What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably due to pregnancy, childbirth, or related medical conditions. Under California law, employers are prohibited from engaging in discriminatory practices based on pregnancy, and employees are entitled to certain protections.
Forms of Pregnancy Discrimination:
1. Hiring and Promotion: It is illegal for employers to refuse to hire or promote an individual solely based on their pregnancy, potential pregnancy, or a related medical condition. Employers must evaluate candidates based on their qualifications, skills, and experience, rather than their reproductive status.
2. Termination and Layoffs: Employers cannot fire or lay off an employee because of their pregnancy or pregnancy-related conditions. An employee's right to job security should not be compromised due to their decision to start or expand their family.
3. Workplace Accommodations: Employers are required to make reasonable accommodations for pregnant employees to ensure their health and safety. This includes providing modified job duties, temporary transfers to less physically demanding roles, or granting additional breaks for medical appointments or lactation needs.
4. Harassment: Any form of harassment, such as offensive comments, derogatory jokes, or unwanted advances, based on an employee's pregnancy or related conditions is strictly prohibited. Employers must maintain a work environment free from discrimination and take appropriate action against any instances of harassment.
Potential Damages for Pregnancy Discrimination:
If you have experienced pregnancy discrimination in California, you may be entitled to various forms of compensation. These can include:
1. Lost Wages and Benefits: If you were terminated, demoted, or experienced a loss in benefits due to pregnancy discrimination, you may be eligible to recover the wages and benefits you would have earned had the discrimination not occurred.
2. Emotional Distress: Pregnancy discrimination can cause significant emotional distress, anxiety, and even depression. Damages may be awarded to compensate for the emotional suffering endured as a result of the discrimination.
3. Punitive Damages: In cases where the employer's conduct is found to be particularly egregious or malicious, punitive damages may be awarded. These damages aim to punish the employer and deter similar discriminatory behavior in the future.
4. Attorneys' Fees and Legal Costs: In successful pregnancy discrimination cases, the prevailing party is often entitled to recover reasonable attorneys' fees and legal costs incurred during the litigation process.
What should you do if you feel like you're facing Pregnancy Discrimination?
If you or someone you know is experiencing pregnancy discrimination, do not hesitate and take action. The Sentinel Firm is here to offer legal counsel and representation. Our team is dedicated to supporting you through this challenging time, ensuring your rights are upheld and getting you the justice you deserve.