Dublin Pregnancy Discrimination Lawyers
Pregnancy Discrimination Attorney in Dublin
Pregnancy discrimination can occur in various ways, such as a worker being denied pregnancy leave or getting fired because of their pregnancy.
California law protects pregnant women and new mothers from discrimination based on pregnancy or childbirth. The Dublin employment lawyers at Erlich Law Firm are dedicated to standing up for employees subjected to pregnancy discrimination. We help workers obtain just compensation from employers who have violated their pregnancy-related employment rights.
A Guide to California Pregnancy Leave Laws
Several different laws apply to Dublin female workers who wish to take pregnancy leave. An employment attorney can help you understand what type of leave you are entitled to take based on your situation.
- California Pregnancy Disability Leave Law (PDL): All pregnant workers in Dublin and across California can take up to four months of job-protected disability leave. Leave is guaranteed, regardless of the number of hours you work or duration of your employment.
Employees can take PDL before or after childbirth. The time off can be used in one go or as needed, adding up to a maximum of four months.
Workers are required to give a 30-day’s notice to their employer before starting their PDL, unless there is a medical emergency. In such circumstances, the employee must notify the employer as soon as possible.
Employers with at least five employees must provide PDL. Companies are not required to pay workers who take leave. However, they must continue to provide health benefits during the employee’s time away from work.
- California New Parent Leave Act and California Family Rights Act (CFRA): Some workers may be eligible for twelve weeks of leave in addition to the four months of PDL. As a result, they can take up to nearly seven months of unpaid, job-protected leave.
Employees can use the time off for infant bonding. Employees who become pregnant can take a leave up to one year after their child’s birth.
Workers can only take CFRA to leave if they meet specific requirements. They must have worked in their current job for a minimum of 1,250 hours in the twelve months before leaving. Additionally, they must work for an employer with at least 20 employees.
The federal Family and Medical Leave Act also allow time off for infant bonding and pregnancy leave. Employees may take up to 12 weeks off in a twelve month timeframe. FMLA leave may run simultaneously with PDL and CFRA leaves.
What Reasonable Accommodations are Available to Pregnant Workers?
Pregnant employees may need workplace modifications to carry out their job duties. Reasonable accommodations are adjustments that allow a worker disabled by pregnancy and related conditions to continue working safely. Reasonable accommodations vary depending on each employee’s individual needs.
Pregnant workers in Dublin have the right to ask for reasonable accommodations from their employer if they can no longer complete specific tasks due to pregnancy. New mothers can request breastfeeding accommodations, such as additional breaks or a private room. Some examples of workplace modifications for pregnant workers include:
- Providing flexible work hours;
- Limiting heavy lifting;
- Allowing telecommuting;
- Purchasing an adjustable chair with back support;
- Letting the employee sit down during a shift; and
- Temporarily transferring the worker to a less strenuous position.
Many pregnant workers struggle with limited workplace flexibility. More than 40 percent of full-time workers in low-wage jobs report that their employers do not allow them to decide when to take breaks, while around 50 percent claim they have little to no control over their work schedules.
Employers who deny reasonable accommodations or refuse to discuss them with a pregnant employee may engage in pregnancy discrimination. A Dublin pregnancy discrimination lawyer can help you determine whether your employer’s behavior qualifies as discrimination under the law.
Can Employers Fire Workers for Taking Pregnancy Leave?
Dublin employers are not allowed to fire employees who take pregnancy leave. Otherwise, it may be considered wrongful termination. They also cannot take any adverse actions against the worker, such as reducing their pay or denying a promotion in retaliation for taking leave.
Employees who return to work after pregnancy leave are guaranteed their same job with the same pay and benefits as before the time off. If the same position is no longer available, the employer must provide the worker with a similar job with comparable pay and duties.
California law does not protect employees from layoffs for reasons unrelated to pregnancy. Erlich Law Firm can help determine whether your employer subjected you to wrongful termination or pregnancy discrimination.
How Does Pregnancy Discrimination Occur?
There are many ways in which pregnancy discrimination may take place, some more subtle than others. For example, an employer’s discriminatory behavior may be related to a pregnant worker’s request for reasonable accommodations or plans to take pregnancy leave. Here are some common ways in which pregnancy discrimination can occur in Dublin workplaces:
- Refusing to discuss appropriate accommodations;
- Harassing a new mother;
- Demoting a pregnant worker;
- Denying pregnancy leave;
- Firing an employee based on their pregnancy; and
- Turning down a job applicant due to their pregnancy.
Working during pregnancy has become more and more common over the years. Women account for almost 50 percent of the workforce, and 85 percent will become mothers during their careers.
As a result, understanding your rights as a pregnant employee is vital. If you have been subjected to pregnancy discrimination in a Dublin workplace, you may have grounds to sue your employer for lost wages, emotional distress, and other damages.
Call for a Free Case Evaluation
If you experienced pregnancy discrimination at work, contact an experienced Dublin employment lawyer at Erlich Law Firm. Tell us what happened, and we can help you understand your rights as a pregnant worker or new mother returning to the workplace. We are dedicated to pursuing compensation from employers for their unlawful practices. We are proud to serve other East Bay communities such as Pleasanton, East Dublin, West Dublin, San Ramon, Livermore, Lafayette, Alamo, Oakland, and Berkeley. Contact us today to learn more.
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When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.