San Diego Pregnancy Discrimination Lawyer

Pregnancy is a joyous, life-changing journey, but for many women, it can also bring unexpected challenges in the workplace. Far too often, we hear stories of talented, dedicated professionals who suddenly find their careers derailed simply because they are expecting a child.

Maybe your hours were cut without explanation. Maybe you were passed over for a promotion you earned or let go altogether after sharing the news. If that sounds familiar, you’re not alone. And more importantly, you don’t have to face it alone.

At Harlan Hillier DiGiacco, we help women throughout San Diego stand up to pregnancy discrimination and reclaim control over their careers. When workplace issues like discrimination arise, they can affect your life in profound ways, from costing you a promotion to jeopardizing your financial stability. In times like these, you need a legal team you can trust.

You’re not just a case number here. You’re a person with a family and a future that deserves protection. We take that seriously. Whether you need answers, accountability, or a San Diego pregnancy discrimination attorney to fight for your rights, call us anytime at (619) 330-5120 or fill out our online form.

“Mr. DiGiacco and his team are awesome. I appreciate the support and experience they provided to me. I make sure anytime I hear of a friend or family struggling with employer issues, to refer them to Mr. DiGiacco. I have had nothing but positive experiences surrounding a difficult situation that lasted a few years. Mr. DiGiacco did everything to make it as effortless as possible for me. It allowed me to continue to live, grow, and thrive as we worked towards a final resolution. If you pick this office, you have put your case in the right hands!”

– Jo Z. | Client

What Exactly Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. It’s a form of sex discrimination that, unfortunately, still happens in workplaces across San Diego and beyond.

This discrimination can manifest in many different ways, some obvious and some more subtle. Here are some common scenarios a San Diego pregnancy discrimination lawyer can help you with:

• Refusal to Hire or Promote: You might be fully qualified for a new job or a promotion but suddenly find yourself overlooked after disclosing your pregnancy.
• Firing or Laying Off: One of the most devastating forms of discrimination is being terminated or laid off solely because you are pregnant or because your employer anticipates you will need leave.
• Demotion or Reduction in Responsibilities: Your employer might reduce your hours, strip you of important duties, or demote you to a less desirable position after learning of your pregnancy or after you return from parental leave.
• Denial of Reasonable Accommodations: You may need small adjustments to your work environment or duties due to pregnancy-related conditions, such as more frequent breaks, lighter lifting, or an ergonomic chair. If your employer refuses to provide these reasonable accommodations, it could be discriminatory.
• Harassment or Hostile Work Environment: This can include offensive jokes, comments, or even outright intimidation related to your pregnancy, creating an uncomfortable or hostile work environment.
• Retaliation: If you report pregnancy discrimination or try to assert your rights, and your employer takes negative action against you (like firing you, demoting you, or cutting your pay), that’s illegal retaliation.

Watch How Our San Diego Pregnancy Discrimination Law Firm Recently Won a $9.3M Verdict for a Wrongfully Terminated Client

Harlan Hillier DiGiacco won a $9.3 million verdict for Marilyn Buron, a 69-year-old occupational therapist wrongfully terminated while on family leave to care for her ill son. This landmark case highlights the critical need for employers to respect their workers as human beings with lives, families, and responsibilities beyond the workplace. Watch the video to see how our firm helped Ms. Buron hold her employer accountable.

Your Legal Protections: Understanding Pregnancy Discrimination Laws in San Diego and Beyond

Fortunately, both federal and California state laws provide protections against pregnancy discrimination. California’s laws, in particular, often offer even broader safeguards than federal statutes. Our San Diego pregnancy discrimination law firm is well-versed in both.

Federal Protections Against Pregnancy Discrimination

• The Pregnancy Discrimination Act of 1978 (PDA): This is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It’s an amendment to Title VII of the Civil Rights Act of 1964. 
• The Americans with Disabilities Act (ADA): While pregnancy itself is not a disability, if you experience complications related to your pregnancy that qualify as a disability under the ADA, you may be entitled to reasonable accommodations. 
• The Pregnant Workers Fairness Act (PWFA): Effective June 27, 2023, further strengthens protections by requiring most employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. This means even minor limitations can trigger the need for accommodations.
• The Family and Medical Leave Act (FMLA): This law provides eligible employees with up to 12 weeks of job-protected, unpaid leave for qualifying family and medical reasons, including the birth of a child and to care for a newborn or for a serious health condition related to pregnancy.

California State Protections Against Pregnancy Discrimination

• California Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination based on sex, which includes pregnancy, childbirth, breastfeeding, and related medical conditions. FEHA applies to employers with five or more employees and covers all aspects of employment. It also requires employers to provide reasonable accommodations for pregnancy-related conditions and to provide up to four months of job-protected Pregnancy Disability Leave (PDL) for employees disabled by pregnancy.
• California Family Rights Act (CFRA): Provides eligible employees with up to 12 weeks of job-protected, unpaid leave for family and medical reasons, including bonding with a new child (birth, adoption, or foster care placement). CFRA leave is separate from PDL, meaning an employee may be able to take both PDL (for disability) and CFRA (for bonding) consecutively, offering significant leave time.
• New Parent Leave Act (NPLA): The NPLA applies to smaller employers (20-49 employees within a 75-mile radius) who might not be covered by CFRA. It provides eligible employees with up to 12 weeks of job-protected, unpaid leave to bond with a new child.

Understanding all the different laws that protect pregnant employees, including federal, state, and everything in between, can be confusing. You might be wondering whether your employer crossed the line or acted unfairly.

At Harlan Hillier & DiGiacco, we make the law make sense. A San Diego pregnancy discrimination attorney will explain what protections you have, how your employer may have violated them, and what options you have moving forward. You deserve clarity and a legal team that knows what it’s doing. Call us today at (619) 330-5120 or fill out our online form.

What to Do If You’re Experiencing Pregnancy Discrimination

While we understand that this is a stressful time, if you believe you’re facing pregnancy discrimination at work, it’s important to take action.

Here’s what you can do right now to protect yourself:

Start Documenting What’s Happening

Keeping a detailed record is one of the most effective ways to support your case. Write down each incident you believe is discriminatory. Include the date, time, location, what happened, who was involved, and anything that was said. Save emails, texts, memos, or any other communication that supports your concerns. If there are witnesses, try to make a note of who was present. 

Report the Discrimination to HR or Management

If you’re experiencing pregnancy discrimination, one of the most important steps you can take is reporting it to your employer. This usually means notifying your Human Resources department or a supervisor, depending on your company’s reporting structure. Follow your employer’s policies closely when filing the complaint, and be sure to keep a copy of everything you submit.

Reach Out to a Pregnancy Discrimination Lawyer in San Diego as Soon as Possible

Pregnancy discrimination cases are subject to strict filing deadlines, and waiting too long can limit your legal options. The earlier we get involved, the more we can do to help, whether that means preserving key evidence, preventing retaliation, or simply helping you understand what’s going on and what your options are going forward.

What You May Be Entitled To in a San Diego Pregnancy Discrimination Lawsuit

A successful pregnancy discrimination claim isn’t just about holding your employer responsible; it’s about helping you move forward and regain what you’ve lost, both financially and emotionally.

Depending on the facts of your case, here’s what compensation and remedies may be available to you:

• Lost Wages and Benefits: If you were demoted, denied a promotion, wrongfully terminated, or lost income in any way because of pregnancy discrimination, you may be entitled to recover what you would have earned. This can include both back pay (the wages and benefits you already lost) and front pay (future income if you can’t return to your previous position or find a similar job).
• Reinstatement: If you lost your job or were pushed out, the court may order your employer to reinstate you to your former role or a comparable position. 
• Emotional Distress: Being discriminated against, especially during a vulnerable time like pregnancy, can be incredibly stressful. You could receive compensation for the anxiety, emotional pain, or mental distress you experienced.
• Attorney’s Fees and Legal Costs: Your employer may also be required to cover your legal fees and court costs.

The Benefits of Having a Pregnancy Discrimination Attorney in San Diego on Your Side

If you’re dealing with pregnancy discrimination, it’s easy to feel like the odds are stacked against you, especially when you’re up against a company with lawyers and HR teams ready to defend their actions. Here’s why having an attorney is critical:

• We Understand the Laws Inside and Out: Pregnancy discrimination cases often involve a mix of federal and California laws. Knowing which laws apply and how they work together is complex.
• We Level the Playing Field: Employers have resources, and so should you. We stand up to companies and their legal teams on your behalf. You won’t have to go through this alone or feel outmatched.
• We Know How to Build a Strong Case: It takes more than just your word to prove discrimination. We gather the right evidence, interview key witnesses, and uncover facts that most individuals simply can’t access on their own.
• We’re Skilled Negotiators and Trial Attorneys: Most cases settle out of court, and we’re experienced in negotiating fair results. But if your employer won’t do the right thing, we’re fully prepared to take your case to trial. Our team has handled, tried, and resolved hundreds of employment law cases across San Diego.

Having experienced legal representation dramatically increases your chances of a successful outcome.

A recent Martindale-Nolo study found that more than 90% of people who hired a lawyer received a settlement or award, compared to only about 50% of those who handled their case alone.

Harlan Hillier DiGiacco Is Here to Defend Your Job and Your Growing Family

No woman should ever have to choose between building her family and keeping her career. If you’ve been mistreated at work because of pregnancy, childbirth, or a related condition, you don’t have to accept it.

At Harlan Hillier & DiGiacco, we take your case personally because we know what’s at stake: your livelihood, your well-being, and your future. To schedule your free consultation, call our award-winning San Diego employment law firm today at (619) 330-5120 or fill out our online form.

Proudly Representing San Diego Residents

San Diego Pregnancy Discrimination FAQs