California Parental Status Discrimination Attorney

The role of a parent is incredibly important both in the family and in society as a whole. Yet employers often view parenting obligations as a nuisance that detracts from workplace loyalty and efficiency. Many parents put up with discriminatory actions from their employers because they are not aware that an array of federal, state, and local laws guarantee them the right to work free from inappropriate discrimination.

Employers violate the law all the time, and often get away with it.

At Justice Law Corporation, we know this is not right, and we work to hold employers accountable when they discriminate on the basis of parental status. In many cases, we are able to help parents obtain compensation for the harm they’ve suffered in the past and protections to ensure that their rights are respected in the future. Parents who work with a Justice Law Corporation California parental status discrimination attorney to enforce their rights as employees improve working conditions for themselves and for their co-workers.

Discrimination Because of Family Responsibilities Affects Parents in All Circumstances

Many different types of employers can be held liable for discriminating against workers from all walks of life. Parental status discrimination affects men and women regardless of job type or income level. It is a serious problem that will only get worse if parents continue to allow their employers to treat them negatively because of their family responsibilities.

Discrimination on the basis of parental status can often be quite subtle. Many employees do not immediately realize that they’ve been subjected to discrimination. Others can see that it is harming their career, but they assume—incorrectly—that they must simply accept it. The team at Justice Law Corporation believes that parents deserve respect rather than hardship, and we work to get employers to acknowledge their mistakes, make amends for past wrongs, and commit to abiding by anti-discrimination laws going forward.

Understanding Employment Discrimination Protection

It is important to understand when an employer’s treatment constitutes discrimination and when that discrimination is unlawful under state, federal, or local law. An employer discriminates against an employee any time they treat that employee differently from other employees. Not all discrimination is illegal. For instance, an employer can pay one worker more than another because the higher-paid worker has more experience or education.

Discrimination becomes illegal when it is based on a factor protected by law. Many workers are aware that their employer is not allowed to discriminate and treat an employee negatively because of their race or religion. But the laws protect many other factors, including those connected with family obligations. A California parental status discrimination attorney works to secure remedies available under the applicable laws when an employer unlawfully discriminates on the basis of familial status or other protected characteristics.

Examples of Employment Discrimination Based on Parental Status

Discrimination can be obvious, but it often takes investigation and thoughtful consideration to realize that an employer is unlawfully discriminating against an employee. Since discrimination can involve virtually any unfavorable treatment, it can take many forms. Such action might include firing or laying off an employee, or refusing to hire an applicant because of a protected characteristic.

It can also involve actions such as:

  • A supervisor harassing an employee because of family obligations or refusing to respond appropriately when other employees engage in sexual harassment that creates a hostile work environment.
  • Refusing to provide training
  • Paying lower wages
  • Providing fewer benefits, such as vacation time or insurance
  • Giving an unsatisfactory performance review without adequate justification
  • Denying a promotion
  • Giving an employee less desirable job tasks or hours

At Justice Law Corporation, we are committed to ending unlawful discrimination, but unfortunately, we’ve seen that it can be very prevalent in all types of work environments. Employees have been denied promotions because they took family leave to care for a new child or an ill family member. This can be considered unlawful retaliation when it is based on an employee’s exercise of the right to take leave in such situations.

Employers also discriminate by only promoting employees who are single or childless because they believe these workers will be able to devote more time and energy to their work. They discriminate by refusing to hire a job applicant who is pregnant because they think she will put her child’s needs ahead of work obligations.

Frequently, employers discriminate in scheduling. They can be flexible in allowing workers without families to set their own schedules, while being extremely inflexible when an employee needs an earlier schedule to accommodate daycare hours. Or they don’t offer training opportunities to employees who are expecting a child because they assume the employee will quit or reduce their hours when the child arrives. Sometimes they will accuse an employee with family obligations of refusing to complete job requirements or violating rules they’ve just invented.

Employers have the right to treat employees differently, but they cannot treat employees negatively because of a protected characteristic. An experienced California parental status discrimination attorney can help demonstrate that an employer’s actions violated the law and that the employees harmed by this violation should receive compensation.

The Laws That Protect Workers with Family Responsibilities

While there are no specific statutes labeled as “parental status discrimination” laws, the team at Justice Law Corporation uses a collection of federal, state, and local legislation and judicial interpretations to enforce the rights of employees in California. Often, an employer violates the law by taking actions based on stereotypes rather than an individual employee’s job performance.

For instance, an employer in Los Angeles might have a policy of refusing to hire females for a sales job that requires travel or entertaining clients in the evening because the employer assumes that if these women have children, they will be the primary caregivers and will look for reasons to cut travel assignments or dinner meetings short. This policy would violate Section 51.03 of the Los Angeles Municipal Code because it discriminates on the basis of gender. (The policy would violate provisions of federal and state law as well.) A knowledgeable parental status discrimination attorney in California will know how to determine the most advantageous legal requirements to apply in a particular situation.

Some of the laws that protect parents in California against employment discrimination include:

Laws that prohibit discrimination on the basis of sex are often defined to include pregnancy, childbirth, breastfeeding, and related factors. For instance, Section 1031 of the California Labor Code requires employers to provide a private space for lactating mothers to express breast milk, and Section 1030 requires employers to provide reasonable lactation breaks. Employees denied breaks or appropriate space are entitled to compensation. It takes an in-depth understanding not only of the laws themselves but also of how they are interpreted and applied to make the most effective case for parental status discrimination.

FAQs About Parental Status Discrimination in California

Because parental status is not specifically protected under the law, employees often have many questions about their rights and how to enforce them. Application of the law can be more complex in these cases than in other employment discrimination cases in California.

We’d be happy to answer questions pertaining to your situation if you contact us to schedule a free, confidential consultation. It is not possible to provide complete answers here that cover every situation. But we can provide some general answers to questions we commonly receive about parental status discrimination.

What is Family Leave Discrimination?

The federal Family and Medical Leave Act requires employers to provide workers with leave in certain situations and prohibits employers from retaliating when workers take advantage of those leave provisions. California law takes these requirements much further. Employees should have the benefit of job-protected leave when they need to care for family members, bond with a new child, bereave the loss of a loved one, or suffer a reproductive loss.

However, employers frequently violate these rights. They may deny leave, discourage employees from taking leave, harass employees who take leave, treat employees unequally after they’ve taken leave, or otherwise retaliate against employees who simply seek to use the rights they’ve been granted under the law. These are all forms of family leave discrimination.

How Do You Fight Parental and Familial Discrimination?

There are several steps employees can take to address parental and familial discrimination in the workplace. One critical step is to document and keep records of all incidents, including those that may be connected to discrimination. This includes taking notes about conversations, keeping copies of emails and other correspondence, obtaining copies of policies, and recording observations about how different employees are treated. It is also important for employees to be aware of their rights. It is much easier to recognize a violation of the law when you know what the law requires.

If you believe your employer has violated your legal rights, it is a good idea to find out what the employer’s policies are for reporting and addressing this type of violation. There may be an internal procedure for reporting the issue, such as filing a complaint with the human resources department. But before taking action, it can be helpful to consult a California parental status discrimination attorney for advice. At Justice Law Corporation, our team members know how to achieve results for clients through internal processes such as negotiation, as well as high-profile litigation, including class action lawsuits.

How Do You Prove Your Employer Has Discriminated Illegally?

It can be challenging to obtain proof of workplace discrimination. Sometimes an employer publishes policies that openly violate the law, but usually it is necessary to painstakingly seek out evidence of the discriminatory intent behind an employer’s actions. This could stem from comments about an employee’s leave or expected family obligations, which is why it’s important to keep records of conversations. Patterns of conduct can also be used to prove discrimination. For instance, an attorney may be able to obtain records showing that all employees without children receive more non-salary compensation, or that pregnant employees are always the first to have their hours cut.

How Do I Know Which Anti-Discrimination Laws Apply to My Situation?

Parental and familial discrimination cases may involve numerous laws, and the application of the law is not always obvious. You can learn more about the legal protections provided by various laws by reading the information provided by agencies that enforce these laws, including the California Civil Rights Department and the U.S. Equal Employment Opportunity Commission. You can also reach out to a knowledgeable attorney who handles discrimination cases and enforces employees’ workplace rights under the FMLA, wage and hour laws, and other laws.

How Much Does It Cost to Work with a California Parental Status Discrimination Attorney to Enforce My Rights?

While we cannot tell you what other law firms charge, we can tell you that the experienced attorneys at Justice Law Corporation work on a contingency fee basis. Under this type of arrangement, our fees are deducted at the end of the case based on the amount we recover for you. So you do not pay anything to work with our team until we’ve succeeded. We also do not charge anything for consultations, so there are no upfront costs or risks to you.

Learn More About What a California Parental Status Discrimination Attorney at Justice Law Corporation May Be Able to Accomplish in Your Situation

When employers fail to honor their employees’ rights, those workers often lose out in significant ways that add up over time. The team at Justice Law Corporation is ready to put a stop to discriminatory practices and to recover compensation for violated rights and missed opportunities.

By working with an attorney to address discrimination violations, you can create a better workplace environment for yourself and others. And nothing quite compares with the feeling you get when you receive justice for the wrongful treatment you’ve received.

So, if you believe that your employer has behaved unfairly toward you because of your obligations to your family or status as a parent, call us at 818-230-7502 or contact us online now to schedule a free consultation and case evaluation to find out what a California parental status discrimination attorney at Justice Law Corporation may be able to accomplish in your situation.