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San Diego Pregnancy Discrimination Attorney

There is no greater event in life than the birth of one’s child. New mothers should feel confident that their work will provide them the time needed to take care of their body and new child. Unfortunately, some employers have been known to mistreat pregnant employees or discriminate or retaliate against them.


Thankfully, both federal and California employment laws have been put in place to protect women’s rights against pregnancy discrimination. No woman should ever be concerned about being treated differently when they have placed time and energy into a workplace and deserve to have time to celebrate the coming of their newborn. Over the years, women have overturned societal norms and shown that they are an essential part of the U.S. workforce.

Women have the right to earn a living and advance in their careers, whether married or unmarried, are protected by legislation, regardless of their decision to bear children. Title VII of the Civil Rights Act of 1964, the core legislation in protection of equal rights, was amended in 1978 to include pregnancy and childbirth discrimination as a form of sex discrimination.

Walker Law’s pregnancy discrimination attorneys represent women who have faced pregnancy-related discrimination. Our legal team fights to ensure that all workers, regardless of gender, have the same rights and privileges. Contact our San Diego pregnancy discrimination lawyers for your free consultation today.

Recoverable Damages for Pregnancy Discrimination

When you meet with our San Diego pregnancy discrimination lawyer, one of the first questions we will ask you is how this has impacted you and your life. Our goal is always to prove that you suffered losses because of this discrimination and, therefore, are owed compensation for those losses. Recoverable damages, then, may be related to the impact you have suffered.

Our San Diego pregnancy discrimination attorney will work closely with you to uncover losses that you may not have considered, but some examples include:

  • Lost pay: Did not getting the job or promotion lead to a tangible loss of income for you? Our unpaid wages attorney will calculate what those losses are.
  • Out-of-pocket expenses: What types of costs did you have to pay because of the discrimination, including hiring an attorney to pursue legal outcomes?
  • Did you suffer reputation damage because of the discrimination you faced: This is not uncommon in situations where not getting a job or promotion has directly led to damage to your reputation and ability to obtain other positions.
  • Pain and suffering: Discrimination like this can be toxic to your health and well-being. If you are facing such losses, it is critical to fight back to obtain compensation owed to you.
  • Mental anguish: How much has this discrimination impacted your quality of life? Has it caused you to suffer anxiety and stress as a result of it?

Pregnancy does not have to be a negative when it comes to employment. If you have been made to feel that you do not have the right to a job, promotion, equal treatment, or any other losses, we encourage you to contact us now to learn what legal strategies we can offer to you in these matters.

How a San Diego Pregnancy Discrimination Lawyer Can Help

There are several key ways our pregnancy discrimination attorney in San Diego can help you in these matters. At the heart of that process is gathering information and insight into what happened. Then, we can offer help in these areas:

  • Determine if discrimination is likely to have occurred: We will use the evidence available to show that your rights were violated and that discrimination for pregnancy has led to this outcome. We will be honest with you about whether you have a case.
  • Estimate the losses you have incurred: Our attorneys will then estimate the losses you have suffered as a result of the case, calculating all potential losses in your situation.
  • Exploring responsibility and fault: We will uncover what happened and why and then assign fault appropriately.
  • Pursue legal action through settlements: When possible, we will seek out negotiations to prove that you deserve fair and equal treatment. We will negotiate your case based on what is most important to you.
  • Seek out compensation for your losses in a court of law: When necessary, we will go to court to fight for you.

Working with our pregnancy discrimination attorney in San Diego is one of the most important steps you can take to protect your future.

What is Considered Pregnancy Discrimination?

Pregnancy discrimination is defined by the Equal Employment Opportunity Commission (EEOC) as any unfavorable treatment of an employee or applicant because of pregnancy, childbirth, and/or any related medical conditions. Any of the following actions based on an employee’s pregnancy or ability to become pregnant is considered pregnancy discrimination:

  • Refusing to hire or promote
  • Refusing to train
  • Layoffs/Firings
  • Withholding compensation
  • Withholding benefits such as health insurance
  • Restricting pregnancy-related disability benefits to only married
    pregnant employees
  • Reducing/Eliminating job assignments
  • Using pregnancy slurs or stereotypes
  • Forcing a pregnant employees to take time off
  • Requiring sterilization

Furthermore, a pregnancy discrimination claim could potentially be brought if an employer asks a woman about any of the following topics:

  • Current pregnancy status of an applicant or employee
  • Capability to conceive
  • Preparations in becoming pregnant
  • Any other personal information about pregnancy or having a child

Establishing that pregnancy discrimination occurred can be difficult. Employers are likely to give excuses as to why another candidate was picked over a pregnant woman. However, if a pregnant candidate has the same or stronger qualifications than a hired candidate, an employer will have a difficult time explaining how this is not evidence of discrimination.

Legislation Providing Protection for Pregnancy

Since the passage of the Pregnancy Discrimination Act (PDA) in 1978, pregnancy harassment has been considered a form of sexual harassment under US federal law. The PDA prohibits employers with 15 or more employees from discriminating based on pregnancy and requires these employers to provide women recovering from pregnancy or childbirth health conditions with the same benefits as they would provide to temporarily disabled employees.

The Family and Medical Leave Act (FMLA) also reinforces the PDA by allowing employers to take unpaid, job-protected leave with continuation of insurance benefits. Some pregnancy-related impairments, such as gestational diabetes or preeclampsia, may be considered disabilities under the Americans with Disabilities Act (ADA), requiring employers to make reasonable accommodations similar to those made for disabled employees.

Additional protections in California under the Pregnancy Disability Leave Law (PDLL), the California Family Rights Act (CFRA), and the Fair Employment and Housing Act (FEHA) could apply in pregnancy discrimination cases. California law is more extensive than the PDA in that California prohibits pregnancy discrimination by employers with at least five employees. The PDLL also allows for up to 26 weeks of pregnancy disability leave if needed due to pregnancy or a pregnancy-related issue.

Talk To Our San Diego Pregnancy Lawyer Today

When it comes to any employment-related issues, all women affected by pregnancy, childbirth, and related medical conditions must be treated the same as all non-pregnant employees. At Walker Law, we’ll ensure that your rights are protected and fought for. Contact our San Diego pregnancy discrimination attorneys today for your free consultation.

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