San Francisco Pregnancy Discrimination Lawyer

Best San Francisco Pregnancy Discrimination Attorney

Workplace discrimination is a difficult ordeal that can be even more difficult when dealing with the responsibilities and challenges of pregnancy. Pregnancy discrimination is an unfortunate reality that many workers confront. When this occurs, it is critical to have a San Francisco pregnancy discrimination lawyer by your side to ensure your rights are vindicated.

About Us

At Kramer Brown Hui LLP, we have been serving the people of San Francisco for years across a broad range of Title VII issues, including discrimination and wrongful termination litigation. We believe in an aggressive, results-driven approach and represent our clients with passionate advocacy.

Pregnancy Discrimination

Under Title VII of the Civil Rights Act of 1964, discrimination within the workplace includes unfair practices, refusal or limitation of opportunities, and forms of retaliation and harassment against someone based on certain protected characteristics, such as their ethnicity, color, religion, sex, or national origin.

Recent trends show that in the United States, over 80% of women continue their duties in the workplace for up to one month before their first birth. Unfortunately, the increased presence of pregnancies in the workforce has given rise to greater rates of workplace discrimination. In 2022, Title VII discrimination filings from California accounted for 6% of the national total.

Pregnancy discrimination laws are outlined in the Pregnancy Discrimination Act, which was amended Title VII in 1978 to include pregnancy as a protected category against discriminatory acts. Some examples of pregnancy discrimination include: 

• The refusal to hire an applicant as a result of their pregnancy
• Promotions, training, and further opportunities being denied due to an employee’s pregnancy
• Denial of a previous position following maternity leave
• Refusal to reasonably accommodate a pregnant employee as to their work environment and duties

These and other acts, such as harassment, abuse, or retaliation against employees for reporting discriminatory behavior, are prohibited and considered unlawful. It is critical that employees understand their state and federal protections and know when to seek the counsel of a San Francisco pregnancy discrimination attorney.

Federal and State Protections

Several pieces of federal and state legislation have been put in place to protect pregnant employees from discrimination. The Pregnancy Discrimination Act amends federal law to include any form of discrimination based on current or past pregnancies, medical conditions such as breastfeeding, and decisions regarding pregnancy, including the choice to use birth control or have an abortion, as illegal.

Under these protections, a woman unable to perform her work duties is to be treated as a temporarily disabled person and provided appropriate accommodations. State law expands on this issue under California Government Code 12926, 12940. This states that pregnant workers must be provided reasonable accommodations by their employers, such as:

• Accommodating medical needs
• Moving an employee to a less hazardous or strenuous position within their work
• Providing pregnancy disability leave (PDL), with a guarantee of up to four months, whereupon an employee may resume work
• Providing reasonable break times

The California Fair Employment and Housing Act (FEHA) reiterates non-discriminatory practices and articulates requirements for paid time off with the aim of preventing retaliatory action for reporting discrimination.  It also broadens the application of non-discrimination laws to any company with five or more employees.  It is important to know that discrimination allegations under the FEHA should be made within three years of their alleged occurrence.

To file charges of discrimination under the EEOC, a much shorter time frame of either 180 or 300 days applies.  An employee may begin that process by visiting the San Francisco Office of the U.S. Equal Employment Opportunity Commission at 450 Golden Gate Avenue, 5 West, P.O. Box 36025 in San Francisco, California, 94102.

Why Choose Us?

If you believe you are facing pregnancy discrimination in the workplace, it is critical to hire a pregnancy discrimination lawyer. At Kramer Brown Hui LLP, our attorneys are passionate about defending the rights of our clients. Our partners have consistently received SuperLawyers recognition for their work holding employers accountable.

Our talented attorneys understand what evidence can build a strong case, how to navigate the complex laws surrounding discrimination litigation, and what approach is most effective for you. We know that every case is unique, and we are prepared to stand with you throughout the entire process.

FAQs

What Federal and State Laws Protect Pregnant Workers in San Francisco?

There are several pieces of legislation enacted to protect pregnant workers. The 1978 Pregnancy Discrimination Act extends federal Title VII protections to pregnant employees, while California’s FEHA ensures their implementation and expands on the application of the law. More specific legislation, such as California Government Code 12926, 12940, addresses specific accommodations for pregnant women in the workplace.

Is It Hard to Win a Pregnancy Discrimination Claim in San Francisco?

Winning a pregnancy discrimination claim in San Francisco comes with its share of challenges. A discrimination case must have enough evidence to support the allegations being made. Things like workplace communications, video and audio evidence, and witness testimony can all help to support a case. However, without proper evidentiary support, a claim may have difficulty finding success in the courts.

What Is the Average Payout for Pregnancy Discrimination in San Francisco?

There is no average payout for a pregnancy discrimination case in San Francisco. Each case is governed by a series of circumstances, such as the seriousness of the allegations, the damages caused by them, and evidentiary support. Speak to an attorney about potential compensation for your own pregnancy discrimination case.

What Is Considered Pregnancy Discrimination in San Francisco?

As recognized by state and federal laws, pregnancy discrimination in San Francisco can take many forms. These can include refusing to hire a pregnant applicant, severely limiting professional opportunities such as training and promotions due to a worker’s pregnancy, or harassment that takes place at work due to an employee’s pregnancy.

Hire a Pregnancy Discrimination Lawyer

Whether you are facing workplace harassment, reduced opportunities at your workplace, or a refusal to accommodate medical needs, it is important to have qualified representation when facing pregnancy discrimination. Contact us today to learn how Kramer Brown Hui LLP can help you by protecting your rights and ensuring your equitable treatment before the law.