Were you fired after you got an abortion? Were you fired or subject to another job-related consequence after HR or your boss found out about your abortion? If you answered yes to any of these questions, then you might have grounds to file a lawsuit against your employer. Getting demoted or fired after having an abortion is a form of discrimination – and you could sue your employer. For more information about your right to file a lawsuit against your employer, do not hesitate to seek legal assistance with the experts at our law firm immediately.
Here at California Labor Law Employment Attorneys Group, our lawyers are ready to represent you. We are an employment law firm with decades of experience handling all sorts of employment claims – including those surrounding discrimination after abortions. If you are interested in learning more about your right to file a lawsuit, contact us today. Our attorneys are ready to help you every step of the way.
Abortions and Workplace Discrimination
Is it illegal for you to be fired or demoted after having an abortion? Yes, it is illegal to be fired or subject to any other unfair treatment in the workplace just because you had an abortion. This is covered under Title VII of the Civil Rights Act, which establishes a number of protected characteristics, including sex. Pregnancy discrimination is included under sex discrimination. The Pregnancy Discrimination Act defines treating a woman unfairly based on pregnancy, childbirth, or a medical condition related to either pregnancy or childbirth. A 2008 court case held that abortions are protected as related medical conditions; therefore, it is illegal for employers to discriminate against their employees for having an abortion. This is all on the federal level.
What about the state level? Is it illegal for your employer to fire or demote you because of your abortion based on state law? Yes – California’s Fair Employment and Housing Act (FEHA) prohibit sex discrimination and gender discrimination, which include pregnancy, childbirth, breastfeeding, or related medical conditions (which also include abortions).
What does this all mean? Based on both federal and state laws, you could have grounds to take action against your employer. For more information about your right to file a discrimination claim against your employer after you were terminated or demoted after directly because of your abortion, do not hesitate to contact our experts today.
What Can You Do?
If you were fired or subject to any unfair treatment because you had an abortion, you could file an employment claim. Before you take any action, however, it is essential that you prepare, by gathering all the necessary evidence. You should have records of important dates, like the date that your employer found out about the abortion and the date that you were fired. If you reported any inappropriate comments made towards you, you should have copies of any reports that you made. In addition, if there were any witnesses to your unfair treatment, you should speak to them and collect their contact information. Of course, you should find an experienced employment attorney for legal guidance.
What else should you do? Since all employment claims must go through an employment agency, it is important that you file a complaint against your employer with the Department of Fair Employment and Housing (DFEH) – this is California’s employment agency. The agency will investigate the situation to determine whether your employer violated any employment laws. If found guilty of violating employment laws, then the agency could pursue a lawsuit against the employer.
You also have the option of filing a civil lawsuit against your employer. However, you cannot just file a lawsuit without first going through the DFEH. You can request the right to sue from the DFEH and file your lawsuit against your employer directly.
For more information about your legal options, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers are ready to guide you every step of the way.
Possible Outcomes for Your Employment Claim
There are many possible outcomes for your employment claim. Some non-monetary outcomes include changes in training, changes in policy, reinstatement, promotion, etc. Some monetary outcomes could include lost earnings, lost benefits, pain and suffering, punitive damages, and legal fees. For more information about the possible outcomes of your abortion discrimination claim do not hesitate to contact our abortion discrimination attorneys as soon as possible. You can trust that our lawyers will provide you with the guidance that you need to get the best outcome possible for your employment discrimination claim.
How Long Do You Have To Take Action?
In general, claims are subject to deadlines – if claimants fail to file their claims on time, they could lose their right to take any legal action entirely. What deadlines apply to your claim? How long do you have to file your claim? Employment cases must be filed with the DFEH within three years of being harmed or being subjected to the unfair treatment in the workplace. As previously mentioned, you also have the option of filing a civil lawsuit, but you must first receive a right to sue notice. You can request the right to sue at any time (albeit it comes with forfeiting the DFEH investigation). Once you receive the right to sue notice, you will have one year to file your civil lawsuit.
For more information about any deadlines that could apply to your abortion discrimination claim, do not hesitate to contact our experts immediately.
Contact California Labor Law Employment Attorneys Group Today
I was fired after my boss finding out I had an abortion. I experienced demotion after HR discovered that I had an abortion. Whatever the unjust treatment that you were subjected to because you had an abortion, you might have grounds to file a lawsuit. If you are ready to learn more about your right to sue, do not hesitate to seek legal assistance with the experts at our law firm immediately. Here at our firm, we have decades of experience handling employment claims – always fighting to protect the rights of employees who have been treated unfairly in the workplace. Our lawyers are ready to provide you with the guidance that you need to sue your employer and recover the compensation that you are owed.
We are proud to offer free legal services to make sure that you have access to all the information that you need to begin or continue your claim. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. If you are ready to benefit from these free legal services, contact us today.
We also offer a Zero-Fee guarantee; therefore, our clients will not be required to pay any upfront legal fees for any of our legal services. In addition, we work on contingency, so our clients will not have to pay anything until after winning their employment claims.
Contact us today to learn more about your rights. We are ready to help you with your abortion discrimination claim against your employer.