Alameda County Pregnancy Discrimination Lawyer
California Employment Law Attorney Serving Clients with Pregnancy Discrimination Claims in Alameda County
Under both state and federal law, employers are prohibited from discriminating against employees on the basis of pregnancy. Pregnancy discrimination is typically prohibited as a form of sex discrimination. Employers are also prohibited from refusing to allow pregnant employees to take lawful pregnancy leave and pregnancy disability leave in Oakland, California.
If you have questions about your pregnancy discrimination claim, you should speak with an Alameda County pregnancy discrimination lawyer as soon as possible.
Federal Law and Pregnancy Discrimination Claims in Oakland
Women in the workplace are protected from pregnancy discrimination through the Pregnancy Discrimination Act (PDA) of 1978. The PDA amended Title VII of the Civil Rights Act of 1964. It was designed to prohibit sex discrimination on the basis of pregnancy. Prior to the passage of the PDA, Title VII prohibited sex discrimination in the workplace.
How does the statute define sex discrimination on the basis of pregnancy? According to the U.S. Equal Employment Opportunity Commission (EEOC), pregnancy discrimination may include but is not limited to the following situations:
- Refusing to hire a woman because she is pregnant or has a pregnancy-related condition under the assumption that she cannot perform job duties;
- Refusing to hire a woman because the employer is prejudiced against pregnant workers (or has clients, customers, or other employees who are prejudiced against pregnant women);
- Paying a pregnant woman differently;
- Giving a pregnant woman a different job assignment solely on the basis of pregnancy;
- Passing over a pregnant employee for a promotion;
- Passing over a pregnant employee for certain types of training or fringe benefits;
- Laying off or terminating a pregnant employee;
- Singling out a pregnant employee for certain medical clearance procedures as long as the employee is otherwise able to perform her job;
- Require a pregnant employee to remain on leave until the child’s birth when the employee can perform her job;
- Prohibit an employee from returning to work for a specific period of time after giving birth;
- Refusing to allow a temporarily disabled employee due to pregnancy to take a leave when other temporarily disabled employees (disabled for other reasons) have been able to take leave;
- Refusing to allow an employee who recently gave birth to take leave under the Family and Medical Leave Act (FMLA); and/or
- Refusing to cover pregnancy-related conditions or expenses through employer-provided health coverage.
California State Law Prohibits Pregnancy Discrimination in Alameda County
Similar to federal law, California law also prohibits discrimination against pregnant employees or employees with pregnancy-related conditions. While many of the prohibitions are similar to those listed above under federal law, there are generally two different state laws in California that protect employees from pregnancy discrimination:
How Employees in Alameda County May Contact an Aggressive Pregnancy Discrimination Attorney
Whether you are an employee and believe you have grounds for filing a pregnancy discrimination claim or are an employer facing such a case, an aggressive Alameda County pregnancy discrimination attorney can assist with your claim. Contact Minnis & Smallets LLP to get started on your case today.