A new pregnancy should be a time of celebration and joy, not an opportunity for your employer to hold you back in your career. If you are a victim of harassment, retaliation, or discrimination, get legal advice from the San Francisco pregnancy discrimination attorney at The Armstrong Law Firm. Throughout our decades of combined experience, we have recovered millions on behalf of victims.
There are no attorneys’ fees until you win your case if you decide to hire our firm. You can learn more about your rights and legal options by calling (415) 909-3945. You can also message us about your case here.
What Constitutes Pregnancy Discrimination?
There are several reasons why pregnancy discrimination may occur. Whether it was poor training or simply assigning personal feelings to a professional setting, you are not liable for the losses your employer caused you for becoming pregnant.
You may want to speak with our San Francisco pregnancy discrimination lawyer at The Armstrong Law Firm if you have experienced any of the following:
- Demotion before, during, or immediately following your leave
- Wrongful termination before, during or following your leave
- Removal of responsibilities
- Interference with FMLA or paid maternity leave
- Other discriminatory treatment
Although the law prohibits discriminating or retaliating against pregnant employees, many business owners continue to violate the law. Although prior performance reviews may have been flawless, many women come back from leave and are frequently set up for a poor performance review.
Pregnancy Discrimination And Retaliation In The Workplace
Learning that you are pregnant and will be bringing a child into the world is an exciting and joyous moment. However, after the excitement dissipates, the anxiety may build regarding your treatment at work and potentially being terminated.
There are state and federal laws which protect the fundamental right to have children and build a family. However, many California employers attempt to manipulate the system and frequently discriminate against pregnant women.
California Family Rights Act
At The Armstrong Law Firm, we fight for employee rights under the law. We hold employers and former employers accountable for pregnancy discrimination and violations of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
Under the FMLA, pregnant women are granted up to twelve weeks of unpaid leave in which their employer must hold their job open for them. The California Pregnancy Discrimination Act provides additional protection from pregnancy discrimination. Our lead discrimination attorney, Kelly Armstrong, has knowledge of these state and federal laws and asserts her clients’ rights under the law.
To learn more about your rights, check out our Ten Tips To Protect Your Pregnancy Rights or Steps To Take If You Were Fired While Pregnant.
“The Armstrong Law Firm resolved my pregnancy discrimination — wrongful termination case in less than one year. The compassion and professionalism of Kelly Armstrong and her associates was more than I could ask for in such a stressful time. Thank you for resolving my case quickly and effectively. You have empowered me to move on with my life. I will always be grateful.”
Reviewed By: Alicia Y.
For more information on your rights to take time off during and after pregnancy, visit our section on FMLA and Pregnancy Disability Leave.
Pregnancy Discrimination And Retaliation In The Workplace
Every pregnancy experience is different. Some women are able to carry on with their normal activities undisturbed until the day they deliver their babies. For other women, pregnancy can be more difficult and may impact the way they carry out their duties at work.
Activities like lifting heavy objects, or sitting or standing for long periods of time may become difficult for a pregnant woman. Illnesses such as morning sickness, gestational diabetes, and pregnancy-related hypertension may also affect the type of duties that a pregnant woman can perform at work. Under California’s Fair Employment and Housing Act, employers are required to provide reasonable accommodations to assist pregnant women in performing their duties.
It is against the law for an employer to refuse to provide reasonable accommodation for an employee for conditions related to pregnancy, childbirth, or related medical conditions if she makes a request with the advice of her health care provider. An employer who would usually transfer disabled employees to less strenuous or hazardous positions for the duration of their disability, must extend the same accommodation to a pregnant woman who requests it for the duration of her pregnancy. Your employer may require written notice from your doctor to justify the type of reasonable accommodation you are seeking. That is not against the law.
Reasonable accommodations can include:
- Allowing flexible work hours
- Providing equipment to facilitate the performance of her duties
- Allowing more breaks during the work period to rest, use the bathroom, take medication, etc.
- Assistance with physically demanding tasks
- Reassignment or transfer of duties
Employers must also allow pregnant employees to take a leave of absence without retaliation or adverse employment action. Under California’s Government Code 12945, it is unlawful for an employer to refuse to allow a female employee disabled by pregnancy, childbirth, or related medical conditions, to take a leave of up to four months and return to work after their leave. A female employee has a right to use any accrued vacation time for the period that they are disabled because of pregnancy, childbirth, or related medical conditions. It is not against the law for an employer to require reasonable notice of the date the leave is expected to commence, and the estimated duration of the leave.
Qualifying for Legal Protection Under State and Federal Laws
The above-referenced laws only apply to specific individuals and situations. You have the legal right to FMLA and CRFA protections under state and federal law if your employment meets the following criteria:
- Employer has over 50 employees within 75 miles of the location
- You have worked over 1,250 hours within the last 12 months of employment
- You have at least one year of working for your employer
The CRFA allows workers to take family and medical leave to care for their children, parents, spouses, or to recover from their own serious health conditions. During or after your pregnancy, you may need to take time off to attend to your or your baby’s health. If you have worked the required number of hours and have spent the minimum number of years working for your employer, you have a right under the CFRA to request for time off. Under the CFRA, a qualified employee can take up to 12 work weeks in any 12-month period for family care and medical leave.
While these rules seem cut and dry, you may have a case that falls under more complex issues. Regardless of the facts, if you think you have a pregnancy discrimination claim, The Armstrong Law Firm will help you determine the actionability of your case. Our legal team will put our resources, knowledge, experience, and skills behind your case to give you every fighting chance at retribution.
You Deserve a Discrimination-Free Work Environment
Your employer is prohibited from taking negative action against you for becoming pregnant. This rule is one that all California employers must recognize when they have five or greater employees working full-time during the past or current year. You should speak with a San Francisco pregnancy discrimination attorney at The Armstrong Law Firm if you think you are the victim of pregnancy-related abuse, harassment, discrimination, or negligence.
Compensation Is Available for Your Losses
When your employer is liable for acts related to pregnancy discrimination, the remedy is an insurance settlement or civil court award that pays for the losses you suffered. The facts of your case and civil employment laws determine how much your case is worth.
The San Francisco pregnancy discrimination lawyer at The Armstrong Law Firm has recovered millions on behalf of victims to pay for:
- Mental anguish
- Lost wages and benefits
- Future lost earnings
- Punitive damages
- Attorney’s fees
- Court costs
- And more
Proving that your employer owes you compensation is challenging since many pregnancy discrimination cases rely on circumstantial evidence. This type of evidence, when strategically preserved and utilized, can paint an accurate picture of a traumatic or illegal work experience. Work with The Armstrong Law Firm to hold them accountable for the damages they caused you.
Contact Us Today For A Consultation
It is discriminatory for an employer to fire, demote or otherwise poorly treat a woman simply because she is pregnant. The Armstrong Law Firm has won hundreds of discrimination cases in San Francisco, Santa Clara County, Marin County, San Jose, and throughout California. We fight to recover compensation to alleviate the financial burdens of losing your job and punitive damages to hold your former employer accountable.
To request a consultation with a pregnancy discrimination lawyer, contact us online. We have offices in San Francisco, Oakland, San Jose, Marin County and serve the entire bay area including Silicon Valley.