Filing a Pregnancy Discrimination Lawsuit in California
While numerous federal and state laws protect pregnant employee rights, pregnancy discrimination remains rampant in the workplace. Here is how to file a pregnancy discrimination lawsuit in California.
To file a pregnancy discrimination lawsuit in California, the employee must file a claim with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Depending on the action taken by either of the administrative agencies, the claim may be dismissed, voluntarily settled with the employer, or proceed as a lawsuit.
Filing a Pregnancy Discrimination Claim
To file a pregnancy discrimination claim in California, the employee must file with either the state administrative agency, the California Department of Fair Employment and Housing (DFEH), or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). An employee may choose to “cross-file” the claim with either agency to file a violation of both federal and state laws.
To file a claim with the DFEH, the employee must first contact the headquarters to set up an appointment at a district office. The employee can file a claim with the employment discrimination hotline by calling (800) 884-1684 or emailing contact.center@defh.ca.gov. If the employee is deaf or hard of hearing, they can call (800) 884-1684 (through California’s Relay Service by dialing 711) or (800) 700-2320 or email contact.center@defh.ca.gov. The employee can also fill out a DFEH intake form through the interactive Cal Civil Rights System, CCRS.
To file a claim with the EEOC, the employee can submit an online inquiry through the online portal. After submitting an inquiry and completing an interview, a Charge of Discrimination can be completed through the same portal. While the EEOC does not take charges over the phone, the employee may also contact (800) 669-4000 to discuss their situation and receive basic information regarding filing a charge.
In preparing for the investigation process, the employee must gather:
- Specific facts and any records related to the discrimination incident(s), including the name and contact information of the person or entity that harmed the employee (if known)
- Copies of any documents or related evidence to the complaint
- Names and contact information of any witnesses (if known)
Related: Pregnant Employee Rights in California
Statute of Limitations for Filing a Pregnancy Discrimination Claim
In filing a pregnancy discrimination lawsuit, the employee should not delay in contacting either the DFEH or the EEOC. A strict three-year statute of limitations applies to filing employment discrimination claims in California.
Effective January 1, 2020, a California employee now has three years to file a charge of pregnancy discrimination with the DFEH. This means that 3 years after the discrimination incident, the employee no longer has the right to file this specific claim with the DFEH.
If filing with the EEOC, the employee has 180 days from the date of the alleged violation to file a charge. This 180 calendar day filing deadline is extended to 300 calendar days depending on state or local anti-discrimination law. However, federal employees only have 45 days to file a complaint with the EEOC.
Regardless of how much time the employee has to file a claim, it is best to file as soon as possible.
After Filing a Pregnancy Discrimination Claim
The DFEH and the EEOC have similar outcomes following the employee’s discrimination claim. The claim may be dismissed if it was not filed in time or if the DFEH or the EEOC do not have jurisdiction. If either of the administrative agencies decide to investigate the case, they may ask both the employee and employer to take part in a voluntary mediation program to reach a settlement. If no settlement is reached, the investigation will continue. Based on their findings, the EEOC or DFEH may find that no discrimination occurred, closing the case.
The agency will then send the employee a “Notice of Right to Sue”, giving the employee permission to file a lawsuit against the employer. If the appropriate administrative agency determines that discrimination occurred, mediation will take place in an attempt to reach a voluntary settlement with the employer. If such a settlement cannot be reached, the appropriate agency may decide to file a lawsuit against the employer. If the agency decides against a lawsuit, the employee is given the Right to Sue.
Obtaining a Right to Sue Notice
If the employee prefers to forgo the DFEH investigation process and proceed to file a pregnancy discrimination lawsuit instead, the employee can obtain an immediate Right To Sue notice. To do so, the employee can either submit a request through the Cal Civil Rights System, CCRS, or download and print the right to sue form and mail it back to DFEH headquarters.
If filing with the EEOC, the employee can access the Public Portal and upload a request for a Notice of Right to Sue. The employee may also send a request to the EEOC office responsible for investigating the discrimination charge.
Prior to obtaining a Notice of Right to Sue, the employee must have the following information available:
- Contact information and mailing address for the person or employer that the employee is filing against
- Contact information and mailing address for any additional person(s) the employee is filing against
- Contact information and mailing address for the “Agent for Service.” This is the person that will be notified of the employee’s intent to sue. The employee may provide the contact information of the Human Resources Manager or Owner/President of the company.
It is important to note that if the employee receives a Right to Sue notice, the complaint can no longer be investigated by the DFEH or EEOC, even if the lawsuit is ultimately not filed. Moreover, the employee should consider the need for an attorney in filing a lawsuit. Contact Her Lawyer to get in touch with one of our experienced Pregnancy Discrimination Attorneys. Our attorneys will vigorously defend your rights and won’t receive compensation unless your case is won.
FAQs About Filing a Pregnancy Discrimination Lawsuit in California:
How do I prove an incident of pregnancy discrimination?
To prove an incident of pregnancy discrimination, the employee must have either direct or circumstantial evidence. The pregnant employee must be able to prove the following: 1) she is or was pregnant at the time of the discrimination incident, 2) she was qualified for her position, and 3) her status as a pregnant woman led to an adverse job action from the employer. Essentially, the pregnant employee must prove that there is a connection between being pregnant and being treated differently compared to other employees.
What should I do if I believe I am facing pregnancy-based discrimination?
If a pregnant employee believes they are facing pregnancy-based discrimination, they should take note of all discrimination incidences. It is important to have detailed information when bringing forth a discrimination claim. It is often recommended that communication with the employer be in written form to maintain records for possible evidence.
When should I file a lawsuit from when I receive a Right to Sue notice?
If the employee receives the Notice of Right to Sue from the EEOC, they must file the related lawsuit within 90 days. If the employee receives the Notice of Right to Sue from the DFEH, they must file the related lawsuit within a year.
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If you’ve experienced pregnancy discrimination in the workplace, contact us. We’ll get you in touch with the most qualified attorney to help you file a pregnancy discrimination lawsuit. Get your free consultation with one of our experienced Pregnancy Discrimination Lawyers in California today!