San Ramon Pregnancy Discrimination Lawyer
Pregnancy Discrimination Attorney in San Ramon
Pregnancy discrimination occurs when a worker is treated unlawfully based on pregnancy, pregnancy-related disability, or childbirth.
Pregnancy discrimination can occur in many ways, including being denied time off for maternity leave or being fired based on pregnancy. If you have experienced pregnancy discrimination in the workplace, help is available. The San Ramon pregnancy discrimination lawyers at Erlich Law Firm will use their knowledge and experience to hold your employer accountable for their actions. We can guide you through the process of recovering compensation through a pregnancy discrimination claim.
Pregnancy Disability Leave in California
The California Pregnancy Disability Leave Law (PDL) allows up to four months of disability leave from work. The leave can be taken during pregnancy or after childbirth. Pregnant workers can take leave any time they cannot complete their essential job duties. Any time taken off counts toward the four months.
Employees must request pregnancy disability leave a minimum of 30 days before their absence starts. If circumstances do not enable the worker to give advance notice, they may inform their employer as soon as practical.
Although employers are not required to pay employees during PDL, workers have the right to return to the same position with the same pay after the leave of absence. If the same job is no longer available, the company must provide a similar position with a comparable salary, promotional opportunities, and job duties unless the employer can prove that none is available.
Additionally, pregnant workers should continue to receive employer-sponsored health benefits if the employer provides health insurance. Employers may ask for medical documentation of the pregnancy, but discriminating against an employee based on their pregnancy is unlawful.
California and Federal Leave Laws
The California Family Rights Act (CFRA) and federal Family Medical Leave Act (FMLA) allow eligible workers to take up to 12 weeks of unpaid, job-protected leave a year for bonding with a newborn. While the FMLA applies to employers with 50 or more workers, the CFRA applies to employers with five or more employees.
Under the California New Parent Leave Act, certain San Ramon employees can take 12 weeks of unpaid, job-protected leave in addition to the four months of PDL. As a result, qualifying workers can take up to nearly seven months of maternity leave if circumstances permit. New mothers can take a leave of absence up to a year after childbirth and use the extra time off for infant bonding. San Ramon employees are eligible if they have the following:
- Been working for an employer with at least 20 workers
- Spent a minimum of 1,250 hours in their current job in the 12 months before taking leave
California and federal leave laws can sometimes overlap, creating confusion about employee rights. An experienced San Ramon pregnancy discrimination lawyer can help you understand what types of leave you are entitled to take based on your employment situation.
Health Insurance for Pregnant Employees
Employers who provide health insurance to employees on medical leave must continue offering equal benefits to workers on pregnancy leave. Health insurance should cover the cost of pregnancy just like other medical conditions.
What Reasonable Accommodations are Available for Pregnant Workers?
Pregnant women in San Ramon have the right to request reasonable accommodations if they can temporarily not carry out their job duties due to pregnancy. In such situations, the law requires employers to treat a pregnant worker like a temporarily disabled employee.
If a pregnant worker asks for reasonable accommodations to allow her to continue working, the employer must engage in an interactive process to discuss possible options. Standard, reasonable accommodations include modifying a work schedule, providing a more comfortable chair, allowing the worker to take frequent breaks, or altering work duties.
Working while pregnant is increasingly common, but about 1 in 4 workers have considered leaving their jobs during pregnancy due to fear of discrimination or lack of reasonable accommodations. If your employer denies you reasonable accommodations or refuses to discuss them, you may have a case for pregnancy discrimination. Speak to a San Ramon pregnancy discrimination lawyer to learn more.
Filing a Pregnancy Discrimination Claim
Although pregnancy discrimination is unlawful, it is unfortunate that it still occurs in workplaces in San Ramon and across California. Around 20 percent of mothers claim they have been subjected to pregnancy discrimination on the job. In 2021, the Equal Employment Opportunity Commission received 2,261 pregnancy discrimination complaints.
Treating a pregnant worker unlawfully across any aspect of employment is illegal. This includes job duties, pay, benefits, promotions, layoffs, and training. Some ways in which pregnancy discrimination can take place in San Ramon workplaces include:
- Firing a pregnant employee who requests pregnancy disability leave
- Denying reasonable accommodations
- Harassing a new mother
- Limiting maternity leave
- Not hiring a job applicant based on her pregnancy
- Reducing the pay of a pregnant employee
Employers may face legal action when they behave unlawfully toward pregnant workers or new mothers. In such circumstances, it is essential to reach out to a skilled San Ramon pregnancy discrimination lawyer. The attorney can advise you of your rights and determine whether you have grounds to pursue compensation from your employer through a pregnancy discrimination claim.
Call For A Free Case Evaluation
If your employer discriminated against you based on your pregnancy or related disability, you have the right to pursue damages. The experienced San Ramon pregnancy discrimination lawyers at Erlich Law Firm can guide you on your next steps. We will always act in your best interests and do everything we can to stop your employer’s unlawful practices. Contact us today to get started.
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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.