San Bernardino Pregnancy Discrimination Lawyer

San Bernardino Pregnancy Discrimination Attorney

For many, pregnancy is an exciting time as they anticipate new life, but for those facing discrimination based on this very thing, it can be tumultuous. A San Bernardino workplace discrimination lawyer at Theory Law is here to help you in this critical time.

It may be challenging to know how to respond to pregnancy discrimination, and you may feel helpless as you are relying on your source of income, especially at this time. It is important that you understand that your pregnancy is legally protected in the workplace, and discrimination due to this can be addressed and reprimanded. You deserve a safe work environment where you are treated the same as everyone else; do not settle for less.

What Are Common Examples of Pregnancy Discrimination in the Workplace?

Pregnancy discrimination can manifest in various ways, impacting an employee’s job security, well-being, and career advancement. This is a serious issue. A San Bernardino employment lawyer can help you pursue justice if you experience this type of discrimination. Below are common examples of pregnancy discrimination to be aware of:

Denial of a job opportunity or promotion outright because of pregnancy.
Facing interview questions about your family planning or childcare arrangements.
Being assigned a heavier workload or physically demanding tasks that may be unsafe for a pregnant employee when others are not subject to the same tasks.
Facing inflexible hours that cannot be accommodated despite a doctor’s note restricting certain activities.
Being denied or receiving strong discouragement about taking maternity leave.
Losing health insurance coverage or other benefits while on maternity leave.
Being laid off because you are pregnant.
Being subjected to offensive comments, jokes, or harassment.
Experiencing general hostility in the workplace.

The above examples are just small examples of how pregnancy discrimination can show up in the workplace. This type of discrimination can be subtle or hidden, so it is important that you trust your gut and document any situation that makes you feel uncomfortable or demonstrates that you are being treated differently because of your pregnancy.

State and Federal Laws That Protect Against Pregnancy Discrimination

There are several federal and state laws that protect employees from pregnancy discrimination. Key federal laws offer these essential protections:

The Pregnancy Discrimination Act (PDA). This is an amendment to Title VII of the Civil Rights Act of 1964 that prohibits employers from discriminating against employees because of their pregnancy, childbirth, or any related medical conditions.
The Family Medical Leave Act (FMLA). This law does not explicitly address pregnancy discrimination, but it guarantees eligible employees unpaid leave for qualifying reasons such as pregnancy and childbirth.
Americans with Disabilities Act (ADA). In certain cases, pregnancy-related medical conditions are considered disabilities under the ADA. This law can ask employers to provide accommodations for these conditions.

Key state laws offer these essential protections:

California Fair Employment and Housing Act (FEHA). This law prohibits discrimination based on various factors like pregnancy, childbirth, and related medical conditions. It applies to employers with five or more employees. Under FEHA, it is illegal to discriminate, harass, or retaliate against an employee who is pregnant.
Pregnancy Disability Leave (PDL). This law mandates employers to provide reasonable pregnancy disability leave to all qualified employees. This leave is separate from other forms of leave like vacation and sickness.
California Family Rights Act (CFRA). This law allows eligible employees to take up to 12 weeks of unpaid leave in one 12-month period for various reasons like pregnancy, childbirth, or caring for a newborn child.

It is always smart to consult with an employment lawyer in San Bernardino familiar with local laws if you believe you have been discriminated against because of your pregnancy.

FAQs

Q: What Is the Average Settlement for Pregnancy Discrimination?

A: The average settlement for pregnancy discrimination varies with each case. Settlements awarded for pregnancy discrimination are based on several key factors that influence the overall amount, including the amount of evidence available, intent, economic loss, non-economic loss, attorney fees, company size and resources, if there was a history of discrimination, location, and more.

Speak with an employment lawyer who is experienced in pregnancy discrimination to receive an accurate estimate of your total losses.

Q: How Can You Win a Pregnancy Discrimination Legal Claim?

A: You can win a pregnancy discrimination legal claim by proving that your employer discriminated against you because of your pregnancy. To do this, you must have substantial evidence that demonstrates that discrimination. This evidence can be direct, such as email, recordings, or written statements from your employer that explicitly mention your pregnancy, or it can be circumstantial.

Circumstantial evidence shows that you were treated differently than other non-pregnant colleagues, and you’ve received negative action that happened close to the disclosure of your pregnancy.

Q: What Is Pregnancy Discrimination?

A: Pregnancy discrimination is a form of sex discrimination that happens when an employer treats an employee differently because of their pregnancy, childbirth, or a related medical condition. This can include unequal practices of hiring, promotions, assignments, benefits, pay, or termination of an employee.

If you believe you have experienced pregnancy discrimination of some form in the workplace, speak with a trusted employee lawyer as soon as possible to explore your legal rights and options.

Q: How Do I File a Pregnancy Discrimination Claim in California?

A: You can file a pregnancy discrimination claim in several ways. You can file a discrimination claim with your place of employment, the state Department of Fair Employment and Housing (DFEH), or the Equal Employment Opportunity Commission (EEOC). There are certain time restrictions for filing a crime, so it is essential that you take action as soon as you’ve identified the discrimination.

Contact a San Bernardino Pregnancy Discrimination Lawyer Today and Get the Support You Need

If you have noticed a negative change in your work environment after announcing your pregnancy, you may be experiencing pregnancy discrimination. This is a violation of your protected rights and you can take legal action to advocate for yourself at this key and pivotal time in your life. Speak with a pregnancy discrimination lawyer at Theory Law. Set up a consultation today and learn how we can support you at this time.

How Can Theory Law Help You?

If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.