Los Angeles Employment Attorney Blog

Discriminating against a pregnant employee because of her pregnancy is against the law (California Government Code Sections 12920 - 12965) However, proving an employer's discriminatory intent is challenging. Employers are not known for admitting such unlawful conduct. So, to prove that the employer has discriminated against a pregnant employee because of her because pregnancy may require trying to establish that the employer has an history of discriminating against women because of pregnancy.

Federal District Courts of Appeal are almost uniform in agreeing that evidence of how an employer has discriminated against other employees is admissible.  This is called "me too" evidence. And, Los Angeles employment attorneys have been asking Los Angeles judges to admit such evidence based on federal cases.

Things have just gotten worse for employers and much better for pregnant employees.  In a great decision last Thursday, April 30, 2009, the California Court of Appeal in Johnson v. United Cerebral Palsy/Spastic Children Foundation of Los Angeles and Ventura, ruled that "me too" evidence was admissible to establish a triable issue of material fact in opposition to a summary judgment. While the decision pertained to a pre-trial summary proceeding, it paves the way for "me too" evidence being admissible at trial.

Now, if an employer has discriminated against pregnant employees in the past, a plaintiff claiming pregnancy discrimination may call as witnesses at trial women who were discriminated against by the same employer because they were pregnant. This is important because discriminatory intent is generally established by circumstantial evidence. What does this mean It means that employers may be able to get away with discriminating against someone once.

But, if they keep discriminating against their employees, a plaintiff is going to come along and bring in those previously discriminated employees to court and make a good case that she was unlawfully discriminated against too. In fact, its seems totally reasnable and consistent iwth the decision that this "me too" evidnece" will be admissible in any type of discrimination case. And, that type of evidence is powerful to establish discriminatory intent. Employers, discriminate once, maybe you will get away with it. Discriminate twice and you can be sure some Los Angeles employment attorney is going to make you pay the price.

It is really great when our courts issue decisions that support decency and respect for working people. Moral of this story - our future mothers have a right to work free of disrimination.The Abel Law Offices, employment law attorneys, with offices in Los Angeles, Irvine, Woodland Hills, and Westlake Village represent pregnant women who have been unlawfully discriminated against in the workplace. If you have been the victim of unlawful discrimination because of pregnancy seek the assistance of an employment law lawyer.