Experienced Pregnancy Discrimination Attorneys Serving San Mateo, CA
Pregnancy discrimination occurs when an individual faces unfair treatment in the workplace or during the hiring process due to pregnancy, childbirth, or related medical conditions. This practice is illegal under laws such as the Pregnancy Discrimination Act (PDA) in the United States, which amended Title VII of the Civil Rights Act of 1964. The PDA prohibits employers from discriminating based on pregnancy, childbirth, or related medical conditions in all aspects of employment, including hiring, firing, compensation, job assignments, promotions, layoffs, training, benefits, and other terms and conditions of employment. If you have experienced pregnancy discrimination, reach out to our San Mateo pregnancy discrimination lawyer today.
California-Specific Protections Against Pregnancy Discrimination
California has strong legal protections for pregnant employees, enforced through both federal and state laws. Specifically, the California Fair Employment and Housing Act (FEHA) offers even broader rights than federal standards:
- California Fair Employment and Housing Act (FEHA): Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. FEHA applies to employers with five or more employees and governs all aspects of employment, including hiring, promotions, benefits, and working conditions.
- Pregnancy Disability Leave (PDL): Under California law, employees may take up to four months of job-protected leave for pregnancy-related disabilities, such as severe morning sickness, postpartum depression, or recovery from childbirth. PDL can be taken continuously or intermittently as required by medical needs, with continued health insurance coverage on the same terms as before the leave.
- Reasonable Accommodations: Employers must provide reasonable accommodations for pregnant employees upon the advice of a healthcare provider. This may include modifying duties, adjusting schedules, offering more frequent breaks, or transferring the employee to a less strenuous role.
- California Family Rights Act (CFRA): Eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child (biological, adopted, or foster), separate from PDL leave. CFRA applies to employees who have worked for their employer for at least 12 months and meet the 1,250-hour work requirement.
- Lactation Accommodation: California law mandates that employers provide a reasonable amount of break time and a private space (other than a restroom) for employees to express breast milk.
What Does Pregnancy Discrimination Look Like?
Pregnancy discrimination can take many forms, and it’s important to consult with our San Mateo pregnancy discrimination lawyers in order to determine the intricacies of your case. Examples of this discrimination include:
- Denying a promotion or specific assignment based on pregnancy status.
- Refusing to hire an applicant due to current or potential pregnancy.
- Forcing an employee to take leave despite their ability to perform job duties.
- Retaliating against an employee for requesting accommodations or leave.
Pregnant employees who believe their rights have been violated can file a complaint with the California Civil Rights Department (CRD) (formerly known as the Department of Fair Employment and Housing) or pursue legal action through the courts.
Repercussions For Pregnancy Discrimination
Repercussions for pregnancy discrimination can be significant for employers found to have violated laws protecting pregnant employees. The penalties and consequences can vary depending on the specifics of the case, the laws violated, and the jurisdiction involved. Some repercussions include:
- Back Pay and Lost Wages: Employers may be required to compensate the employee for lost wages and benefits due to discriminatory actions, such as wrongful termination, missed promotions, or denied raises.
- Reinstatement: In cases of wrongful termination, employers may be ordered to reinstate the employee to their former position.
- Front Pay: If reinstatement is not possible or practical, an employer may be required to pay future wages for a specified period.
- Compensatory Damages: Employers may have to pay damages for emotional distress, mental anguish, pain and suffering, and other related consequences experienced by the victim.
- Punitive Damages: In cases involving particularly egregious or malicious conduct, punitive damages may be awarded to deter similar behavior in the future.
- Attorney’s Fees and Court Costs: Employers may be ordered to cover the legal expenses incurred by the employee in pursuing the discrimination claim.
Contact Our San Mateo Pregnancy Discrimination Lawyer
At Winer, Burritt, Scott & Jacobs, LLP, we are committed to protecting employee rights and holding employers accountable for pregnancy discrimination and violations of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Our skilled team of San Mateo pregnancy discrimination attorneys is ready to fight for your rights and pursue appropriate compensation. Contact us today to speak with an attorney.
