San Francisco Pregnancy Discrimination Lawyer

San Francisco Pregnancy Discrimination Attorney

It is an unfortunate reality that many women face pregnancy discrimination in the workplace. The financial and emotional harm that can follow losing out on a promotion or being wrongfully terminated due to your pregnancy can be devastating. Individuals may face significant stress, anxiety, and a loss of confidence that impacts both their personal and professional lives. Victims of discrimination at work can rely on the services of a San Francisco pregnancy discrimination lawyer.

If you are a victim of pregnancy discrimination, a San Francisco employment lawyer at Theory Law APC can review your case before taking steps to hold the at-fault party accountable. The remedy for discrimination in the workplace is often financial compensation. Our attorney can work to make sure you are fairly compensated for your losses, and we offer free consultations.

Why Choose Theory Law APC?

At Theory Law APC, we know how important workplace rights are to women. We understand the state and federal laws that protect women from serious forms of discrimination and can use that knowledge to protect the rights of pregnant women.

Women can face many challenges when seeking justice through the civil courts, and they should not have to face these challenges alone. With legal representation from our law firm, you will have a dedicated partner who will work tirelessly to see that you are fairly compensated for the emotional and financial harm you endured.

We ensure every client has direct access to their attorney and receives transparent, efficient legal services. Whether you’re dealing with workplace discrimination, retaliation, or wrongful termination due to pregnancy, we’re here to help you stand up for your rights.

Proving Pregnancy Discrimination in San Francisco

Proving a pregnancy discrimination claim can be difficult, but with the right legal representation and evidence, it is possible. Employees should gather relevant documents and maintain records of any supporting evidence. This can include emails, text messages, performance evaluations, witness statements, and written requests related to their pregnancy. Consulting an experienced discrimination lawyer from Theory Law APC can help navigate the legal process effectively.

To file a pregnancy discrimination claim, the employee must demonstrate several critical elements:

The employee is pregnant or affected by a related medical condition.
The employer took adverse employment action against the employee, such as termination, demotion, denial of promotion, harassment, or reduced pay or hours.
There is a connection between the employee’s pregnancy or related condition and the adverse action, which can be shown through the employer’s pattern of behavior, direct evidence, or circumstantial evidence.
The employee has lost wages or experienced emotional distress due to the employer’s actions.
The employer is subject to relevant laws.

State and Federal Laws That Afford Pregnancy Protections

In California, both state and federal laws play a crucial role in safeguarding the rights of pregnant employees.

Understanding these protections is essential for ensuring fair treatment in the workplace.

The Fair Employment and Housing Act: The Fair Employment and Housing Act (FEHA) provides strong protections for pregnant employees. Adverse actions, like terminating or demoting an employee because of pregnancy or related medical conditions, are illegal and could result in legal action. Furthermore, employers are required to offer reasonable accommodations for pregnant employees or those who are disabled due to pregnancy.
The California Family Rights Act: The California Family Rights Act (CFRA) allows certain employees up to 12 weeks of protected leave for bonding with a newborn, childbirth, or serious health issues. Employees must have been employed for a minimum of 12 months and worked at least 1,250 hours to qualify. Health benefits must continue during this leave, but employers are not required to pay employees.
California’s Pregnancy Disability Leave: California’s Pregnancy Disability Leave (PDL) offers employees up to four months of unpaid leave if they are unable to work due to pregnancy or related medical conditions. Employers are obligated to accommodate requests for leave, although they are not required to provide pay during this time. Part-time employees are also covered under PDL.
Pregnancy Discrimination Act: The Pregnancy Discrimination Act (PDA) provides federal protections that prohibit employers from discriminating against pregnant employees. Under the law, employers are prohibited from treating pregnant women less favorably than non-pregnant coworkers when it comes to hiring practices, terminations, and compensation.
The Family Medical Leave Act: The Family Medical Leave Act (FMLA) provides qualified employees with up to 12 weeks of unpaid leave for purposes similar to the CFRA but is applicable to employers with 50 or more employees. During this leave, employers are required to continue providing health benefits to the employee.

Understanding which laws may be applicable to your discrimination case can be complicated. Without legal representation, you could waste valuable time filing with the wrong state or federal agency. At Theory Law APC, our founding lawyer understands where to file the correct administrative forms so your claim is processed correctly.

What Are Reasonable Accommodations for Pregnant Women?

Employers are required under state and federal laws to provide reasonable accommodations to pregnant women upon request. Reasonable requests are usually accommodations that do not create a serious or undue hardship for the business.

These requests can include:

Additional breaks
Temporary reassignment to a less demanding role
Adjusted work schedules
Light duty tasks
Modifications to the workstation
Access to ergonomic equipment
Flexible remote work options

Once a pregnant worker notifies her employer of her accommodation request, the employer is expected to make a good-faith effort to accommodate the request. Requests should be made in writing. How the employer responds to the request could be a sign of the employer’s willingness to comply with state and federal pregnancy discrimination laws.

How Can I Be Compensated?

The most effective recourse for women facing pregnancy discrimination is to seek legal counsel as soon as possible. Having an attorney can greatly change the dynamic between you and your employer because they will know you are serious about protecting your rights under the law. The first step may involve your lawyer contacting the employer directly with demands that the discrimination cease and that you be compensated for any financial losses incurred.

If the employer does not make a fair settlement offer, the next step could include filing an administrative claim with the appropriate state or federal agency. That step initiates an investigation that can lead to a favorable settlement.

San Francisco Pregnancy Discrimination FAQs

Q: What Is the Average Settlement for Pregnancy Discrimination?

A: The average settlement for pregnancy discrimination varies widely and is dependent on the circumstances of the particular case. One factor that can influence the final settlement of a pregnancy discrimination case is the level of misconduct committed by the employer. The financial harm incurred by the plaintiff is another factor that can influence the size of the settlement.

Q: How Do I Win a Pregnancy Discrimination Claim?

A: You win a pregnancy discrimination claim by working with an experienced attorney in San Francisco, CA who has a strong track record of winning cases for their clients. In court, a win could be a favorable settlement or jury verdict in your favor. When defendants are held accountable for workplace misconduct, it sends a strong message that such misconduct will not be tolerated. Litigation can often lead to positive change in the affected workplace.

Q: How Hard Is It to Prove Pregnancy Discrimination?

A: Proving pregnancy discrimination can be challenging if you do not have legal representation. Proving discrimination requires clear evidence of unfair treatment linked to pregnancy. This may include documentation of discriminatory comments, unequal treatment compared to non-pregnant employees, or violation of workplace policies.

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

A: You can file for discrimination with the help of a trusted employment law attorney. To file a pregnancy discrimination claim in California, start by documenting the discriminatory actions and gathering evidence, such as emails or witness statements. Your lawyer can file a complaint with the California Civil Rights Department (CRD). Afterward, you may pursue legal action if necessary.

Q: What Types of Compensation Could Be Included in My Settlement?

A: You can be compensated for lost wages if it is proven that your employer’s acts led to lost earnings. If you were denied a promotion due to your pregnancy status, that could also be factored into your settlement. If you were wrongfully terminated, you could be offered your former position back or the position that you were denied due to pregnancy discrimination.

Schedule Your Pregnancy Discrimination Consultation Today

At Theory Law APC, we are committed to advocating for the workplace rights of women, including those facing pregnancy discrimination. Our years of experience allow us to effectively support pregnant women seeking justice.

Navigating the legal system can be daunting, but you don’t have to do it alone. With our dedicated representation, we strive to secure fair compensation for the emotional and financial challenges you have encountered. By providing personalized attention and transparent legal advice, you can trust that you have a strong ally on your side. To schedule your consultation, contact our office today. A member of our team can happily assist you.

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.