Pregnancy Discrimination Lawyer Daniel Feder
Pregnancy Discrimination Generally
Women face discrimination in the workplace based on their sex on a scale that’s shocking. As a result, women typically earn significantly less than their male counterparts. Further, there is a “glass-ceiling” that prevents women from reaching the top levels of business management. Some refer to this as “the old boys network.” The forms that this discrimination might take are subtle. The impact of this discrimination against women can be gradual.
Working mothers or mothers to be are often dealing with a lot of stress from the pregnancy. They are frequently excited about the prospect of being a mother, or once again a mother, but they are worried about the reaction of management to their disclosure of their pregnancy might have on their relationship with their employers. They are also worried that they will lose their jobs if they miss work because of medical conditions related to their pregnancy, and missing work because of medical appointments.
The emotional and physical challenges associated with a pregnancy can be challenging. However, women who are subjected to negative treatment at work because of their pregnancy, or because they have medical needs due to their pregnancy, can be overwhelmed by a sense of anger, injustice and fear.
Pregnancy discrimination is a form of sex discrimination. Under California law, expectant mothers and mothers who had just given birth have certain rights under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) and Pregnancy Disability Act, and are also protected under the Fair Employment and Housing Act (FEHA) against pregnancy discrimination and harassment. These statutes give women strong protections against discrimination and harassment in the workplace.
Pregnancy is supposed to be a joyous and exciting period in a woman’s life. Awaiting the arrival of a new child should be nine months of excitement and anticipation. It should not be a time of stress due to hostility and harassment in the workplace. Unfortunately, many pregnant women are treated differently at work. In many cases, this treatment is illegal.
The attorneys at The Law Offices of Daniel Feder are here to protect your rights/ If your employer has violated the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), Pregnancy Disability Act or California Fair Employment and Housing Act (FEHA), you should hire an experienced employment attorney at The Law Offices of Daniel Feder to protect and enforce your rights.
We’re committed to protecting your workplace pregnancy rights under FMLA, CFRA, PDL, FEHA, California law and federal law. We will listen to the facts of your case and develop an appreciation and understanding of what you have gone through, or are going through, and how stressful it is to be discriminated against at work because of your pregnancy. We will go the extra mile to take actions to fight for your pregnancy law rights.
You should not be subjected to discrimination during one of the most important experiences of your life. Contact an experienced pregnancy discrimination attorney at The Law Offices of Daniel Feder to protect your rights.
Are you the Victim of Pregnancy Discrimination?
Typically, pregnancy discrimination is subtle. You might notice a peculiar reaction from your manager when you first disclose the pregnancy. Subsequent to the disclosure, you might sense your manager is aloof, more critical of your job performance, or more demanding with respect to your workload and assignments. Sometimes, the managers, or your co-workers, might actually make negative comments to you about your pregnancy, the impact of your upcoming leave from work, or the increased work burdens they are facing because of your approved medical absences from work due to your pregnancy.
Frequently, employers terminate employees while they are on pregnancy leave, replacing them with workers who don’t have medical needs, and who are available immediately to perform the job functions previously performed by the pregnant woman. In other instances, women who have just delivered their babies, and returned to work, are put on performance improvement plans, and then terminated based on “poor” job performance.
If any of this seems familiar, and if you believe that your job has been negatively impacted because of your pregnancy, please call the experienced pregnancy lawyers at The Law Offices of Daniel Feder at (415) 391-9476, or Contact us online.
What Can I Do About Pregnancy Discrimination At Work?
If you have faced discrimination in the workplace due to being pregnant, The Law Offices of Daniel Feder is here to help. Our Northern California law firm has a specific focus on employment law for employees. Mr. Feder has helped many victimized mothers obtain justice and compensation for the illegal treatment they received at work. This includes many cases of pregnancy discrimination. The Law Offices of Daniel Feder obtained one of the largest verdicts ever recorded in the state of California in a pregnancy discrimination case of more than $4 million dollars. Our lawyers have an in-depth understanding of employment laws, pregnancy discrimination laws, and the Family and Medical Leave Act (FMLA). Backed by more than 25 years of experience, Mr. Feder knows what evidence is necessary to support a winning claim, and how these laws can protect our clients.
California Pregnancy Disability Rights
Pregnant women frequently suffer from medical conditions related to their pregnancy. These can include morning sickness, preeclampsia, and bleeding. An employer cannot discriminate against women who are suffering from conditions relating to their pregnancy. Under California law, all employers must make reasonable accommodations for their pregnant employees. Employers are required to ensure that the pregnant worker is granted more rest breaks during the workday. They are required to make sure that a pregnant woman is permitted to see their OB-GYN during the workday as needed. If the mother decides to go on maternity leave, the employer must give her the same job back, or a comparable position, when she returns. In almost cases, it is illegal for an employer to eliminate the returning mother’s position, or to demote her to another position, or to harass her upon her return to work.
Under California Family Rights Act, medical leave is permitted for workers who need time off to take care of a serious health condition relating to their pregnancy, take care of a family member with a serious health condition, or to take care of a newborn, adopted or foster child. If your employer is not allowing you time off to take care of your newborn after pregnancy, or is not allowing you to miss work to treat your own medical condition, you have certain rights under the Family and Medical Leave Act, California Family Rights Act and the California Pregnancy Disability Act.
Under California law, you may be entitled to take unpaid leave following your pregnancy to take care of your newborn child, without being terminated from your job. Employers must also provide the same benefits to pregnant workers who need temporary disability leave, and it is illegal for an employer to interfere with your right to take a leave for pregnancy or to care for your newborn child.
Signs Of Pregnancy Discrimination In The Workplace
Some of the most common signs of pregnancy discrimination in the workplace include:
- Termination after learning that he employee is pregnant
- Failure to accommodate for medical appointments due to pregnancy
- Failure to accommodate for physician-ordered rest or breaks from work
- Refusal to comply with medical restrictions ordered by a physician
- Refusal to accommodate requests for family leave during or after pregnancy
- Reducing the mother’s hours, or job responsibilities, or reassigning her to an inferior position during pregnancy or after she returns to work
- Termination or demotion following maternity leave
All of these situations are types of pregnancy discrimination or pregnancy harassment in the workplace. If you have been subjected to any of this treatment, you will need to seek legal representation in order to win your case by contacting an experienced pregnancy discrimination lawyer at The Law Offices of Daniel Feder.
Attorney Daniel Feder has more than 25 years of experience handling pregnancy discrimination and harassment cases, and will aggressively fight for your rights. We will evaluate your case and protect your rights during the lawsuit against your employer. Contact us today for a free consultation.
The Sooner You Contact Our Law Firm The Better
Timing can be important in employment law cases. You only have a certain period of time to file a discrimination case against your employer. After that time period expires, you will forfeit all of your rights. As time passes, witnesses forget key facts, and documents are lost or are destroyed. Consequently, just as soon as you are victimized in the workplace, contact our San Francisco pregnancy discrimination attorneys to discuss your legal options. We will evaluate your case, and help you file and win a lawsuit against your employer.
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