Sacramento Pregnancy Discrimination Lawyer

Passionate Pregnancy Discrimination Attorney in Sacramento

Starting or expanding your family is an exciting milestone in life. You should not have to choose between your family and your career. Fortunately, both state and federal law protect employees from pregnancy discrimination. If your employer breaks these laws, you can turn to an experienced Sacramento pregnancy discrimination lawyer for legal assistance.

What Is Pregnancy Discrimination?

As a worker in Sacramento, you have the right to be reviewed based on your performance in the workplace, not on a protected trait or characteristic, whether you work for Intel or UC Davis Health. This means, among other things, you’re protected from various forms of discrimination and retaliation. These rights even extend to temporary situations, such as pregnancy.  Your employer cannot discriminate against you on the basis of your pregnancy or perceived pregnancy. This includes:

• Firing you or terminating your position
• Demoting you
• Failing to make reasonable accommodations for you
• Harassing you (or allowing others to harass you in the workplace)
• Refusing to grant you a leave of absence under the Family and Medical Leave Act (FMLA)
• Failing to grant you leave under California’s Pregnancy and Disability Leave law (PDL)
• Refusing to reinstate you after maternity leave
• Taking other adverse employment action against you in retaliation for exercising your rights

Many of the rights available to new parents also extend to men, who likewise are protected from such discrimination in the workplace. If you feel that your employment rights have been violated due to pregnancy or a related condition, contact Asbill Law Group, A Professional Law Corporation. We are passionate about helping employees enforce their rights. Based in Sacramento, our firm has the determination and experience to advocate for employees who have been wronged.

Laws that Protect Pregnant Workers

Pregnant workers in California are protected by both state and federal laws that prohibit discrimination and require fair treatment. The California Civil Rights Department reported 2,149 employment complaints involving pregnancy, childbirth, breastfeeding, or related medical conditions in its 2024 annual report.

The California Fair Employment and Housing Act makes it illegal for employers to discriminate based on pregnancy, childbirth, or related medical conditions. It also requires employers to provide reasonable accommodations for workers and protected leave for pregnancy-related disabilities in most cases.

Federally, the Pregnancy Discrimination Act prohibits employers from treating pregnant workers less favorably than others with similar abilities or limitations. The Pregnant Workers Fairness Act provides an additional layer of protection, requiring employers to provide reasonable accommodations unless doing so would cause undue hardship on the business.

Additionally, laws like FMLA and the California Family Rights Act provide job-protected leave for qualifying employees who need time off for pregnancy, childbirth, and bonding with a new child. Together, these laws create a strong legal framework to protect pregnant employees from unfair treatment and an unsafe work environment.

Penalties for Discriminating Against Pregnant Workers

Employers in Sacramento who engage in pregnancy discrimination can face significant legal and financial consequences under both state and federal law. If a claim is successful, employers may be required to compensate the employee for lost wages, benefits, and future earnings. This often includes back pay, front pay, and reimbursement for out-of-pocket expenses related to the discrimination.

In addition to economic losses, employers may also be liable for emotional distress damages. Courts recognize the personal and professional harm caused by discrimination, including stress, anxiety, and damage to reputation. In more serious cases involving intentional or egregious conduct, punitive damages may be awarded to punish the employer and deter similar behavior in the future.

Employers may also be required to reinstate the employee to their previous position, implement policy changes, and undergo training to prevent future violations. On top of that, they may be responsible for paying the employee’s attorney fees and legal costs, making pregnancy discrimination claims rather costly.

Measures to Take After Experiencing Pregnancy Discrimination

If you believe you’ve fallen prey to pregnancy discrimination in the workplace, what you do next can impact the outcome of your case and possibly your career. Start by documenting everything, including dates, conversations, emails, and any changes in how you’ve been treated at work after disclosing your pregnancy. Keep copies of your performance reviews, HR communications, and accommodation requests. Written records can become invaluable evidence later.

If possible, report the issue internally, either to a superior or your human resources department. Notify the necessary parties according to your company’s policies. If the situation does not improve or you face retaliation, it may be time to file a report with the California Civil Rights Department or the Equal Employment Opportunity Commission. These agencies are responsible for investigating allegations of discrimination or retaliation and can determine if laws have been broken.

If you haven’t already, now is the time to hire a pregnancy discrimination lawyer. While there is no legal requirement to work with an attorney, it’s certainly a benefit to your case to consult one. They can help evaluate your case, preserve evidence, meet filing deadlines, and pursue compensation or reinstatement if your rights were violated. Attorneys understand the state’s pregnancy discrimination laws, helping you avoid critical mistakes and hold your employer accountable.

Gender Discrimination

California law also prohibits employers from discriminating against workers on the basis of gender, gender identity, gender expression and sexual orientation. Unfortunately, in some work environments, this discrimination persists at all stages of the employment life cycle, from the initial hiring to firing or termination.

Gender-based discrimination involves a broad range of unlawful conduct. Perhaps your employer pays different wages or offers different benefits based on gender — a violation of the federal Equal Pay Act. Or perhaps you face more limited opportunities for advancement or less favorable working conditions on the basis of your gender. Another common form of gender discrimination is sexual harassment.

About Asbill Law Group

At Asbill Law Group, we’re a team of trial-ready lawyers who are dedicated to protecting the rights of both workers and employers in all matters of employment law. Working with clients of all backgrounds within all industries, we know what it takes to craft a compelling legal strategy. Trust our team to provide the legal guidance you need throughout your case.

FAQs

What Is the Average Settlement for Pregnancy Discrimination?

It’s impossible to say what the average settlement is for pregnancy discrimination cases, as settlement amounts are typically private and inaccessible to the public. Each case is evaluated individually, and outcomes depend on the facts of the case. You can expect a settlement amount to include your damages, like lost wages and lost benefits, as well as emotional distress and other non-economic damages. Your Sacramento pregnancy discrimination attorney can help you understand the value of your case.

How Do You Prove Pregnancy Discrimination in California?

To prove pregnancy discrimination, you must show that your pregnancy was a motivating factor in an adverse employment action. Evidence of discrimination can include sudden changes in treatment after telling your employer that you’re pregnant, negative comments about pregnancy, denied accommodations, and inconsistent enforcement of policies. Supporting proof can include emails, HR records, performance reviews, and witness testimony.

What Is the 80% Rule in Discrimination?

The 80% rule in discrimination law is a guideline used by the Equal Employment Opportunity Commission to identify potential adverse impact on employment practices. If a protected group is selected, hired, or promoted at a rate less than 80% of the most successful group, the policy may be discriminatory. This, of course, extends to pregnant workers. Note that even if a policy fails this test, it does not immediately mean that the practice is discriminatory.

Can I Be Fired While on Leave for Pregnancy?

Yes, you can be fired while on leave for pregnancy, as the law does not offer complete job protection. However, your employer cannot fire you simply because you have taken or requested leave. Rather, they need a valid reason to terminate you, such as poor performance or misconduct in the workplace. If you believe your termination was directly tied to your pregnancy leave, your attorney can help you investigate and work with you to pursue compensation.

Hire a Pregnancy Discrimination Lawyer

At Asbill Law Group, we represent women, men and transgender individuals suffering from unlawful discrimination in the workplace. With more than a decade of employment law experience, Attorney Natalia D. Asbill-Bearor knows how to work through the intricacies of the California Labor Code, the federal Fair Labor Standards Act and other applicable law. To get started, arrange a confidential consultation by calling 916-438-7777.