BAY AREA PREGNANCY DISCRIMINATION LAWYERS
Expecting a child can be an exciting and joyful time in your personal life. In many cases, news of your expanding family is met with congratulations and encouragement from employers. Unfortunately, this is not always the case. Pregnant employees who face a hostile environment from co-workers or supervisors may have a legal claim for pregnancy discrimination.
At the law firm of Bracamontes & Vlasak, P.C., we understand that if you have been a victim of pregnancy discrimination, you have a lot of changes going on in your life and the thought of filing a lawsuit is not how you want to spend your time and energy. Our Bay Area pregnancy discrimination attorneys offer free consultations and take the time to talk with our clients to understand their situation and needs.
Frequent Forms Of Discrimination Against Pregnant Women
Similar to color, gender, and sexual preference, pregnancy is a protected class in California. This means that it is unlawful for an employer to treat an employee differently because she is pregnant. Even if you were not fired, you may still have a claim against your employer for discrimination. In some pregnancy discrimination situations, the adverse impact takes subtler forms, such as:
- Demotions
- Failure to promote
- Abusive comments
- Assigning demeaning tasks
- Forcing to quit
- Creation of a hostile work environment
- Decreases in pay
- Disparate treatment
Fair Employment And Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) protects employees and tenants from discrimination based on race, religion, sex, age (40 and over), disability, medical condition (including pregnancy, AIDS, HIV, and cancer), sexual orientation, marital status, and national origin. Under this law, an employer is prohibited from discriminating against an employee in all phases of employment, including the hiring, promotion, and termination phases.
Family Medical Leave
The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with 12 weeks of leave during each 12-month period for a covered reason. Under both the FMLA and CFRA, the birth of a child and to care for the child are covered reasons.
In order to be eligible for the protections under FMLA or CFRA, a pregnant woman must:
- Be employed by the employer for at least 12 months prior to the date that the leave commences
- Have worked for at least 1250 hours during the 12-month period prior to the date that the leave commences, and
- Have job duties at a work site where the employer employs at least 50 employees within a 75-mile radius.
Once eligibility is determined, the employer must maintain the employee’s health benefits during the time that the employee is on leave. In addition, an employer is required in almost all cases to reinstate the employee to the same or an equivalent position upon return from leave.
Let An Experienced Employees’ Rights Attorney Assist You
If you have been the victim of pregnancy discrimination or fair employment violation, you need to act within a certain time period to preserve your rights. These timelines must be followed and discussing your case as soon as possible with an attorney will help preserve your legal rights.
Contact our experienced Bay Area pregnancy discrimination lawyers at Bracamontes & Vlasak today for a free consultation. We can also be reached by telephone at 415-835-6777.
