Law Firm Dedicated to Representing Employees in Pregnancy Discrimination Cases
Our Bakersfield pregnancy discrimination lawyers represent employees, directors, and executives who are victims of pregnancy discrimination in the workplace. If you believe that you have been discriminated against based on your pregnancy, please contact our office. Our attorneys will meet and guide you on how to enforce federal and state laws that strictly prohibit discrimination on the basis of pregnancy. The most common laws that are violated in the workplace is the federal Pregnancy Discrimination Act (“PDA”) and California’s Pregnancy Disability Leave (“PDL”). Under PDA and PDL, employees have the right to be treated the same as other employees or applicants.
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 Bakersfield employment lawyers also handle workplace issues under the Family Medical Leave Act (“FMLA”) and California’s 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.
Pregnant employees must be permitted to work if physically able. An employer may not adopt a rule that keeps an employee from returning to work for a predetermined length of time after childbirth. The FMLA requires employers to allow employees up to 12 weeks of unpaid leave for maternity/paternity. But, this is a minimum and employers at times under CFRA must provide other benefits. In addition, FMLA requires that the employer keep the job open for that pregnancy-related leave similar to the time periods that jobs are held open for other medical or disability leave. In fact, under the Affordable Care Act, women who are nursing may have more rights to take breaks during the workday. This is in addition to the new requirement on employers to provide space such as a closed dedicated room for an employee to express milk.
In 2014, the California legislature passed Government Code 50479 which required most public airports to provide a room (other than a restroom with a chair and electrical outlet) to pump breast milk in private. In 2015, California expanded this requirement to schools operated by school districts and charter schools to provide “reasonable accommodation” to lactating pupils on the school campus to express/pump breast milk, breastfeed an infant, or address other related needs. (Cal. Education Code § 222).
If an employee requests time off due to pregnancy, the employer may not retaliate against him or her. Also, the employer may not retaliate against said employee if the employee filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) or other enforcement agency about the pregnancy discrimination or assists in a pregnancy discrimination lawsuit, proceeding, or investigation. If you believe that you are a victim of pregnancy discrimination, please contact our Bakersfield employment lawyers at (877)789-9707 or complete the online form.
Do Not Remain Silent in the Face of Unlawful Pregnancy Discrimination
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 Bakersfield. 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 Bakersfield 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.