Top Rated Pregnancy Discrimination attorneys in just one call
California Pregnancy Discrimination Lawyer
Find out why we are one of the best California pregnancy discrimination law firms
California Pregnancy Discrimination Attorney
Are you or someone you know facing discrimination at work because of pregnancy?
Goldberg & Loren is here to help. Our California pregnancy discrimination attorneys have years of experience fighting for the rights of pregnant individuals in the workplace. We are open now to answer your legal questions, and we are dedicated to advocating for your rights.
You deserve to be treated with respect and fairness, regardless of your pregnancy. Our team of skilled lawyers will work tirelessly to ensure that you receive the compensation and justice you deserve. Let us fight for you and help bring an end to pregnancy discrimination.
Contact Goldberg & Loren at (559) 603-8332 today to schedule a free consultation with one of our local pregnancy discrimination lawyers. Online appointments are available if preferred. Don’t let discrimination go unchallenged – take action now and protect your rights.
Definition of Pregnancy Discrimination
Pregnancy discrimination is a form of employment discrimination that occurs when an employer treats a pregnant employee or job applicant unfairly because of their pregnancy or related conditions.
- Hiring decisions: Refusing to hire a qualified candidate because she is pregnant or planning to become pregnant.
- Firing or laying off: Terminating an employee or forcing them to take unpaid leave due to their pregnancy.
- Job assignments: Removing a pregnant employee from certain job duties or denying them opportunities for advancement.
- Workplace accommodations: Failing to provide reasonable accommodations to pregnant employees who need them, such as temporary modifications to job duties or flexible work schedules.
- Harassment: Subjecting pregnant employees to derogatory or offensive comments, jokes, or gestures related to their pregnancy.
- Retaliation: Taking adverse action against an employee who reports pregnancy discrimination or exercises their rights under pregnancy discrimination laws.
Legal protection against pregnancy discrimination can be found in various federal and state laws, such as the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). These laws prohibit employers from treating pregnant employees unfavorably based on their pregnancy or related conditions.
California's Laws on Pregnancy Discrimination
Under California law, pregnancy discrimination is prohibited in all aspects of employment, including hiring, firing, job assignments, promotions, and workplace accommodations. Employers are required to make reasonable accommodations for pregnant employees to allow them to perform their job duties unless it would impose an undue hardship on the employer.
One key piece of legislation that protects pregnant employees in California is the California Fair Employment and Housing Act (FEHA). The FEHA not only prohibits pregnancy discrimination but also covers discrimination based on related conditions, such as pregnancy-related medical conditions or childbirth. This law applies to all employers with five or more employees, providing broad protection for pregnant workers. [1]
If you cannot perform your duties due to a pregnancy-related complication, you should be treated as any other employee with a temporary disability. You should be offered alternative responsibilities, light duty, short-term disability, or leave without pay. [2]
Table of Contents
-
California Pregnancy Discrimination Attorney
-
Definition of Pregnancy Discrimination
-
California's Laws on Pregnancy Discrimination
-
Legal Rights of Victims of Pregnancy Discrimination in California
-
Punitive Damages Available to Victims of Pregnancy Discrimination in California
-
Job Assignments & Health Insurance Coverage During a Pregnant Employee’s Leave Period
-
Who Can Benefit from Consulting a California Pregnancy Discrimination Lawyer?
Legal Rights of Victims of Pregnancy Discrimination in California
California law provides monetary remedies for victims of pregnancy discrimination. If an employee has suffered harm due to pregnancy discrimination, they may be entitled to receive compensatory damages, punitive damages, and attorney’s fees. These damages not only aim to compensate the victim for their losses but also to hold employers accountable for their discriminatory actions.
To enforce their rights under these laws, employees who believe they have been subjected to pregnancy discrimination can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the complaint and, if appropriate, take legal action against the employer.
Punitive Damages Available to Victims of Pregnancy Discrimination in California
Punitive damages are different from the compensatory damages that are awarded to compensate the victim for their actual losses, such as lost wages, emotional distress, and medical expenses. While compensatory damages are meant to make the victim whole again, punitive damages go beyond that and aim to punish the employer for their wrongdoing.
To be eligible for punitive damages in a pregnancy discrimination case, the victim must show that the employer’s conduct was particularly egregious, intentional, or malicious. The victim must also demonstrate that the employer acted with a reckless disregard for the employee’s rights or engaged in willful misconduct.
The amount of punitive damages that may be awarded in a pregnancy discrimination case can vary depending on the circumstances. There is no set limit on the amount of punitive damages that can be awarded, although there are legal considerations to prevent excessive or disproportionate awards. Courts will consider factors such as the severity of the discrimination, the employer’s financial resources, and the need for deterrence when determining the appropriate amount of punitive damages.
Job Assignments & Health Insurance Coverage During a Pregnant Employee’s Leave Period
Employers must engage in an interactive process with the employee to determine if any accommodations are necessary, such as modified job duties or a temporary transfer to lighter tasks. This process is important in determining suitable alternative assignments that align with the employee’s medical condition and limitations.
Employers must maintain health insurance coverage for pregnant employees during their leave period. Under California law, health insurance must continue to be provided at the same level as it was before the leave and on the same terms and conditions. This includes coverage for pregnancy-related medical conditions, prenatal care, and any other necessary healthcare services.
Who Can Benefit from Consulting a California Pregnancy Discrimination Lawyer?
Our California pregnancy discrimination lawyers navigate complex laws and regulations, and we will help you understand your rights and determine if we have a valid claim for discrimination.
Have you been the victim of pregnancy discrimination in the workplace? It's time to take action and fight for your rights.
Goldberg & Loren is here to help. With our expertise and dedication, we have successfully represented countless individuals who have faced unfair treatment during their pregnancy.
Don’t wait any longer. Contact Goldberg & Loren’s California employment lawyers for a free consultation today and start taking steps towards the justice you deserve. Let us fight for your rights and ensure that no one else has to go through what you have.
Sources:
[1] California, S. O. (n.d.). Employment | CRD. Employment | CRD. https://calcivilrights.ca.gov/Employment/?content=faq/pregnancy-disability-leave-faqs/pdl-cfra-fmla-guide/
[2] Fact Sheet: Pregnancy Discrimination. (1997, January 15). US EEOC. https://www.eeoc.gov/laws/guidance/fact-sheet-pregnancy-discrimination
If you're facing pregnancy discrimination issues as an employee in California, our experienced lawyers can offer expert guidance on the complexities of the law. Don't hesitate to reach out today for the answers you need.
Have Questions About Your Case? Call Us Today:
