If you have questions about these damages or how much compensation you are likely to receive from a lawsuit, please take a moment to contact us. We look forward to hearing your story and securing maximum payment on your behalf.
Zero Fee Guarantee
Our law firm operates under a policy known as the Zero Fee Guarantee. We promise that if you choose to hire us for a pregnancy discrimination lawsuit, you will pay $0 out of pocket. Instead of asking you for a retainer or fees on an hourly basis, we bill the cost of legal representation to your employer. At the point of wining your case, your employer will include our expenses in the settlement that is paid to you. Even more important, you are not responsible for any legal fees if we fail to settle the case in your favor.
Please contact California Labor Law Employment Attorneys Group today and schedule a free case review.
