Articles Posted in pregnancy discrimination

Pregnancy discrimination is considered an ongoing threat to workers in California and nationwide. Though the EEOC has recently issued new guidelines to minimize discrimination in the workplace, additional legal action is often necessary to hold illegally acting companies responsible. A San Diego jury has also spoken out, awarding $186 million to a store manager who was fired after she was told that pregnant women can’t do the job. The manager’s employment was also terminated after she gave birth to her child. According to Reuters, the 43-year-old plaintiff will be awarded $873,000 in compensatory damages and $185 million in punitive damages. The groundbreaking verdict is considered the largest verdict ever awarded to an individual in an employment law case.

The manager at AutoZone was hired in 2000 as a customer representative and promoted in 2001 as parts sales manager, and in 2004 promoted to store manager. She became pregnant in 2005. After she told her employer that she was pregnant, it was suggested that she give up her management duties. She was then demoted to a parts sales manager in 2006 and suffered a pay cut. The new position required her to work long hours, repeat work duties for no reason, and endure abuse from her boss. After filing a lawsuit with the state, she was fired from her position at AutoZone. In addition to pregnancy discrimination, the lawsuit also alleged wrongful termination, gender discrimination, and retaliation.

A former district manager testified that the vice president of AutoZone scolded him for hiring too many women. At trial the district manager testified that the vice president asked him, “What are we running a boutique here?” He then proceeded to demand the manger to, “Get rid of those women.” According to court records, the plaintiff was told to quit, demoted, and then fired after being told that a pregnant woman wasn’t capable of managing the store. The jury ruled that the harassment was “severe and pervasive” and unanimously decided that she suffered illegal discrimination and harassment.

The Equal Employment Opportunity Commission has issued new guidelines for employers to prevent pregnancy discrimination. According to the agency, pregnancy discrimination claims are on the rise and lawsuits continue to be filed against employers who are in violation of federal labor laws. The Washington Post reports that the EEOC has filed a lawsuit against Savi Technology, an analytics firm, accused of discriminating against a female applicant who had recently given birth. Though the firm disputes the allegations, the EEOC has investigated the claim and decided to pursue a lawsuit, which was made public on August 7, 2014.

According to the complaint, the tech company made an original offer to the applicant for the position of Director of Human Resources. When executives learned that the applicant had recently given birth, the company took back the offer. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of employees. We will investigate any claim of discrimination and fight for the rights of workers, and any class of workers that has suffered discrimination. In addition to representing our own clients, our firm is abreast of changes in state and federal law and cases that reflect trends in employment law.

In accordance with the Pregnancy Discrimination Act, employers are prohibited from discriminating against pregnant women or based on childbirth and related medical conditions. There are many examples of pregnancy discrimination, including failure to hire, termination, failure to provide reasonable accommodations, or generally treating a female employee differently because she is pregnant. A representative from the EEOC found that the case was highly suspect since the woman was removed from her job immediately after the employer discovered that she was pregnant.

Pregnancy discrimination continues to pose a threat to women working or those looking to enter the workforce. For the first time in 30 years, the EEOC has updated its pregnancy discrimination guidelines to clarify the law for employers. The new guidelines articulate the law and make it clear to employers that failing to provide “reasonable accommodations” to pregnant women can be considered illegal discrimination under federal law.

In California and nationwide, women have been forced to confront employers who have failed to comply with “reasonable accommodations” requests. According to the EEOC, the guidelines are a necessary response, as pregnancy discrimination complaints are on the rise. Representatives from the EEOC have been overwhelmed by the number of complaints and the egregious employer actions that run afoul of the law. Being forced to respond to national complaints, the agency is hoping to curb future discrimination by making the law very clear for employers. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of women in the workforce. We will investigate any case involving pregnancy discrimination and will pursue every available avenue to achieve justice for employees.

The new EEOC guidelines mark a shift, clarifying in no uncertain terms, federal laws that may have once been confusing. The Pregnancy Discrimination Act of 1978 has been interpreted differently, both by employers and human resources departments, as well as by the courts. Lower courts have often interpreted “reasonable accommodations” differently and now a current case is headed to the Supreme Court for review. The EEOC is intervening early to clarify the laws and to prevent future pregnancy discrimination. According to agency leaders, the new guidelines are necessary at time where pregnancy discrimination continues to pose a problem in workplaces nationwide.

Pregnancy discrimination continues to threaten the security, position, and rights of women in the workforce. A class-action discrimination lawsuit has been filed against the large retailer, Pier-One Imports after a plaintiff was forced into maternity leave before her due date. California labor law protects women from such discrimination; however, not every state has the same protections for pregnant employees. The case was filed by the Legal Aid Society in the Superior Court of California in the County of Santa Clara.

Under California law, pregnant employees cannot be forced into voluntary leave. Our Orange County pregnancy discrimination attorneys are dedicated to protecting the rights of women in the workplace. Our legal team will investigate any allegation of pregnancy discrimination and pursue every legal avenue to protect your rights and interests. We are experienced with even the most complex employment and labor disputes and can effectively handle your case. In addition to advocating for our clients, our legal team is abreast of cases and legislative developments that impact the rights of our clients.

The plaintiff alleges numerous discriminatory acts, including failure to provide reasonable accommodations for her pregnancy. According to the Legal Aid Society, the plaintiff informed her employer that she was not able to lift more than 15 pounds during her pregnancy or climb ladders. According to Pier One, the company has a ‘light duty’ policy allowing pregnant women with related conditions to be on light duty up to 8 weeks. After these 8 weeks, the employees are put on unpaid pregnancy leave if continued accommodations are necessary. The plaintiff was put on light duty which ended after 8 weeks and then put on unpaid pregnancy leave which was set to expire before her duty date. According to these terms, the plaintiff would have had to return to work before she gave birth.

In California, it is illegal for employers to refuse to provide “reasonable accommodation” for employee conditions related to pregnancy or childbirth. If an employee requests reasonable accommodations upon the advice of a healthcare provider, the employer must act. 

Unfortunately, while the Pregnancy Discrimination Act is supposed to ensure that pregnant women do not face discrimination or abusive employment behavior, there are problems with this 35-year-old Act.  Loopholes have allowed courts to uphold an employer’s right to fire a woman after she sought reasonable accommodations during her pregnancy.  California state has passed some laws designed to address the employment problems pregnant women face and to provide added protection, but the state’s efforts have been imperfect.  This is why many women’s rights activists are supporting the Pregnancy Workers Fairness Act and urging lawmakers to pass it.

Because so many pregnant women do face unfair treatment on the job, this Act could go a long way towards improving conditions and making the workplace a better and safer place.  For women who are victimized, a Los Angeles employment attorney can provide legal representation.

Recent field experiments conducted by three universities revealed discriminatory behavior and hostile attitudes towards pregnant job applicants.

It concerns our employment lawyers in Orange that pregnant women experience such significant discrimination during the job search process.

The reasons for discrimination against pregnant job applicants are varied. But research has revealed four primary stereotypes that drive employers discriminatory attitudes including: inflexibility, need for accommodation, lack of commitment, and incompetence. The field experiments looked for two primary types of discrimination. First, the study attempted to measure formal discrimination which is whether a pregnant applicant was honestly communicated with about a job availability and her ability to apply.