Pregnancy discrimination is a type of misconduct is still a problem in the workplace: The California Department of Fair Employment and Housing (DFEH) 2017 Annual Report indicates that 288 claims were filed for pregnancy discrimination that year.
At Minnis & Smallets LLP, our team is committed to fighting for the rights of pregnant women who experience unlawful conduct by California employers. We can assist with the claims process, but we are prepared to take your case to court to protect your interests. Please contact our office to schedule a consultation with a San Francisco pregnancy discrimination attorney today.
Title VII for the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) prohibit employers from discriminating against expectant mothers because of pregnancy, birth, or related medical conditions. Your employer must allow the same benefits and policies under your circumstances as are applied to other workers with disabilities.
The exception is that your employer does not violate the law if it provides reasonable accommodation for your pregnant condition. Your employer cannot impose accommodation on you but is allowed to implement a change of duties, position, or other job-related tasks if it will enable you to work while pregnant.
If you do experience pregnancy discrimination in the workplace, your first step is to contact an attorney. You may have to file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the California DFEH. State laws are broader than federal law in one key area: You are eligible to file a claim with the DFEH if your employer has five or more employees. Under federal law, your employer must have at least 15 workers, so a state claim may be your only option.
If you file with either the EEOC or the DFEH, the agency may investigate your claim and/or require you and your employer to participate in mediation. If your complaint is not resolved to your satisfaction, you can take the matter to the next level: Filing a lawsuit against your employer in civil court.
You are not required to hire an attorney to represent you in a pregnancy discrimination case, but there are a number of reasons retaining legal counsel is to your advantage. Your lawyer will:
If successful in the claims process or in court, you may be entitled to receive monetary damages for your losses. You can also seek equitable relief, such as a court order directing your employer to hire or promote you, offer a raise, or reinstate you after wrongful termination for pregnancy discrimination.
Please contact Minnis & Smallets LLP to learn more about your rights as the subject of unlawful pregnancy discrimination. One of our employment lawyers can review your situation and determine the proper course of action.