Being pregnant can be an emotional rollercoaster. The amounts of changes that go on within a woman’s body during this time are quite phenomenal. While pregnant, a women produces more hormones than she will in the rest of her lifetime; pregnant women are basically a flowing labyrinth of estrogen and progesterone. There is also a very large societal burden of appearance in Los Angeles. Combine these two deathly ingredients, and we have a complete complex of a self-conscious, self destructive animal.
We all at times feel the societal pressure of wanting to look a certain way. Tack on the pressure that comes with pregnancy, and we might as well have a diamond on our hands. Unwanted remarks about being pregnant from an employer can only make things worse. For instance, if a woman is already very self conscious about her weight or appearance, because like many of us, she has fallen victim to the idolizing of Instagram models and living the extravagant, luxurious life in bikinis with a green juice in hand, offhand remarks from an employer about her pregnancy could be found extremely offensive. At an already emotional state, pregnancy remarks can be hurtful and quite possibly illegal. California Labor Law Employment Attorneys Group is not here to tell you to stop following those Instagram accounts, but we are here to protect your rights as a woman and mother in the workplace.
What are my rights as a pregnant woman at work?
Title VII of the Civil Rights Act prohibits employment discrimination based on a person’s race, color, religion, sex, or national origin. Unlawful discrimination practices are the failure or refusal to hire or discharge someone; discrimination with regards to compensation, terms, conditions, employment benefits; or classification of an employee that negatively affects their job status or deprives them of employment opportunities. The Pregnancy Discrimination Act (PDA) of 1978 was amended to the Civil Rights Act to specify sex discrimination as including discrimination against pregnancy, childbirth, and related medical conditions. These acts were put into practice to protect women from employment discrimination as well as from offensive remarks and other forms of harassment based on their pregnancy. Types of pregnancy harassment that is verbal could be comments about a women’s weight gain, negative comments about a woman taking a pregnancy leave, or negative comments regarding lactation breaks. If you are an employee and work at a company with 15 or more workers, then you are protected under Title VII and PDA and should contact one of our sex discrimination lawyers to understand further how your rights have been violated.
Remarks about pregnancy at work as harassment
The Equal Employment Opportunity Commission (EEOC) enforces Title VII as well as other Federal laws. The EEOC declares it illegal to harass a woman because of pregnancy, childbirth, or related medical conditions. For harassment to be illegal, it must be persistent or severe enough to create a hostile work environment for the employee. If your employer has consistently made demeaning remarks about your pregnancy, and it’s created an environment that makes it difficult for you to work in, then you will want to speak with one of our harassment attorneys. It may be time to file a law suit against your employer. You could also be subject to harassment from not only an employer, but another coworker, a client, or a customer. Regardless, it’s still important to file a claim and get started on seeking redemption for the hurt you’ve had to endure as a pregnant employee.
How to file a pregnancy discrimination lawsuit?
Other forms of harassment may manifest in the workplace such as name calling, inappropriate touching, or sharing of photos. Keep in mind, it does not always have to come from men, women could be harassers as well. Unfortunately, you will not have a pregnancy discrimination case based on just a single incident of teasing. Like previously stated, to be able to file a pregnancy discrimination lawsuit, it must be proved that the harassment was continuous and created a hostile environment. However, pregnancy discrimination claims are slightly different that regular discrimination charges because the employee does not have to be damaged or harmed from the harassment, the harassment itself warrants a charge.
The California Fair Employment and Housing Act (FEHA) protects employees at companies with only 5 or more employees from harassment and discrimination based on pregnancy. So you may be protected under both the Federal and State laws. From a won pregnancy discrimination or harassment case, you may be able to receive a promotion, back pay and benefits, compensatory damages, punitive damages, attorney’s fees, and more. All these laws also make illegal any retaliation from your employer in response to filing charges. So don’t let your pregnancy be the catalyst for a miserable work experience. Our lawyers at California Labor Law Employment Attorneys Group are ready to help you get back to focusing on enjoying life as a mother.
Free Consultation and Zero-Fee Guarantee
Have you felt destroyed after an employer or coworker consistently made rude remarks about your pregnancy? Has the societal pressure finally taken a toll on you? Don’t worry, we are here to help. Gain confidence again by talking with one of our pregnancy discrimination or harassment lawyers. Your pregnancy should be a time of excitement and joy, not self-destruction and loss of confidence. We understand emotions are high, but let’s make sure we aim them in the right direction; towards your own well-being. As a soon-to-be mother, it’s important to not forget about yourself and the things that make you happy. If we continue living out our lives to please others, we will never be able to find self-worth. Our lawyers will get you back on track by choosing to accuse those who shame you for your appearance or make you feel lesser because of your pregnancy.
Our firm understands living Los Angeles is expensive. This is why we offer a free consultation to anyone that is ready to speak with one of our experience pregnancy discrimination attorneys. Hospital bills, maternity clothes, more food because you’re eating for two; we don’t want to add on more expenses to an already hectic life. Our zero-fee guarantee policy promises you will not have to pay anything unless your case is won. Also, if you are already working with an attorney, we will give you a free second-opinion. You deserve to be represented by the best possible lawyer, and we believe you will one here at our firm.