More In This Category
View Transcript
In order for an employee to prevail on a claim of pregnancy discrimination, obviously you need to have a pregnancy
and a disclosure of that pregnancy to the employer. You can’t hold an employer
liable if the uh employee doesn’t disclose that they’re pregnant. Now sometimes there is other ways you can by
showing and things like that. So first you need a disclosure of pregnancy and
then you need an adverse employment action by the employer based on that pregnancy and an adverse employment
action can be a demotion. It can be a reduction of responsibilities. It can be exclusion from important meetings. It
can also be a termination. And sometimes that happens immediately after you disclose that you’re pregnant. Often
times, however, it happens after an employee attempts to return from a either a pregnancy leave or a bonding
leave or a leave having to do with medical complications related to the pregnancy. And when they come back to
the office, they see those types of behaviors, the adverse employment action, including the demotions,
reduction in responsibilities, etc. So to prevail on a claim, you have to show that the employer
took an adverse employment action that was motivated by the pregnancy. They were aware of the pregnancy and they
took some action that hurt the employees employment because of that pregnancy.
Contact Navid Yadegar
Email This Lawyer
(310) 437-8007
See All This Lawyer's Videos
Visit Lawyer's Website
Los Angeles, CA employment plaintiffs attorney Navid Yadegar talks about what’s required to win a pregnancy discrimination lawsuit. He addresses the requirements for establishing a pregnancy discrimination claim, which generally requires an employee to be pregnant and to have disclosed the pregnancy to the employer. He notes that an employer generally cannot be held liable for pregnancy discrimination if it was unaware of the pregnancy, although there may be circumstances where the pregnancy can be established through other evidence. Once the employer is aware of the pregnancy, the employee must show that the employer took an adverse employment action because of the pregnancy.
He explains that an adverse employment action can take many forms, including demotion, reduced responsibilities, exclusion from important meetings, or termination. He points out that termination may sometimes occur immediately after an employee discloses the pregnancy, while in other situations, adverse treatment may arise after the employee returns from pregnancy leave, bonding leave, or leave related to medical complications associated with the pregnancy. These actions may include demotion, reduced responsibilities, or other changes that negatively affect the employee’s position.
He emphasizes that, to prevail on a pregnancy discrimination claim, an employee must demonstrate that the employer knew about the pregnancy and took adverse action that was motivated by the pregnancy. The employee must establish a connection between the employer’s knowledge of the pregnancy and the action that negatively affected the employee’s employment.