Elk Grove Pregnancy Discrimination Lawyer

Elk Grove Pregnancy Discrimination Attorney

While pregnancy can be an exciting time, experiencing workplace discrimination can cause stress and fear over your career and financial stability. An Elk Grove pregnancy discrimination lawyer can hold discriminatory employers accountable and recover compensation for your damages, allowing you to protect your career and family life.

Why Choose Us?

Asbill Law Group is proud to provide personal attention to each case. We are experienced in business litigation and employment law cases, where we advocate for honest and fair workplaces for everyone. Our dedicated lawyers can guide you throughout the process of filing a pregnancy discrimination claim with honesty, strategic advice, and clear communication.

Recognizing Pregnancy Discrimination in the Workplace

Pregnancy discrimination covers unfair or hostile treatment toward employees who are pregnant, have a pregnancy-related medical condition, or are recovering from childbirth. Unfortunately, one in five mothers has experienced pregnancy discrimination while at work.

Employers must support pregnant employees during their pregnancy by providing up to four months of pregnancy disability leave (PDL) and reasonable accommodations. In Elk Grove, pregnant employees should also seek support from local medical centers, such as the Kaiser Permanente South Sacramento Medical Center.

Pregnant employees should feel safe at their workplace and reassured that their pregnancy will not impact their position. However, this is not always the case. Common examples of pregnancy discrimination include:

• Denying a pregnant employee PDL or preventing them from taking up to four months of PDL if they are disabled
• Denying reasonable accommodations, such as time off for medical appointments or providing a stool or chair
• Preventing an employee from returning to their same position after PDL
• Making employment decisions based on an employee’s pregnancy, which could include decisions regarding hiring, pay, scheduling, promoting, or firing
• Retaliating against an employee for requesting or using accommodations or PDL
• Harassing an employee because of their pregnancy

Legal Protections for Pregnant Employees

Many pregnancy discrimination laws seek to protect pregnant employees from discrimination. A lawyer can identify which laws your employer violated and, consequently, which government agency your claim should be filed through. Some laws in place include the:

• Pregnancy Discrimination Act (PDA). The PDA is a federal pregnancy discrimination law. It prohibits pregnancy discrimination in companies with 15 or more employees.
• Fair Employment and Housing Act (FEHA). FEHA is a California law that applies to companies with five or more employees. This act prevents pregnancy discrimination in the workplace and requires employers to provide employees with up to four months of PDL.
• California Family Rights Act (CFRA). The CFRA allows individuals to take additional time off from work due to childbirth, such as to care for their children’s medical needs.
• Americans With Disabilities Act (ADA). The ADA is a federal law that applies to companies with 15 or more employees. This act prohibits disability discrimination, which includes pregnancy and pregnancy-related conditions. It also requires employers to provide reasonable accommodations for pregnant employees.

Why You Should Hire a Pregnancy Discrimination Lawyer

A pregnancy discrimination case is legally complex. An Elk Grove pregnancy discrimination attorney can make sure pregnancy discrimination claims are filed with the proper government agency, such as the Equal Employment Opportunity Commission or California’s Civil Rights Department. They can identify which laws your employer violated and use this information to build a unique legal strategy for your case.

A lawyer’s ability to gather evidence is essential during a claim. Evidence is used to prove:

• That your employer discriminated against you due to your pregnancy
• The damages you have faced
• How their discrimination led to the damages

Often, this involves collecting and analyzing evidence such as:

• Witness testimonies
• Records of communication between you and your employer
• Performance records
• Medical records
• Paystubs

FAQs

Can You Be Asked If You Are Pregnant or Plan to Be Pregnant During an Interview?

While it is legal to be asked if you are pregnant or plan to be pregnant, it is illegal to base hiring decisions on your answer. Despite being legal, it is generally recommended that employers avoid this topic during an interview to keep the response from influencing employment decisions. If you were denied a job because you are or may become pregnant, you should hire a pregnancy discrimination lawyer who can help you file a claim.

Is Pregnancy Disability Leave Paid?

While some employers offer paid PDL, it is not required. Without paid leave, you may be eligible for California’s Paid Family Leave (PFL) or State Disability Insurance (SDI). PFL and SDI can provide financial support during PDL or additional leave, such as for bonding with your new child. Generally, these options can make up for about 70-90% of your income for up to $1,765 a week.

What Accommodations Can a Pregnant Employee Receive?

Pregnant employees can receive reasonable accommodations to complete their job duties without causing undue hardship on the employer. About 60% of pregnant women are denied reasonable accommodations, despite an employer being required to discuss and provide them. Examples of accommodations can include:

• Taking more frequent breaks
• Using a chair or stool instead of standing
• Schedule changes to accommodate medical appointments
• Relocating to a different position if the current position is hazardous for a pregnant employee

What Can You Recover Compensation for in a Pregnancy Discrimination Claim?

Compensation in a pregnancy discrimination claim can cover a variety of damages. Economic damages involve financial losses, such as back or front pay for lost wages, lost benefits, and medical costs if the discrimination led to an injury or medical condition. Non-economic damages could include emotional distress, humiliation, or reputational harm. Punitive damages may be available to punish your employer if they were willfully or knowingly discriminatory.

Reach Out to an Elk Grove Pregnancy Discrimination Lawyer

No one should face pregnancy discrimination. When pregnant or recovering from childbirth, filing a claim against your employer can seem overwhelming. An Elk Grove pregnancy discrimination attorney can guide you through this process and manage the legal requirements of a claim, allowing you to focus on your health and family during this time. Contact Asbill Law Group to learn how we can help you recover your losses in a pregnancy discrimination case.