Law Firm Focused on Representing Employees in Pregnancy Discrimination Cases
Pregnancy Discrimination Attorney in San Bernardino
Our San Bernardino employment lawyers exclusively represent employees who are, or believe they were, the victims of pregnancy discrimination in the workplace. It is clear under state and federal law, that employers may not discriminate against an employee because of pregnancy, childbirth, or a medical condition related to being pregnant. California employers are strictly prohibited from discriminating against pregnant employees or applicants in hiring, firing, promotions, compensation, suspension, training, pay, demotion, job tasks, scheduling, and other related terms and conditions of work. Moreover, if an employee is qualified under the rules’ protections, employers must provide her with “reasonable accommodation.” Accordingly, if you suffered the ramifications of pregnancy discrimination at work, contact our San Bernardino based attorneys by phone at (877)789-9707 or complete the online form for a free consultation.
Laws Protecting Pregnancy Employees
Under the Pregnancy Discrimination Act of 1978 (“PDA”) and California’s Pregnancy Disability Leave (“PDL”), employers are prohibited from all forms of pregnancy-based discrimination. Employers with 15 or more employees are obligated under the PDA law and employers with 5 or more employees are obligated under the PDL. Hence, these laws protect women who are going through pregnancy, childbirth and related conditions the same way that they must be lawfully treated if they had other medical conditions. There are also laws that prohibit physical or verbal harassment of pregnancy employees by supervisors, co-workers, and even clients/customers that the employer may be able to protect them from. This includes certain language about pregnancy, ability to work, body imaging, demeaning comments, and hostile work environment.
Retaliation Based on Pregnancy
These laws not only protect pregnant employees from discrimination, but they also prohibit employers from retaliating against employees who complain about pregnancy discrimination violations. Each of these claims is a separate cause of action, and our dedicated employment lawyers can guide you after evaluating your facts. Each case is fact specific and it is vital that you keep track of the chronology of events, emails, comments, and any contact you have had with the company’s Human Resources department. When presenting your case to enforcement agencies and eventually the court, we will need as many facts as possible to ensure maximum recovery.
Disability Resulting from Pregnancy Complications
Another area that our attorneys have focused on is disability resulting from pregnancy complications. Since pregnancy takes a heavy toll on an individual, it can cause many types of medical conditions. Therefore, employees who suffer from pregnancy related medical conditions may be entitled to a “reasonable accommodation” at their work. Some of the common ways that employers reasonably accommodate is by allowing the employment a flexible schedule so that she can attend necessary medical appointments, less strenuous tasks, less demanding shifts, and chairs or tables that assist with the medical conditions. If you have any questions, let our attorneys know.
Pregnancy Time Off and Maternity/Paternity Leave
Another area that produces litigation within pregnancy discrimination is when employees try to lawfully take time off of work for pregnancy and maternity/paternity leave. The laws require California employers to permit the same time off to an employee for childbirth as would be awarded to an employee for a disability. In addition, the Family and Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) provide additional protections and leave related guidance. For example, under the FMLA, some employees are permitted up to 12 weeks of unpaid medical leave to handle a medical condition. The CFRA goes even beyond that and provides for more protections. Further, the FMLA provides guidelines on maternity and paternity leave and how much time the employee and her spouse may take off if they wish to adopt a child. Employers may not retaliate against the employee if he or she exercised his or her right under the FMLA or CFRA.
Contact our experienced and knowledgeable attorneys today to discuss your case if you were denied the lawful option to take medical leave, or were discriminated or retaliated against in violation of the above laws
California Has Some of the Strictest Laws Protecting Employees
California employers may not refuse to hire a pregnant woman due to her pregnancy. At the same time, companies may not discriminate against pregnant employees via termination, demotion, non-promotion, layoff, discharge, job re-assignment, training, benefits, compensation/pay, benefits and other terms and conditions of employment. In addition, companies may not use the biases of other workers or clients as a pretext or rationale to negatively act against a pregnant employee.
Our San Bernardino employment lawyers also handle workplace issues under the Family Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”). Some of the most common issues handled include pregnancy leave and maternity/paternity leave. Sadly, employers treat employees differently if they have to take pregnancy or medical leave. In addition, if the pregnancy or medical condition creates a situation where the employee is temporarily disabled, the employer must treat the employee similarly as any other temporarily disabled employee.
Although California is known as one of the most liberal and employee-friendly states, pregnancy discrimination still exists at many of its workplaces, especially within San Bernardino. In response, attorneys at Stephen Danz and Associates are ready to represent any and all employees who experience or believe that their co-workers experience discrimination. If you or your colleagues faced discrimination based on pregnancy, or what appears to be pregnancy, in violation of California or federal law, contact our office today.
FMLA and CFRA ensure that employees may not be denied equal employment opportunities or treatment due to their pregnancy or perceived pregnancy. For a confidential free consultation, speak to our San Bernardino pregnancy discrimination and workplace retaliation attorneys today at 877-789-9707. We handle cases throughout California and are familiar with its laws and local courts.