Encino Pregnancy Discrimination Lawyer

Encino Pregnancy Discrimination Attorney

Pregnancy in the Workplace: Your Legal Rights in California

Pregnancy is a time of great change and excitement, but it can also be a time of stress and uncertainty. If you are pregnant and working in California, it is important to know your rights and hire an Encino pregnancy discrimination lawyer.

Federal and state laws protect pregnant women in the workplace from discrimination and retaliation. This means that your employer cannot fire you, demote you, or deny you a promotion because you are pregnant. Your employer must also provide you with reasonable accommodations for your pregnancy, such as modified job duties or more frequent breaks.

One of the most important laws that protects pregnant women in the workplace is the Pregnancy Discrimination Act (PDA). The PDA prohibits employers from discriminating against women based on pregnancy, childbirth, or a pregnancy-related medical condition.

It is illegal for a California employer to:

• Deny a pregnant employee equal pay, fringe benefits, or opportunities for job assignments, promotions, and training.
• Refuse to grant a pregnant employee temporary disability leave if other employees are given the same right.
• Identify pregnancy-related conditions for medical clearance procedures that are not required of other employees.
• Require a woman to remain on leave until her baby is born.
• Prohibit an employee from returning to work for a set amount of time after having a baby.
• Refuse to hold a job for a pregnancy-related absence for the same length of time that jobs are held for employees on disability or sick leave.
• In addition to the PDA, pregnant women in California are also protected by the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against people with disabilities, including pregnant women with pregnancy-related medical conditions.

Employers are required to provide pregnant employees with reasonable accommodations for their disabilities. This may include alternative assignments, lighter duty, modified tasks, disability leave, and leave without pay.

Pregnant women in California are also protected by the federal Family and Medical Leave Act (FMLA). The FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for certain family and medical reasons, including pregnancy and childbirth.

To be eligible for FMLA leave, you must:

• Have worked for your employer for at least one year.
• Have worked at least 1,250 hours for your employer during the prior year.
• Be employed by a company with 50 or more employees within 75 miles of your workplace.

If you are eligible for FMLA leave, you may take leave for:

• Inability to work during pregnancy.
• Prenatal care, including doctors’ appointments.
• Health conditions arising from pregnancy or childbirth.
• Parental leave.

California also has its own family leave law, the California Family Rights Act (CFRA). The CFRA is similar to the FMLA, but it applies to employers with five or more employees, regardless of location.

Under the CFRA, eligible employees may take up to four months of unpaid leave per year for certain family and medical reasons, including pregnancy and childbirth.

Here are some tips for pregnant women in the workplace:

• Talk to your doctor about your pregnancy and any work-related restrictions you may have.
• Provide your employer with a written note from your doctor explaining your restrictions.
• Ask for reasonable accommodations, such as modified job duties or more frequent breaks.
• Keep a record of all communications with your employer about your pregnancy and any work-related accommodations.

Many women have successfully fought pregnancy discrimination in California, and our firm can help you do the same. With experienced attorneys on your side, you can demand justice.

What Compensation Can I Receive for California Pregnancy Discrimination Cases?

Experiencing workplace discrimination on the basis of your pregnancy status can be emotionally and financially threatening, and it may put the health of the mother and baby at risk. Victims of pregnancy discrimination in Encino can seek various types of compensation, tailored to their unique situations. These may include:

• Recovery of Lost Wages: Victims can claim back wages lost due to discrimination.
• Interest on Unpaid Wages: Additional compensation in the form of interest on unpaid wages.
• Reinstatement: Reinstatement to the previous job or position if desired and necessary.
• Court Costs and Legal Fees: Coverage of legal expenses incurred during the legal proceedings.
• Emotional Distress Damages: Compensation for the emotional distress caused by the discrimination.

Employees who go through such experiences are entitled to seek adequate compensation for damages under federal and California law. A dedicated employee discrimination lawyer from Gruzen Moussly Law can help you restore justice to your workplace by strategically pursuing compensation for your damages and suffering.

FAQs

Q: Can I Take Leave for Pregnancy in California?

A: Yes, under the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), you are entitled to up to four months of unpaid leave each year for reasons involving pregnancy and childbirth. Employees eligible to take leave under CFRA must work for a company that has five or more employees, regardless of the location of the employee with respect to their employer. If you are being denied these rights, it is important to contact a pregnancy discrimination lawyer.

Q: Can I Express Milk at Work in California?

A: You can express milk at work in California. Under the Fair Labor Standards Act (FLSA), employers must provide a reasonable number of break times for mothers to express or pump milk each time the need arises for up to one year. California extends this law to protect a mother’s right to express milk for her nursing child for as long as she continues to nurse. Employers of nursing mothers are also required to provide reasonable efforts to designate a safe and private space for pumping milk.

Q: How Hard Is It to Prove a California Pregnancy Discrimination Case?

A: Proving a pregnancy discrimination case in California may be difficult, but with the right legal strategies and supporting evidence, it can be done efficiently. In order to prove CA pregnancy discrimination, it’s critical to show evidence of treatment by the employer through documented conversations, statements, and actions. By establishing a pattern of employer action based on the pregnancy status of employees, a lawyer can build a foundation for a pregnancy discrimination case.

Q: How Can I File a California Pregnancy Discrimination Claim?

A: If you believe that you have been discriminated against in the CA workplace based on your pregnancy status, you have the right to file a California pregnancy discrimination claim.

Because such claims have a statute of limitations depending on when the discrimination event or sequences of events took place, it is important to act quickly and consult an attorney.

Q: What Is an Example of California Pregnancy Discrimination?

A: An example of California pregnancy discrimination involves firing a pregnant employee who is in their third trimester because the employer does not want to provide them with family leave benefits. California discrimination against pregnant employees can manifest itself in a variety of ways, with some being more clear and direct and others being more difficult to prove. Pregnancy discrimination can also include failing to provide adequate and reasonable accommodations for pregnant employees.

Gruzen Moussly Law Can Help You Fight Back Against Pregnancy Discrimination in Your Workplace

If you believe that you have been discriminated against or retaliated against, contact Gruzen Moussly Law and we can help.  You do not have to go through this alone. There are people who can help you protect your rights and ensure that you are treated fairly at work.