Los Angeles and Long Beach Female Dockworkers File Discrimination Lawsuit

In a recent federal discrimination lawsuit, female dockworkers claim pregnancy discrimination against the shippers, Pacific Maritime Association (PMA), and the International Longshore and Warehouse Union (ILWU) Local 13. The lawsuit was filed in Los Angeles. The lawsuit claims that the union and the shippers discriminated against pregnant dockworkers at both the Port of Los Angeles and the Port of Long Beach. 

The pregnancy discrimination lawsuit is based on claims made by four dockworkers alleging that: 

·      they did not receive promotions or union membership

·      they saw a decrease in pay, and 

·      they were not offered lighter duties during their pregnancies.

Other violations and claims backed claims of pregnancy discrimination. At least one female dockworker who suffered a miscarriage was forced to return to work before she was ready. According to the lawsuit, male workers did not see similar consequences of missing similarly lengthy stretches of work. The attorney representing the women in the case suggested that this particular claim could apply to hundreds of dockworkers. Women make up about 40% of LA and Long Beach’s casual workforce, but the policies do not reflect the situation. This case aims to bring the situation to light.

When asked about the situation, other dockworkers had a lot to say. One California female dockworker named Tonya stated that she worked at the Port of Oakland for five years and experienced similarly discriminatory behavior. She said it happened all the time. She recalls one man who started as a checker. He took three out of five months off work at one point due to family issues without any problems. He was promoted not long afterward. A woman who worked in the same location during the same timeframe and in a similar position had a baby and took maternity leave. When she returned from maternity leave, other workers were promoted above her, who had significantly less experience and were newer hires. When the woman asked about the situation, she was told she lacked commitment to the job.

Dockworkers are usually offered generous hours off during active military deployment or when they have experienced an injury on the job. Following these periods off, employees are generally still provided back pay and offered promotions as if they never left work. But when the stretch of “off the job” time is related to pregnancy, there is a pattern of negative consequences. It acts as a blemish on their work record. One female dockworker described it as feeling as though she were being punished because she wanted to have a baby.

If you are experiencing pregnancy discrimination or if you need to file a discrimination lawsuit, we can help. Get in contact with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.