High-risk pregnancies can change an employee’s work needs in a moment. An employee can go from doing her regular job when her pregnancy is low-risk to suddenly having to deal with restrictions on lifting, standing, and even working too long. But when employers respond to that by terminating the employee immediately, it raises serious legal concerns. If you’ve been targeted at work due to pregnancy, it’s time to talk to a pregnancy discrimination attorney in Pasadena.
At Riggins Law, we’re committed to advocating for California workers as they stand up for their rights. Our state provides significant protections to employees, and our job is to protect them. Attorney Christa Riggins exclusively represents employees and has helped employees assert their rights, resulting in successful trial verdicts and settlements. Call our California employment law firm at 626-365-1599 to set up a consultation now.
What the EEOC’s TEG Staffing Case Shows About Pregnancy Discrimination
In one recent case, the EEOC announced that TEG Staffing, Inc. agreed to pay $185,000 and provide other relief to settle a pregnancy discrimination lawsuit. The agency, which was operating as Eastridge Workforce Solutions, assigned a female employee to a Feit Electric warehouse. The worker was then allegedly terminated because of her pregnancy. Other pregnancy discrimination complaints against the company date back to at least 2019. Per the EEOC, the alleged conduct violated Title VII of the Civil Rights Act of 1964. This case is far from unique, but it serves as an important reminder that employers cannot just terminate or remove pregnant employees when their needs become inconvenient.
Pregnancy Discrimination, Temporary Restrictions, and the PDA
The Pregnancy Discrimination Act protects employees from being treated worse than other employees due to pregnancy, childbirth, and other related conditions. Employers cannot assume a pregnant employee is unable to work, terminate her because of pregnancy, or retaliate against her for needing restrictions.
Common pregnancy restrictions include lifting limits, reduced standing, extra bathroom breaks, schedule changes, limits on chemical exposure, and limits on certain physically demanding tasks. These restrictions are rarely permanent and are often only in place until the employee is no longer pregnant and is ready to resume work.
Pregnancy discrimination lawyers handle cases where employers respond to these restrictions with termination, demotion, or other forms of retaliation. Even if an employer is inconvenienced by pregnancy-related restrictions, they are still legally obligated to make accommodations.
When High-Risk Pregnancy Triggers Accommodation Rights
High-risk pregnancies may overlap with accommodation laws when they involve medical conditions. Conditions that may qualify include preeclampsia, gestational diabetes, needing, hypertension, and hyperemesis gravidarum.
Accommodations an employee may need for a pregnancy-related diagnosis may include modified duties, additional breaks, a temporary transfer, schedule adjustments, and leave for increased appointments.
Evidence to Save
When an employee suspects discrimination due to pregnancy, it’s important to start saving evidence. Even if they aren’t yet at the point of reaching out to a pregnancy discrimination attorney, collecting evidence now can help them better protect their rights if the situation escalates. Helpful evidence may include:
- Doctors’ notes
- Pregnancy restriction forms
- Emails or texts to supervisors
- HR messages
- Schedules and assignment records
- Termination notices
Keeping a written log of related experiences and comments can also help. If a pregnant employee is subject to comments about pregnancy, lifting limits, attendance, inconvenience to the company, or threats of retaliation, they should write down who said it, what was said, where and when it occurred, and who may have witnessed it.
Damages and Remedies That May Be Available
Pregnant employees must be fairly compensated after discrimination, as dealing with a high-risk pregnancy can make it exceedingly difficult or impractical to line up a new job. Pregnancy discrimination claims may involve lost wages, lost benefits, emotional distress, reinstatement, policy changes, and correction of personnel records. Available remedies largely depend on the facts and circumstances of your case, which is why you should talk to a pregnancy discrimination lawyer if you feel unfairly targeted.
Discuss Your Options With Our Pasadena Employment Law Attorney
If you’ve been discriminated against due to pregnancy or childbirth, our pregnancy discrimination law firm is here to advocate for you. To learn more about your rights and options, call us at 626-365-1599 or connect with us online.
