Pregnancy Discrimination Lawyer in San Francisco
Pregnancy should be a joyful and exciting moment as you prepare to welcome your new child into the world. Unfortunately, for many expecting parents, it can also be a time of unnecessary stress and anxiety when faced with unfair treatment or discrimination in the workplace. If you believe your employer has treated you unfairly because of your pregnancy, childbirth or a related medical condition, it is crucial to understand the federal and California state laws that protect you. The Law Offices of Alan F. Cohen is dedicated to representing pregnant employees, helping them seek legal recourse for the discrimination they’ve endured.
What Are My Rights As a Pregnant Employee?
Several federal laws establish a baseline of protection for pregnant workers across the country. These laws make it illegal for an employer to discriminate against you based on pregnancy:
- The Pregnancy Discrimination Act (PDA)
- The Family and Medical Leave Act (FMLA)
California offers even more extensive protections for pregnant employees, often covering smaller employers than federal laws do.
- The California Fair Employment and Housing Act (FEHA): This is one of the most protective laws in the country. Employers with five or more employees cannot discriminate against or harass employees due to pregnancy.
- The California Pregnancy Disability Leave Law (PDL): Under this law, if you are disabled by your pregnancy, childbirth or a related medical condition, you are entitled to up to four months of job-protected leave. Your employer must also continue your group health benefits during this time.
- The California Family Rights Act (CFRA): This act allows eligible workers to take up to 12 weeks of leave to bond with a new child. This leave is in addition to any leave taken for pregnancy-related disability under the PDL.
Examples of Pregnancy Discrimination
Pregnancy discrimination can take many forms, some more subtle than others. It is illegal for an employer to take adverse action against you because you are pregnant. Examples include:
- Hiring and Firing: Refusing to hire a qualified applicant because they are pregnant or terminating an employee upon learning of the pregnancy.
- Pay and Promotions: Denying a promotion, a raise or a bonus to an employee because they are pregnant or plan to take maternity leave.
- Job Duties and Working Conditions: Assigning a pregnant employee to less favorable tasks, demoting them or changing their work conditions without a legitimate, non-discriminatory reason.
Understanding Your Employer’s Responsibilities
Employers are required to provide reasonable accommodations for pregnant employees. This means making adjustments to your job or work environment to enable you to perform your duties safely. Accommodations might include modified work schedules, permission for more frequent breaks or a short-term transfer to a less strenuous position. Your employer needs to engage in a timely, good-faith interactive process with you to find an effective accommodation.
What to Do If You’ve Experienced Pregnancy Discrimination
If you believe you have experienced discrimination, take action to defend your rights.
- Document Everything: Maintain an in-depth record of all incidents, including dates, times, what was said or done and who was present. Save any relevant emails, text messages or performance reviews.
- File a Complaint: You can file a complaint with either the federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
- Seek Legal Counsel: An experienced employment attorney offers invaluable guidance. They can help you recognize your rights, evaluate your claim and represent you in negotiations or legal proceedings.
Our Experienced Discrimination Attorney Can Help
Pregnancy should be a joyous time, not one marred by workplace stress and discrimination. Understanding and asserting your legal rights is the first step toward securing the fair treatment you deserve. The laws are complex, but you do not have to navigate them alone.
If you suspect your rights have been violated, the Law Offices of Alan F. Cohen can help. With experience fighting for employees in the San Francisco Bay Area, our attorney has a proven track record of holding employers accountable. Contact us today for a case evaluation and let us help you protect your career and your growing family.
