Discrimination in the workplace can take many forms and affect numerous types of people. One of the most commonly seen instances of discrimination occurs against pregnant women. Some businesses may treat pregnant women differently because the amount of work they can do may change or they may need time off to deal with aspects of the pregnancy. As a result, companies may view these women as liabilities and causes for loss of income. Walmart is one such company that has engaged in discriminating against its pregnant employees. Fortunately, pregnant women are protected thanks to various laws, and if you can prove that you were targeted and treated unfairly at work due to your pregnancy, you can file a lawsuit. Our team of expert attorneys at California California Labor Law Employment Attorneys Group you wish to take legal action against your employer for discrimination. We can provide you with a Los Angeles attorney for pregnancy discrimination lawsuits against Walmart.
Laws Concerning Pregnancy Discrimination in the Workplace
Title VII of the Civil Rights Act of 1964 prevents many minorities and classes of people from suffering discrimination at work; you may not be discriminated against based on race, color, ethnicity, sex, religion, and more. The Pregnancy Discrimination Act is an amendment to the Civil Rights Act that specifically details laws concerning pregnant women. That is, discrimination may not occur on the basis of pregnancy, childbirth, medical conditions related to pregnancy, and more.
Additional laws in California further protect women. The California Pregnancy Disability Leave Law mandates that pregnant women be given the benefits they need to carry out a healthy pregnancy and post-pregnancy, such as mandating 4 months of leave for pregnancy related conditions and 3 months of leave after the child has been born.
Some of the medical conditions related to pregnancy include back pain, lactation problems, bodily soreness, pre-eclampsia, diabetes, and more. Your employer may not action against you because of these conditions if they are brought on by pregnancy. You should consult with a Los Angeles attorney with experience in pregnancy discrimination cases against Walmart to learn more about the laws and what may apply to your case.
Examples of Discrimination
Discrimination can be hard to discern, especially because your employer will seldom, if ever, admit to pregnancy being the reason behind his actions or words. You will need to observe how you are treated and see how it differed from when you were not pregnant.
Some moments of discrimination are very apparent. For example, if Walmart fired you because you were pregnant and said that you would not be able to complete your job duties, you could take action. You may also be given less hours on the basis that you will not be able to work full time because of your health, even if the pregnancy is not affecting you to that degree.
However, some practices are more subtle. You may have to step back from physically demanding jobs, and if your boss asks you to lift heavy items while you are pregnant, you risk hurting yourself and your child. Your boss may purposely schedule you to work when he knows you will be out for medical purposes. You also need to have certain accommodations, as pregnancy can be treated as a partial disability; denial of these accommodations is grounds for a discrimination lawsuit. If you ask for time off for doctor visits, for instance, and you get denied, there may be discrimination at play. If your employer pushes you into making a decision to quit, that can also be blamed as discrimination.
You must also be careful of retaliation. If you take issue with the way you have been treated and feel that it is due to your pregnancy, your employer could very well decide to retaliate against you and cut your hours or terminate you. He will be careful to not outright say the reasoning, though, which can lead to problems proving discrimination.
Our clients have asked us questions regarding pregnancy discrimination; we have included some of the common ones below:
Can I Sue Walmart If I Was Fired For Being Pregnant?
Yes, you can sue Walmart if you were fired for being pregnant. You must be able to show that the termination happened because of your pregnancy and not poor performance.
Can I Sue Walmart For Wrongful Termination If They Let Me Go Due To My Pregnancy?
Yes, you can sue for wrongful termination. Our lawyers can help you file a claim and get through the legal process. However, no matter what, you must be able to show that you were discriminated against.
Other examples of discrimination include harassment, refusal of benefits, denial of promotions, denial of medical benefits, no maternity leave, termination of job title or position, demotion, and more. If you are in need of a pregnancy discrimination attorney in Los Angeles to sue Walmart, call our law firm.
Proving Pregnancy Discrimination
It can be difficult to prove that you were discriminated against by Walmart. In order to do so, you must have ample evidence that the actions carried out by your employer were initiated on the basis of your pregnancy. As such, an admittance would be the most crucial evidence you could use to show that you were discriminated against.
However, since many employers will not say anything that will give themselves away, you will have to provide other evidence. If other workers can attest to the fact that you were mistreated or differently treated because of your pregnancy, your case would strengthen. They can say that you were docked hours or pay or that you were only denied certain privileges after revealing that you were pregnant. In fact, if a coworker overheard an employer say that you were targeted because of your pregnancy, the evidence will be quite strong.
You should record each instance of discrimination as it happens. This may involve dating and recording everything in a journal or some other kind of collection. If you have photos or videos of any harassment, screenshots of anything discriminatory statements, or papers showing the change in your treatment, you should assemble them together to be sent out.
Before filing a lawsuit, though, you should go to the Human Resources Department at your job and file a complaint with them. They will investigate the matter internally and come up with a solution. However, many representatives will simply brush these types of occurrences under the rug or try to get you to forget about them because the backlash and issues that arise can be troublesome to deal with. You should send an email to HR and keep a copy so that there can be no denying that you attempted to rectify the problem.
If you have questions about how to best prove that you were a victim of workplace discrimination, contact a lawyer in Los Angeles who has expertise in pregnancy discrimination claims against Walmart. We can sue Walmart for pregnancy discrimination.
How Much Can I Receive If I Was Fired While Pregnant?
You can receive a fair amount of compensation if you were the victim of pregnancy discrimination at work. A wrongful termination claim can net you hundreds of thousands of dollars, and you may be able to retain your job or be reinstated at the end of the case.
Determining the value of your case is difficult, though. There is no calculator that puts in the damages you suffered and spits out a verdict. Instead, you will have your case considered by an insurance agent and we will negotiate a better offer. The worth of cases fluctuate with the extent of the discrimination and how much of an effect the discrimination had. Therefore, it is difficult or impossible to tell the average value of a pregnancy discrimination case against Walmart. We have compiled similar case results for you to draw information from, however.
Some examples of pregnancy discrimination case results include:
- $250,000 Settlement: A woman suffered retaliation when she returned from maternity leave. She was treated differently upon coming back; her managers proceeded to monitor her even more closely than before and target her for minor errors more, for one. Additionally, she received low performance reviews in spite of the fact that there were no complaints about her performance before or anywhere else. She also was denied medical leave for post-pregnancy complications.
- $100,000 Settlement: A woman announced her pregnancy at a credit company was soon treated differently after the fact. The discrimination was directly related to her job and social standing.
- $6,200,000 Settlement: A medical management company was forced to pay out over six million dollars in damages to three separate employees. They were all pregnant women who suffered harassment and discrimination, including different treatment, cut hours, retaliation, and more.
- $520,000 Verdict: A teacher returned to her school after maternity leave. She was denied a private location to collect breast milk, demoted from a leadership team, denied basica materials for her students, refused training, and was falsely and unfairly evaluated. The school year ended with notice that she would not be considered for return, meaning she was fired once the school year ended. The damages included punitive damages and lost wages.
To speak with a lawyer for being fired because you were pregnant, call our law firm today.
The Right Firm for You
At the California Labor Law Employment Attorneys Group, our lawyer can sue Walmart if you were discriminated against for being pregnant. Our attorneys are aggressive and will work to bring you the maximum compensation available under the law. We want to ensure that the workplace is an equal an accepting place for all people, and pregnant women are no exception. We strive to make your work environment safe and non-discriminatory. If we need to take your case beyond the insurance agency, we will – we are willing to go to court to fight for your rights as an employee.
Call our offices today for a free legal consultation with an expert lawyer. Our consultations are confidential and the contents of your case and discussion will never leave our offices. We will tell you everything you need to know about taking legal action. If you choose us to represent you, we will also give you our zero fee guarantee, which promises that you will not have to pay us any fees at all throughout your case. We will only collect our payment if we win, and the amount will be taken from the settlement the insurance agency offers. If we lose, you pay nothing whatsoever.