Orange County Pregnancy Discrimination Lawyer
Law Office Located in Huntington Beach, CA
Have If you’ve experienced discrimination in the workplace based on the fact that you were pregnant, you are protected by both California state laws and federal laws. We want to get started working on your case right away, so please reach out to our Orange County pregnancy discrimination lawyer as soon as you can to set up your first consultation.
We work diligently to defend the rights of people like you who have been discriminated against based on the fact that they are starting a family. You should not be punished for starting your family and the law prohibits this discrimination. We urge you to reach out as soon as you can so that we can begin your claim and start protecting your rights today.
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Know Your Rights
You should know your rights if you are pregnant or are planning to be pregnant and you have a job. You are legally entitled to accommodations from your employer within reason based on your condition of pregnancy.
An example of this would be that, if you work on a job that requires you to lift things, your employer needs to accommodate the fact that you are no longer allowed to lift things over a certain weight while you are pregnant. They can put someone else on the job to do the lifting and accommodate you in the company with a position that does not demote you but also does not require you to put your safety at risk. If they don’t do something like this and fail to accommodate you within reason, you should reach out to our Orange County pregnancy discrimination lawyer as soon as you can because you might be entitled to file a claim right away.
You should also know your rights for after you give birth. You have a right to take up to 12 weeks of leave after you give birth to your baby under the California Family Rights Act. You are also protected under the California pregnancy disability leave law that allows you to take up to four months of leave that is unpaid, if you have a medical condition related to your pregnancy or your pregnancy is leaving you disabled.
If you are going through discrimination from your employer, please don’t hesitate to reach out to us. We want to help you as soon as we possibly can. There is no time to waste here.
Defining Pregnancy Discrimination
Pregnancy discrimination includes the time in which you are pregnant as well as after giving birth to your child. It also protects you if you are experiencing a medical condition that is relating to your pregnancy. Our Orange County pregnancy discrimination lawyer has seen a lot of cases and handled them successfully. Here are some of the most common ways someone who is pregnant is discriminated against at work:
- They were fired upon the announcement of their pregnancy
- An employer did not want to hire them because they were pregnant despite them being the best candidate for the job
- A woman is asked in an interview on whether or not she’s going to get pregnant
- Being demoted upon the announcement of their pregnancy
- Being issued a job change without being given a reason that is valid
Please reach out to us as soon as you can if this is what you are experiencing. We want to help you.
Protected Medical Conditions During Pregnancy
While you are pregnant, you might experience some medical conditions related to your pregnancy or related to childbirth that might leave you out of work for some time. You are protected under state and federal law if you were discriminated against based on these conditions. These conditions related to pregnancy and childbirth include the following:
- Severe and chronic back pain
- Preeclampsia
- Doctor ordered bed rest
- Gestational diabetes
If you were to request leave for any of these issues or another medical condition related to your pregnancy and childbirth and you were denied the leave, we urge you to get in contact with our Orange County pregnancy discrimination lawyer to talk about what your legal options are and what actions you should be taking right away.
How You Are Protected by California State and Federal Laws
You have protections from being discriminated against based on your pregnancy both on the federal level and California state level. It is up to your Orange County pregnancy discrimination lawyer to stay informed about the laws regarding pregnancy discrimination. We urge you to seek out a lawyer who is knowledgeable in these cases and has had success with them recently.
Your lawyer should be able to tell you whether or not your situation is covered under state and federal laws, why your case might be qualified to file a claim, and what exactly the law says regarding what you have experienced.
While it is their job to stay informed about the laws regarding pregnancy discrimination, it’s important for you to understand how and why you were protected and from what level of government you are. Having a better knowledge of the laws that protect you can help you determine that you need to reach out to a lawyer right away. Here are the following laws both federal and California state laws that you should be aware of if you believe that you are a victim of pregnancy discrimination:
FEHA
The FEHA, or the California Fair Employment and Housing Act, protects people who are pregnant from discrimination if they work in a company that has five or more people working on the staff. The provisions that you should be aware of are those that state that people cannot be discriminated against based on their sex and sex can be defined to include pregnancy. We use this as the basis of our claim, as it is the main law regarding pregnancy discrimination in California.
Pregnancy Disability Leave Law
Under the PDLL, you are allowed to take up to four months of maternity leave that is unpaid if you have a disability from your pregnancy or your child birth or a related medical condition. Here are the scenarios in which this leave of up to four months would be protected under the PDLL:
- You have a disability related to your pregnancy
- You have a disability related to childbirth
- You have a pregnancy or childbirth related medical condition
California Family Rights Act
Under the CFRA, you can take up to 12 weeks of leave related to a medical condition or family care. This can also protect you if you are adopting or fostering a child who is new to your home and you would like to take this time to bond with your new addition to your family. You can take this 12-week leave of absence after you take up to four months of leave based on pregnancy disability, which can total seven months of your maternity leave. Not everyone is going to be covered under this act though, so it is important to check with an Orange County pregnancy discrimination lawyer to see if you are entitled.
Pregnancy Discrimination Act
Based on the amendment to title VII of the Civil Rights Act of 1964, we have the Pregnancy Discrimination Act. This act offers protection from discrimination for the following reasons:
- Pregnancy, childbirth or related medical conditions
Because of this law, your employer is not allowed to treat you differently if you are pregnant or have just given birth or you have a condition based on those two things. This act underlines the fact that you are entitled to equal treatment. It makes it illegal for your employer to single you out.
Your employer legally needs to keep your position held and waiting for you to come back like they would for anyone else taking a disability leave. They cannot prevent you from returning to your job when you are ready and they cannot force you to return to your job before you are ready. They must give you the leave that you are entitled to.
FMLA
This act allows you to take up to 12 weeks of unpaid leave if you are a new parent or are adopting or fostering a new child.
Your Recoverable Damages
When you suspect that you have been discriminated against based on your pregnancy or you know you have, you need to reach out to an Orange County pregnancy discrimination lawyer right away because you are entitled to recoverable damages. We want to help you get justice in this matter. Here is what you may be entitled to:
- Being placed in a job if you were not hired because of discrimination based on your pregnancy
- Getting a promotion if you were denied one based on your pregnancy
- Any back pay or benefits you lost out on
- Compensation
- Punitive damages
- Fees for your Orange County pregnancy discrimination lawyer
- Fees for any expert witnesses needed as well as relevant court costs
We are ready to take your call as soon as you reach out to us. We care deeply about the success of your case and want you to experience receiving justice in its fullest and fairest form. Call us today to get started.
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Call Our Orange County Pregnancy Discrimination Lawyer Today
Without a doubt you deserve justice for having gone through a violation of your rights. No one should have to experience what you’ve gone through simply because they’ve decided to start their own family. We urge you to reach out right away, as this is a time sensitive manner as I’m sure you know. Call us today to get started and getting on the path to justice.
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