Walnut Creek Pregnancy Discrimination Lawyers

Pregnancy Discrimination Lawyer in Walnut Creek

Pregnancy discrimination can take many forms, such as an employee not being allowed to take adequate pregnancy leave or being fired due to pregnancy.

Pregnant women and new mothers are an essential part of the workplace. California law protects employees from discrimination based on pregnancy or childbirth. The Walnut Creek employment attorneys at Erlich Law Firm are dedicated to standing up for workers who have suffered pregnancy discrimination in the workplace. If you suspect your employer has violated your pregnancy-related employment rights, our experienced lawyers can help you pursue just compensation.

California Pregnancy Leave Laws

Walnut Creek employees are entitled to pregnancy leave under California law. Because several laws govern pregnancy leave, determining which ones apply to you is not always straightforward. An employment lawyer can help you understand your rights and what type of leave you are entitled to take.

• California Pregnancy Disability Leave Law (PDL): All pregnant women in the state are guaranteed up to four months of job-protected disability leave from work. It does not matter how long you have been employed or how many hours you work. The law applies to employers with at least five employees.

The leave can be taken before or after childbirth, either in one go or in increments. Also, any pregnancy-related time off counts toward the four months of PDL. Although employers do not have to pay workers during PDL, they must continue providing company-sponsored health benefits during pregnancy.

Workers must give their employer 30 days’ notice before going on pregnancy leave. If there is a medical emergency, the employee should provide notice as soon as possible.

• The California New Parent Leave Act and California Family Rights Act (CFRA) allow some employees to qualify for twelve weeks of leave in addition to the four months provided under PDL. The mother can take additional time off, which can be used for infant bonding up until a year after the child’s birth.

Walnut Creek, Pleasant Hill, Dublin, Pleasanton, and other nearby employees are eligible for this leave only if they have been employed in their current job for at least a year or have completed 1,250 hours prior to their departure. The law only applies to employers with at least twenty employees.

Time Off for Infant Bonding

Pregnancy leave is not just limited to the period before childbirth. Qualifying workers can also take an extra twelve weeks of unpaid, job-protected family medical leave for infant bonding under the CFRA and the federal Family and Medical Leave Act. As a result, some employees can take up to almost seven months of maternity leave.

Reasonable Accommodations During Pregnancy

Under California law, pregnant workers in Walnut Creek have the right to request reasonable accommodations in the workplace if they are temporarily unable to carry out specific tasks due to pregnancy and its related conditions. In such situations, employers must treat pregnant employees similarly to temporarily disabled workers.

Reasonable accommodations are modifications that allow a disabled worker to keep working. They look different for each employee based on her individual needs. Some standard, reasonable accommodations include a more comfortable chair, weight limit for lifting objects, flexibility with the work schedule, less strenuous tasks, transfer to a less demanding position, or modified job duties. New mothers may also ask their employer for accommodations for breastfeeding, such as a private area and extra breaks.

If an employer refuses to discuss reasonable accommodations with a pregnant worker who requests them, it may be considered pregnancy and disability discrimination. An employment lawyer can help you determine whether your employer’s actions meet the legal standards for discriminatory behavior.

What Happens When A Mother Returns to Work After Taking Leave?

A worker returning from pregnancy leave who resumes working within the legally mandated timeframe is guaranteed a return to her previous position. The job must have the same salary and benefits as before the leave of absence.

If the same job is no longer available upon the employee’s return to work, the employer is required to provide a similar position. The job must have comparable pay, promotional opportunities, and job duties unless the employer can prove that no such position is available within the company.

Firing a new mother because she took pregnancy leave is unlawful. The employer also may not reduce the employee’s salary or take other adverse actions against her for taking pregnancy leave. However, the law does not protect workers from being laid off for reasons unrelated to the pregnancy. An employment lawyer can help determine whether you were subjected to wrongful termination.

Where Workers Are Employed in Walnut Creek

Walnut Creek has around 63,220 jobs across a mix of small businesses and large corporations, attracting workers from all over the Bay Area. Many employers are based in the city’s major commerce areas of downtown and Shadelands Business Park.

Walnut Creek is home to three major hospitals and other medical centers, making healthcare a key sector in the city. Almost 25 percent of Walnut Creek jobs are in the healthcare sector. The largest employers in the field include John Muir Health, Kaiser Permanente Medical Center, Bass Medical Group, and UCSF Benioff Children’s Hospitals.

John Muir Health, among the most prominent healthcare networks in the Bay Area, is headquartered in Walnut Creek. Kaiser Permanente Medical Center has one of Contra Costa County’s largest emergency departments and employs thousands of workers.

With its highly walkable downtown, Walnut Creek serves as a retail hub for both locals and shoppers from across the Bay Area. Downtown Walnut Creek and Broadway Plaza are home to stores like Nordstrom, Macy’s, Crate & Barrel, Apple, and more. The city also has many popular restaurants, such as Broderick Roadhouse, True Food Kitchen, Telefèric Barcelona, and Parada.

Another major employment sector in Walnut Creek is professional services, including businesses like law firms, financial advisers, accountants, advertising agencies, and marketing companies. Robert Half, a global human resources firm that provides staffing solutions for businesses, has an office in the city. Other employers in the professional services field include Coldwell Banker, Merrill Lynch Wealth Management, Magnified Media, Marsh & McLennan Agency, and Moss Adams.

What are Some Ways in Which Pregnancy Discrimination Occurs?

There are a variety of ways in which employers may behave unlawfully toward a pregnant worker who plans to take maternity leave or request reasonable accommodations. Some examples of how pregnancy discrimination can happen in Walnut Creek workplaces include:

• Failing to provide reasonable accommodations
• Harassing a pregnant employee
• Refusing to hire a job applicant due to pregnancy
• Firing a pregnant worker in retaliation for taking leave
• Denying or limiting pregnancy leave
• Demoting a new mother

Pregnancy discrimination can impact employees’ career opportunities, day-to-day experiences at work and well-being. The examples below illustrate how discriminatory treatment can occur across different industries in Walnut Creek.

Healthcare

Nurses often work long hours and night shifts. An employee in the healthcare sector might request pregnancy-related reasonable accommodations, such as reduced hours or modified duties. If an employer denies a pregnant nurse’s requests for lighter duties or more frequent breaks during shifts without legitimate concerns of undue hardship, they may be committing pregnancy discrimination.

Discrimination might also occur during the hiring or promotion processes. A medical center might assume that a pregnant candidate will be unable to fulfill job requirements effectively or will soon take maternity leave, leading to biased decision-making. The employer may hire a non-pregnant job seeker instead, even though they may be less qualified or unsuitable for the position. 

Additionally, a pregnant physician might face pressure to take unpaid leave earlier than planned and be replaced with a non-pregnant medical professional. The employer may also exclude her from certain procedures or patient interactions, incorrectly assuming that her ability to fulfill her job duties is reduced due to her pregnancy.

Retail

Pregnant retail workers may face discrimination in scheduling, where a store manager may assign undesirable shifts or tasks to get them to quit. Employers may also discriminate against pregnant employees by refusing to provide necessary reasonable accommodations for their safety and wellbeing, such as allowing them to avoid heavy lifting tasks or providing seating behind a cash register.

A pregnant retail worker might be harassed by coworkers, such as through offensive comments or derogatory remarks. Additionally, a pregnant store manager might be pressured to maintain the same level of productivity or sales targets as before without consideration for the physical and emotional challenges of pregnancy. If a shop assistant is fired in retaliation for taking pregnancy leave, the retail employer’s actions may be considered wrongful termination and a form of pregnancy discrimination.

Professional Services

Pregnancy discrimination can manifest through various channels in Walnut Creek’s professional services sector, impacting employees across different roles and industries. For instance, in law firms, pregnant attorneys may encounter barriers to advancement. They may be passed over for partnership or leadership positions due to assumptions about their long-term commitment to the firm after childbirth.

Additionally, pregnant employees in accounting firms may face unequal treatment in workload distribution or client assignments, leading to disparities in opportunities for professional growth. Similarly, in consulting firms, pregnant consultants may experience pressure to maintain high billable hours and travel extensively despite physical limitations during pregnancy. The employer may refuse to consider providing reasonable accommodations, even when a worker requests a discussion about possibilities.

Pregnant professionals may face discrimination in terms of assignments, promotions or bonuses if employers perceive them as less committed or temporarily unavailable due to pregnancy. Discrimination can also occur in the form of harassment or negative comments about the employee’s pregnancy, potentially creating a hostile work environment.

Pregnant workers in advertising agencies may face bias in hiring or promotion decisions, as employers may perceive them as less available or dedicated due to impending maternity leave. They may be forced to take a less prominent position with a reduced salary upon returning to work from their leave of absence. However, new mothers are legally entitled to return to the same or a similar position.

What Workers Can Do to Fight Pregnancy Discrimination

With an ever-growing number of women working during and after pregnancy, it is more important than ever to understand the laws around pregnancy-related employment rights. If you suspect pregnancy discrimination in the workplace, you should reach out to an experienced Walnut Creek employment lawyer.

Erlich Law Firm can evaluate your situation and advise you on the available legal options. You may have grounds to file a pregnancy discrimination claim to pursue compensation for lost wages, emotional distress, and other related costs. If your employer has discriminated against you based on your pregnancy, you do not have to tolerate their unlawful behavior. When you hire us, you will get skilled, compassionate legal representation.

Evidence Needed for a Pregnancy Discrimination Claim

When filing a Walnut Creek pregnancy discrimination lawsuit, certain documents are required to support your case. The key is to present compelling evidence demonstrating that your pregnancy was a substantial motivating reason for your employer’s adverse employment actions against you.

Evidence for pregnancy discrimination claims generally falls into two broad categories: direct and circumstantial. Direct evidence establishes discriminatory intent or actions by the employer through verbal statements or written communications. Emails and messages are examples of direct evidence.

Although direct evidence tends to carry significant weight in court proceedings, it is uncommon for employers to display obvious signs of discrimination. As a result, other forms of evidence must also be considered to bring a strong pregnancy discrimination claim against an employer.

Circumstantial evidence indirectly implies discriminatory behavior. For example, consider an employee who consistently received positive performance reviews suddenly getting reprimanded immediately after disclosing pregnancy. The timing of the employer’s disciplinary action can serve as circumstantial evidence of bias against the pregnant worker.

Another example is when an employer deviates from standard workplace policies to treat a pregnant worker unfairly compared to other employees. To succeed in the case, it is crucial to demonstrate that the pregnancy was more likely than not the primary factor behind the employer’s mistreatment of the pregnant worker.

If you suspect you are being subjected to pregnancy discrimination, gather the following types of documentation:

• Employment records, including job descriptions and performance evaluations. Also, hold on to copies of company policies and procedures related to pregnancy accommodation, workplace misconduct, and employee rights.
• Payroll records such as pay stubs or W-2 forms that may be relevant to your employment status, salary, or any changes in compensation during or after your pregnancy.
• Documentation linked to potential incidents of discrimination or harassment experienced during pregnancy, such as emails, memos, or notes about conversations.
• Medical information related to your pregnancy, such as doctor’s notes, medical records, ultrasound reports, and any documents outlining medical restrictions or accommodations needed during pregnancy.
• Any written correspondence between you and your employer regarding your pregnancy, requests for reasonable accommodations, and requests for leave.
• Copies of any complaints or reports filed with your employer’s human resources department regarding discriminatory treatment.

The documentation needed to establish a pregnancy discrimination claim can vary depending on your situation. Consult with an experienced Walnut Creek pregnancy discrimination lawyer who can advise you on the type of evidence that may be relevant to your case.

Call for a Free Case Evaluation

If you were subjected to workplace discrimination or were wrongfully terminated based on your pregnancy, discuss your situation with an experienced Walnut Creek employment attorney at Erlich Law Firm. We can help you understand your workplace rights and hold your employer accountable for their unlawful conduct. Contact us today to get started.