San Bernardino Pregnancy Discrimination Lawyer

Pregnancy Discrimination Attorney in San Bernardino, CA

Pregnancy can be an exciting time in your life, but experiencing pregnancy discrimination can cause financial and emotional challenges. A San Bernardino pregnancy discrimination lawyer can help you file a claim against a discriminatory employer and secure compensation for your damages.

Hire a San Bernardino Pregnancy Discrimination Lawyer You Can Trust

At Clark Employment Law, APC, we have helped countless people address pregnancy discrimination at work. With our understanding of pregnancy discrimination laws, you can feel confident that your rights as an employee are protected. We know experiencing discrimination can be difficult to recover from, which is why we seek fair recovery for every client.

Understanding Pregnancy Discrimination in the Workplace

Despite laws prohibiting discrimination, many employers deny pregnant workers’ rights or create a hostile work environment. Annually, about 2.8 million employees are pregnant, 20% of whom experience pregnancy discrimination. Pregnancy discrimination covers pregnancy, childbirth, and related medical conditions.

Pregnancy discrimination happens when an employer doesn’t respect your legal rights. Some key rights you have during your pregnancy, childbirth, and recovery include:

• Pregnancy disability leave (PDL). You are entitled to up to four months of PDL or until you are no longer disabled. Your healthcare provider, such as from Kaiser Permanente or St. John’s Community Health, can help you understand how long a leave you need. PDL does not have to be paid, but it is job-protected, meaning you have the ability to return to your same or a similar position after leave.
• Reasonable accommodations. Your employer is required to participate in good-faith discussions about what accommodations are both reasonable and effective during your pregnancy. Some examples of accommodations include:
  • Providing a chair or stool
  • More frequent breaks
  • Schedule changes to accommodate medical appointments
  • Temporary task reassignments if a job duty is overly strenuous or hazardous
• A workplace free from harassment. Harassment includes unwanted and pervasive comments because of your pregnancy, which can create a hostile work environment. Examples of harassment include offensive jokes or unwanted touches.
• Exercising your rights without retaliation. Facing adverse action, such as firing, demoting, or negative treatment, because you exercised your rights as a pregnant employee is illegal. This could include receiving a negative performance review due to using an accommodation or being fired for taking PDL.

Pregnancy Discrimination Laws Protecting San Bernardino Employees

As a pregnant employee, several state and federal laws are protecting you from discrimination, protecting your right to pregnancy and childbirth-related leave, and protecting your right to reasonable accommodations due to pregnancy and childbirth. Some of the pregnancy discrimination laws include:

• The Fair Employment and Housing Act (FEHA) is a California law that prohibits pregnancy discrimination and harassment from employers. FEHA also protects employees from retaliation if they request or take leave or accommodations.
• The Pregnancy Disability Leave Law permits up to four months of leave due to childbirth, pregnancy, or other related medical conditions.
• The California Family Rights Act (CFRA) protects an employee’s ability to take up to 12 weeks of unpaid leave to care for their child(ren). CFRA also requires that employees can return to their same or a similar position after this leave.
• The Pregnant Workers Fairness Act (PWFA) requires reasonable pregnancy-related accommodations to be provided by employers. PWFA also prohibits an employer from using adverse employment actions if accommodations could be provided that allow them to continue working.

How Filing a Claim Can Help You Recover Damages

Pregnancy discrimination can cause emotional trauma, financial instability, and career damage. Facing these losses while experiencing pregnancy or recovering from childbirth can be emotionally challenging, with 43% of women who have experienced discrimination meeting the clinical threshold for depression.

By filing a claim, you can pursue a fair recovery for the losses you have faced. Some common types of damages compensation that can be covered in a pregnancy discrimination case are:

• Backpay and lost benefits
• Front pay
• Emotional distress
• Legal costs

In some pregnancy discrimination cases, punitive damages are awarded. These damages are included in compensation to punish employers for malicious or willful discrimination, rather than to compensate you for a specific loss.

FAQs

How Much Is a Pregnancy Discrimination Settlement in California?

How much a pregnancy discrimination settlement is depends on the details of the case. Compensation is based on the financial and emotional losses that you have suffered and may also include punitive damages if your employer was willfully discriminating against you. If you hire a pregnancy discrimination lawyer, they can calculate a fair settlement that covers your damages and can negotiate to reach that amount.

What Rights Do Breastfeeding Employees Have in California?

In California, breastfeeding employees have the right to several accommodations. This includes reasonable break time, a private space to pump, and a written lactation policy. The provided space must not be a bathroom, must be shielded from view or intrusion, and have basic amenities such as a chair, electricity, and a nearby refrigerator. An employee is also protected from retaliation or unfair treatment for requesting or using these accommodations.

Can an Employer Ask About Pregnancy During an Interview?

While it is not illegal to ask if someone is pregnant or planning to be pregnant, it is illegal to base a hiring decision on this information. To avoid discrimination, it is recommended that an employer avoid these questions. If you were denied a job you were qualified for due to the fact that you are or intend to become pregnant, you should speak with a pregnancy discrimination attorney in San Bernardino, California about filing a claim against the employer.

How Soon Should You Contact a Pregnancy Discrimination Lawyer?

You should contact a pregnancy discrimination lawyer as soon as possible after experiencing discrimination. These claims have strict deadlines that may be up to 300 days from the date of the discrimination for a federal charge. Working with a lawyer early can improve evidence collection and reduce the chance of company staff or policy changes complicating your claim. Ultimately, contacting a lawyer quickly can help you meet deadlines while maintaining accuracy.

Work With a San Bernardino Pregnancy Discrimination Attorney

Pregnancy can be an exciting and life-changing time in your life, but a pregnancy discrimination case can leave you overwhelmed and worried about the future. Contact Clark Employment Law, APC, to pursue justice against an employer’s pregnancy discrimination.