The federal Civil Rights Act was a tremendous forward leap for members of protected classes in the workforce, including pregnant women. California expands those protections under several acts supporting pregnant employees, including the right to reasonable accommodations, job-protected pregnancy disability leave, and maternity leave under the California Family Rights Act. Still, despite these strong protections, not all employers in California adhere to the law. If a California employer discriminates against a pregnant employee during the application and hiring process or in the workplace, the wronged party has the right to file a complaint. A common question in this process is often: Is it worthwhile? How much can I get from a California pregnancy discrimination case?
Understanding Compensation In a California Pregnancy Discrimination Case
California’s employment laws prohibit discrimination against protected classes on the basis of race, sex, age, and disability. This includes pregnant women and pregnancy-related temporary disability. A key aspect of these protections includes prohibiting an employer from retaliating against a pregnant employee by terminating their employment, demoting them, ending their health insurance coverage, reducing their hours and wages, or creating a hostile work environment. Compensation in a discrimination claim typically recovers the following:
- Lost wages, salary, commissions, bonuses, and benefits
- Compensation for emotional distress
- Punitive damages are sometimes awarded to the discrimination victim to serve as a punishment and deterrent to the employer
Proving discrimination requires compelling evidence showing that the employer’s action violated an employee protection law, such as Pregnancy Disability Leave (PDL), or the California Family Rights Act (maternity leave). These laws apply to California employers with five or more employees.
How Much Is a Typical Pregnancy Discrimination Case Worth In California?
There is a wide range of outcomes in pregnancy discrimination cases, depending on the following:
- The seriousness of the violation
- The claimant’s financial losses
- The extent of the distress that the discrimination caused to the claimant
- The size of the employer’s company
- Whether the employer acted with willful misconduct, and the egregiousness of the violation
Depending on the circumstances and complexity of the claim, typical pregnancy discrimination claim settlements range from $50,000 to $1,000,000.
Examples of Compensation In Pregnancy Discrimination Cases In California
An experienced California employment lawyer evaluates the merits of your unique case and helps you to know what to expect under the details of your claim; however, examining some of the following outcomes of recent claims can help:
- There was a $3 million settlement awarded in a claim against a supermarket that refused a request for light-duty work for pregnant women while allowing it for other temporary disabilities
- $185 million was awarded to a San Diego Woman after Autozone discriminated against her by demoting and then firing her after her pregnancy announcement
The employer must also pay attorneys’ fees and court costs in most successful claims.
How Can a California Employment Lawyer Help My Case?
Filing a claim against an employer for pregnancy discrimination requires compelling evidence and meticulous attention to filing details, dates, and timelines. Call or contact Sparrow Law Firm online to learn more about what you can expect within the merits of your unique case.