Pasadena Pregnancy Discrimination Attorneys
Advocating for Your Present and Future
Some employers may avoid employing or promoting candidates based on their pregnancy or potential to get pregnant in the future.
If you believe you have been discriminated against because of your pregnancy, contact our Pasadena attorneys. At KP Law, we understand that your choice to start a family should not end your future career opportunities. We have over 40 years of combined experience helping clients reach their goals, and we are proud advocates for our community.
Call our firm at (888) 493-3862 to find out how we can fight for you.
What Is Pregnancy Discrimination?
Pregnancy discriminationis the mistreatment of an employee because of their pregnancy. This could mean that the employer denies an application from a mother to be or include them in the first round of layoffs during financial troubles.
Bias against pregnancy is against state and federal law. The Pregnancy Discrimination Act of 1978 was enacted by Congress as an additional provision to the Civil Rights Act – a landmark civil rights law that protects marginalized people from discrimination.
The Pregnancy Discrimination Act of 1978 lays the groundwork for litigation if a new mother is the victim of bias at work. These protections also cover medical conditions and temporary impairments that may present after birth, like gestational diabetes or pregnancy-induced hypertension, which may also be considered a disability under the Americans with Disabilities Act (ADA).
Employers are obligated to provide accommodation for pregnant employees, including maternity leave or disability in some cases. Unless the mother asks their employer for unreasonable accommodations that are outside the realm of possibility, denying the rights of pregnant workers is a violation of their rights.
Most employment contracts have a clause related to maternity leave. In this section of the agreement, you may find a reference to the Family and Medical Leave Act (FMLA) of 1993, which gives new parents, including adoptive and foster parents, 12 weeks of leave.
Whether parental leave is paid or unpaid depends on the company’s policy for paid time off. If the employee has accrued enough PTO, they may have a partially or fully paid maternity leave.
It is important to note that every company has a varying maternity leave and PTO policy, so it’s important to read over the contract carefully and familiarize yourself with the rules. In some cases, an employer may refuse to offer paid maternity leave even if you have accrued enough PTO to cover it. If this happens, you may have a discrimination case.
When You Need a Lawyer
Contact a lawyer immediately if your employer refuses to extend the company’s disability benefits to you because of your pregnancy. In some cases, the employer may grant you maternity leave, but they may not hold your position for you and fill it with a new worker, or they may “eliminate the position” while you are away on leave.
Not only does the employer deny adequate accommodation, but they are going against federal law and the ADA.
Other red flags may include the following:
- The employer limits bathroom breaks or cites poor attendance on your record
- The employer denies accommodation for breastfeeding in the office
- The employer does not follow ADA guidelines if there are further complications after birth
If you have experienced any of the discriminatory practices listed above, contact KP Law immediately. We understand how exciting it can be to start a family and how stressful it can become if you are discriminated against at work because of your pregnancy.
You have rights protected under the law, and our team of compassionate legal professionals is prepared to advocate for them on your behalf. Let us handle the legal issues so you can focus on your family.
Schedule a free consultation with our Pasadena pregnancy discrimination attorney today.