San Bernardino Pregnancy Retaliation Lawyer
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San Bernardino Pregnancy Retaliation Attorney
Have you been wronged by your employer? Please call Theory Law at (310) 500-0206 to speak with a Wage and Hour Lawyer.
If you’re a pregnant employee facing retaliatory actions from your employer due to your status as a pregnant person, you may be entitled to compensation. Under California law, workers have protections to exercise their legal rights. They are also legally shielded against discrimination or harassment in the workplace. When employer retaliation impacts your work life, a San Bernardino pregnancy retaliation lawyer from Theory Law can assert your employee rights.
Being pregnant in the workplace comes with its own set of unique challenges in balancing your health and your time during and after pregnancy. That’s why California offers strong employee protections through:
- The California Fair Employment and Housing Act (FEHA)
- The California Civil Rights Department (CRD)
- The California Family Rights Act (CFRA)
- Several sections of the California Labor Code
A San Bernardino employment lawyer can navigate these laws and explain your rights.
How Is Pregnancy Retaliation Defined in California?
FEHA, which is enforced by the CRD, protects employees from retaliation for exercising their protected rights, including those related to pregnancy. However, some employers don’t respect these requests. They may even begin working against their pregnant employees to make their lives harder.
Illegal workplace retaliation refers to an employer treating an employee negatively as a direct reaction to the employee engaging in a protected activity. In some cases, retaliatory acts can be directly related to an employee being pregnant.
Under California law, pregnant employees are entitled to up to four months of disability leave per pregnancy. Additionally, the California Family Rights Act (CFRA) allows for up to 12 weeks of job-protected leave for employees to bond with their new child.
The motives behind workplace retaliation are unique to each employer, especially as it relates to pregnant workers. However, it typically can be traced back to some sort of frustration or animosity for having to accommodate an employee’s specific needs. Regardless of the reason, any form of retaliation is illegal.
What Are Examples of Retaliation?
Retaliation can look different, depending on the nature of your job and the discretion of your employer. Some common adverse actions employers take against employees who are having a child include unexplained:
- Demotions
- Transfers
- Denials of opportunities
- Negative performance reviews
- Increased workloads without pay
- Salary reductions
- Terminations
Legal Protections in San Bernardino
There is a long list of laws in the California Labor Code that exist solely to prohibit illegal employer retaliation and discrimination. These laws accomplish, among other protections:
- Giving the Labor Commissioner authority over certain retaliation cases
- Protecting employees who file both internal and external complaints
- Prohibiting employers from retaliating against an employee for any number of actions
That said, situations of retaliation still occur in workplaces throughout California. In 2024, 150 instances of pregnancy discrimination were reported in the state. Therefore, it’s pertinent to understand how to recognize potential acts of retaliation and how to fight against unlawful retaliatory acts.
With a labor force of approximately 1,026,500 people, it’s crucial for San Bernardino County workers to know their rights. A local San Bernardino employment lawyer can help, whether you have questions or an active case.
Common Damages Won in Pregnancy Retaliation Cases
When you file a pregnancy retaliation claim, you can recover compensation for several types of damages, depending on your case. Some of the most common damages include:
- Attorney fees
- Court costs
- Emotional distress and suffering
- Lost wages and benefits
The San Bernardino Superior Court may also award punitive damages if deemed necessary.
Sections 98.6 and 1019.1 of the California Labor Code also impose a penalty payment of $10,000 paid to the employee if the employer is found to be engaging in retaliatory conduct.
FAQs
Q: What Is the Average Settlement for a Pregnancy Retaliation Case in San Bernardino?
A: The average settlement amount for a pregnancy retaliation case in San Bernardino depends on the complexity of the case and the severity of the retaliation. Other factors that can determine how much you can recover include:
- The strength of the evidence you provide
- The employer’s conduct
- The assessment of any economic and non-economic damages
- Whether you settle out of court or through litigation
Q: How Long Do I Have to File a Pregnancy Retaliation Case in San Bernardino?
A: In California, you typically have one year from the date of an incident to file a retaliation claim against your employer. Some exceptions exist for child daycare facilities, wherein the claim must be filed within 90 days of an adverse action. For cases of retaliation against a minor, the start of the statute of limitations is stayed until they turn 18 years old.
Q: Can I File a Claim Against My Workplace for Emotional Distress While Pregnant in San Bernardino?
A: Yes, under California’s Fair Employment and Housing Act (FEHA), you can file a claim for emotional distress if you’re experiencing stressful situations due to pregnancy-related discrimination or harassment. It’s important to note that these cases can fall under a different category than retaliation cases, though you can still recover damages based on emotional distress from a pregnancy retaliation case.
Q: What Is California’s Updated Retaliation Law?
A: Senate Bill 497 amended some California Labor Code sections to simplify the process of filing a retaliation claim against an employee. Under these amendments, it’s easier for employees to satisfy the initial burden of proof if the employer takes adverse action against them within 90 days of engaging in a protected activity. The bill also imposes more penalties for employers who violate California’s retaliation laws.
Connect With a San Bernardino Pregnancy Retaliation Lawyer to Learn More Today
If you’re being retaliated against in the workplace, it’s important to act quickly and gather as much evidence as possible to make your case. A San Bernardino employment lawyer can guide you through the process and recover the damages you’re owed for your losses.
At Theory Law, we’re committed to providing personalized care that meets the individual needs of each client. We can be the San Bernardino pregnancy retaliation lawyer you need for your case. Set up an appointment to discuss your case in depth today.
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.
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