Pregnant women are protected by California state law from being discriminated against within the workplace. This includes the time before you are hired as well as while you are on the job. If you have experienced discrimination while pregnant or upon your return to work after giving birth, it is essential to understand your rights and hold your employer accountable for their wrongdoing. A Maywood pregnancy discrimination lawyer can represent you throughout this process.
Even if you aren’t sure if what you are experiencing qualifies as discrimination, it can be helpful to seek legal advice from an employment law attorney. They can assess the facts of your situation, explain the many forms discrimination may take, and inform you of how your rights as an employee are protected by state laws.
While pregnant women were not always protected in the workplace, there are now many pregnancy discrimination laws in place with the goal of making sure they are not treated differently solely because of their pregnancy.
Pregnancy Disability Leave (PDL) in California allows for up to 12 weeks of leave for an employee who is pregnant or has given birth. During this time, the employee is unable to perform their normal job duties because of the disability they are experiencing due to their pregnancy. Their job is protected and cannot be terminated because of the time they are spending away from work.
Your employer is also required by state law to accommodate any conditions that require special needs due to your pregnancy. This can be as simple as providing a chair at a workstation where you would normally stand or shifting your work schedule if necessary.
There are various reasons why a pregnant woman or new mother may need time away from work. During and after pregnancy, there may arise medical complications or other conditions that make a person’s work tasks too difficult to perform. After giving birth, they also need time to bond with their new child. Additionally, there may be emotional distress caused by pregnancy or childbirth, which makes it difficult to be at work until it is resolved.
Each of these conditions and more are protected by California state law. To obtain state-protected leave time, you may need to provide medical records or a doctor’s note to your employer so they can understand your needs and grant the leave. If your employer does not respect the qualifying factors you present for leave time, you could file a claim for pregnancy discrimination.
Unfortunately, pregnancy discrimination can be common within the workplace in Maywood, causing it to be overlooked. However, your workplace culture shouldn’t make it admissible. If you can prove that you have experienced discrimination because of pregnancy, you may be entitled to compensation.
Proving your discrimination requires gathering evidence that shows how you were treated differently by your employer because of your pregnancy. This evidence can be:
It is vital to share your case with a lawyer, who can give you legal advice as to what your next steps should be, as these cases can be time-sensitive.
Cases are handled on a contingency fee basis, meaning we only get paid after you do. Consultations/communications can be virtual if preferred.
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A pregnancy discrimination case can take anywhere from months to a year or more, depending on the nature of a person’s case. Factors that affect the length of a case include:
However, even if your case becomes lengthy, there are many benefits to pursuing it.
Discrimination against pregnancy in the workplace can take many forms. Sometimes, it is glaringly obvious. At other times, it can go seemingly unnoticed. Some of the common forms of discrimination include:
In California, multiple laws and acts protect employees from pregnancy discrimination and losing their jobs due to their pregnancy alone. One is the Pregnancy Disability Leave Act, which grants four months of job leave without the risk of losing your job. There is also the California Family Rights Act, which requires certain employers to allow 12 weeks of leave for employees with new children or a significant health issue.
While it can be difficult, in some cases, to prove pregnancy discrimination, having the right lawyer can be a great advantage. There are many steps you can take to increase your chances of winning your claim. Having the right evidence is key in these types of cases, and a seasoned discrimination lawyer knows how to gather it. While there is never a guarantee of winning, approaching such cases with a lawyer who has handled similar cases can greatly help.
Sometimes, it can be overwhelming to consider the ways in which you may be experiencing discrimination at work. In other cases, it may be so covert that you have only just begun to realize it is taking place. Wherever your situation, the Shirazi Law Firm, PC, can represent your interests. Our firm has handled countless pregnancy discrimination cases, and we are fully equipped to advocate for your rights on your behalf.
The Shirazi Law Firm, PC, understands the emotional complexity of these cases. It is important to hold your employee accountable for the discrimination you have or are experiencing. Our firm can fight for you and work to get you the compensation you deserve. Contact us today to learn more about your state-protected rights.