Riverside Pregnancy Discrimination Lawyer

Trusted Riverside Pregnancy Discrimination Attorney

Working while pregnant can sometimes be quite challenging. but having to deal with a hostile or unaccommodating workplace on top of that can almost be unbearable. Pregnancy discrimination is against the law, and in California, your rights are protected. If you have experienced emotional distress, discrimination, or a difficult work environment due to your pregnancy, a Riverside pregnancy discrimination lawyer can help.

How We Can Help

Approximately 20% of women report experiencing pregnancy discrimination in the workplace. Kramer Brown Hui LLP is passionate about protecting and maintaining workers’ rights. We have years of experience and accolades testifying of our dedication to making sure your voice is heard.

With a firm focus on standing up for your rights as an employee, we have an in-depth understanding of pregnancy discrimination laws and can tailor our years of experience to your specific needs. While you might feel nervous about coming forward, we understand and are here to guide you through it with compassion and a fierce eye toward justice.

We understand how hard it can be to file a pregnancy discrimination case against your employer, and we will be there to support you.

Federal Law

Pregnancy discrimination laws are clear. A federal amendment to Title VII of the Civil Rights Act of 1964, called the Pregnant Workers Fairness Act, also known as the PWFA, has been enacted to help protect job applicants and employees who are affected by pregnancy. It requires employers with more than 15 employees to provide reasonable accommodations to those who have known limitations due to pregnancy, childbirth, or medical conditions due to pregnancy.

According to the PWFA, an employer may not:

• Require a pregnant employee to accept an accommodation without actively collaborating with them
• Refuse to hire or promote someone because of a pregnancy
• Mandate that a pregnant employee take time off, whether paid or unpaid, if reasonable accommodations would allow the employee to keep working
• Treat an employee negatively or take adverse action against an employees because of a request for reasonable accommodation
• Interfere with their rights

California State Law

While both federal and California state laws prohibit pregnancy discrimination, California takes the protection a step further. According to California’s Fair Employment and Housing Act, the employer must:

• Follow these laws if they have more than five employees
• Participate in a timely and interactive collaboration with their employee
• Avoid and prevent pregnancy harassment and retaliation

An additional protection involves Pregnancy Disability Leave, or PDL. If you are disabled by a pregnancy, you might be entitled to up to four months of job-protected leave, unpaid. This could cover bed rest, severe morning sickness, recovery from childbirth, and even postpartum depression in some cases.

California also offers the California Family Rights Act, or CFRA, which allows eligible employees to take up to 12 weeks of bonding time with their new child. To qualify, you would have had to be an employee for at least the past 12 months and have worked 1,250 hours.

Your Employer’s Obligations

To be in compliance with pregnancy discrimination laws, your employer is obligated to:

• Provide reasonable accommodation for your pregnancy or pregnancy-related medical issues, like providing seating or modifying your work schedule
• Transfer you to a position that is less strenuous or hazardous, if available or medically necessary
• Provide you with Pregnancy Disability Leave for up to four months, if needed
• Give extra break time, if needed, along with a private room for expressing breast milk

In some cases, to receive these accommodations, you’ll need to:

• Give reasonable notice to your employer, which means a 30-day notice, except in the case of an emergency during which the employer needs to be notified as soon as possible.
• Provide a written medical certification from your medical professional, which explains the type of reasonable accommodation you need. Your employer must give you 15 days to provide this notice.
• If you don’t provide reasonable advanced notice, your employer might not be required to follow through with the accommodation.

Examples of Pregnancy Discrimination in the Workplace

While everyone’s experience is different, it can be helpful to understand what pregnancy discrimination can look like. If you have experienced any of these or a combination, speaking with a Riverside pregnancy discrimination attorney is vital.

1. A potential employer refuses to hire you because you are pregnant or plan to become pregnant in the future. It could even be illegal for a potential employer to ask if you are pregnant.
2. A woman is fired because her employer finds out that she’s pregnant. While it is possible to be fired for other reasons, like poor job performance, it is illegal to be fired for being pregnant. This claim requires proof, which an experienced pregnancy discrimination lawyer can help you identify.
3. A pregnant woman is consistently harassed because she is pregnant. Rude or offensive jokes, intimidation, or persistent comments about her body, pregnancy, or childbirth could qualify as harassment.
4. A pregnant woman requests a change in her work schedule due to severe morning sickness, and the employer refuses. This might qualify as a refusal to provide reasonable accommodations.

These are just a few examples of what pregnancy discrimination in the workplace can look like. Speak with a seasoned pregnancy discrimination lawyer to find out if your experience qualifies and what your next steps could look like.

Hire a Pregnancy Discrimination Lawyer

Experiencing pregnancy discrimination in the workplace can have a long-lasting effect on your career. It’s crucial that you hold your employer accountable and protect your rights as an employee. A Riverside pregnancy discrimination attorney can help:

• Explain your rights. They will be able to educate you on the law and how it applies to your unique situation.
• Evaluate your case. Your attorney will review every facet of your case in light of your work history, medical records, performance reviews, communications with your employer, and witness testimony.
• Build a strong case. Using the information they gather above as evidence, they can prove a solid case of pregnancy discrimination on your behalf.
• Negotiate a strong settlement. In many cases, an experienced pregnancy discrimination lawyer can negotiate for you and help you settle out of court. They can help recover lost wages, receive reasonable accommodations, and even negotiate maternity leave or other benefits.
• Represent you in court, either at the Riverside Courthouse on Main Street or anywhere else in the county. If your case goes to court, they will use their knowledge of the legal process to fight for you.

Kramer Brown Hui LLP is dedicated to serving employees who have been discriminated against, and our legal team knows how to help, especially if you have been discriminated against due to pregnancy. Contact us today.

FAQs

What Is the Pregnancy Discrimination Act in California?

The Pregnancy Discrimination Act (PDA) is a federal law that prohibits employers from discriminating against employees because they are pregnant. The state of California also follows the law as stipulated in the California Fair Housing and Employment Act (FEHA).

With both laws combined, California companies with at least five employees cannot discriminate against you due to pregnancy. They may not fire, demote, refuse to promote, or keep you from training. They must also provide reasonable accommodations for you during the pregnancy.

What Is an Example of Pregnancy Discrimination in Riverside?

One example of pregnancy discrimination in Riverside would be if an employer refused to consider hiring someone because they are pregnant or plan to become pregnant. Another example would be harassing the pregnant person with derogatory jokes or making comments about pregnancy or childbirth.

The workplace must also make reasonable accommodations for a pregnant person. Refusing to provide a stool or chair or to change their work schedule if there is intense morning sickness is an example of discrimination against pregnancy.

Can I Sue My Employer for Emotional Distress While Pregnant in Riverside?

Employers have an obligation to make the workplace a safe environment for their employees. If you have experienced pregnancy discrimination, which has caused you emotional distress, then you might be able to file a claim against your employer.

There are many types of discrimination that could cause emotional distress, but some are frequent inappropriate comments about your pregnancy, a hostile work environment due to the pregnancy, and even retaliation for requesting accommodations. An experienced pregnancy discrimination lawyer can help.

What Are the EEOC Laws for Pregnancy?

The Pregnancy Workers Fairness Act (PWFA), through the EEOC, requires workers to provide reasonable accommodations for pregnant workers. It doesn’t replace more protective existing federal, state, or local laws. The PWFA applies to employers that have more than 15 employees.

Beyond providing reasonable accommodation, the PWFA doesn’t allow employers to pass over an employee because they are pregnant or to retaliate against them for seeking accommodations. This applies to pregnancy, those affected by pregnancy, and medical conditions related to pregnancy.

Contact Kramer Brown Hui LLP Today

Our firm is dedicated to providing Riverside with top-notch legal services. With years of experience, we are passionate about helping you obtain compensation for the discrimination you have endured. We are on your side and will work tirelessly on your behalf.

To schedule a consultation, contact us today.

Riverside Pregnancy Discrimination Lawyer Reviews

Riverside Pregnancy Discrimination Resources:

• What is Pregnancy Discrimination in the Workplace?
• California Pregnancy Discrimination Laws
• California Workplace Pregnancy Accommodation Policy
• How Is Postpartum Depression Handled at Work in California?
• Which Workers are Protected By Anti-discrimination Laws in California