San Diego Pregnancy Discrimination Lawyer

Pregnancy Discrimination Attorney in San Diego, CA

Have you been denied a pregnancy disability leave? Have you been denied rights provided under the Family and Medical Leave Act? Have you been passed over unfairly for promotion since your pregnancy? Have you been fired or demoted after taking leave for either pregnancy, childbirth or to care for or bond with your newborn child? If so, consider working with a San Diego pregnancy discrimination lawyer.

The Law Office of Frank S. Clowney III can help you understand what your workplace rights are regarding your pregnancy and maternity leave. I represent clients who have suffered pregnancy discrimination, sexual harassment, disability discrimination, and other kinds of discrimination in the workplace.

A San Diego Pregnancy Discrimination Attorney Who Will Advocate For Your Rights

The law is clear on the prohibition of discrimination and harassment in the workplace. If it is proven that you have been discriminated against due to things such as pregnancy, sex, sexual orientation, disability, age, or marital status, you may be entitled to:

• Economic damages, including lost wages and benefits
• Non-economic damages, which means putting a dollar figure on the emotional distress you have suffered as a result of the discrimination

I represent people who have been discriminated against due to their pregnancy or maternity leave on a contingency basis. This means that you pay no attorney fees unless I win a recovery for you.

Among your rights as a pregnant worker or a new parent are:

• The right by law to four months of Pregnancy Disability Leave if you are considered disabled
• The right to additional time off after childbirth
• The right for either parent to utilize the Family and Medical Leave Act for time off, if eligible

Who Qualifies for a Pregnancy Discrimination Claim?

Not every worker is protected under California’s anti-discrimination laws, but many are, including:

• Employees: Traditional employees are hired by a company and are typically given strict rules that govern how they perform their work. These workers are protected and can file pregnancy discrimination claims. However, independent contractors are not protected under California’s anti-discrimination laws. These workers usually do not receive certain benefits that employees do, like health insurance or paid time off.
• Job Candidates: It is illegal for an employer to ask an applicant if they are pregnant, if they plan on getting pregnant, or any other question that could reveal their pregnancy status. At the same time, an applicant does not legally have to disclose anything about their pregnancy status, even if they are already pregnant. If a job applicant wants to file a discrimination claim, they must meet the minimum job requirements in the job posting.
• Temporary Workers: Employees who work for both a temp agency and a business might have multiple options for a discrimination claim. They may file a claim against the agency, the business, or both, depending on the context of the situation.
• Interns: Interns are protected under anti-discrimination laws, regardless of whether they are paid or unpaid. If an intern’s pregnancy status impacts their ability to be permanently hired at the company they interned for, they might be able to file a pregnancy discrimination claim.

Do Pregnant People Qualify for Accommodations?

Pregnancy is not usually considered a disability unless a pregnant person experiences some condition that affects their ability to do their job. There is not an exhaustive list, but conditions include:

• Morning Sickness: While morning sickness is a common pregnancy symptom, some individuals experience extreme cases that affect their ability to perform basic job tasks. This condition might be worsened due to their work environment.
• Bed Rest: Most pregnant people are able to maintain their normal movements during pregnancy, but riskier pregnancies can result in mandated bed rest. This might require the employee to perform their work tasks from home during the remainder of the pregnancy.
• Gestational Diabetes: If a pregnant person develops gestational diabetes during their pregnancy, they might need to take insulin or frequently test their blood sugar during working hours.
• End/Loss of Pregnancy: If an individual loses their pregnancy, they might need additional time to both mentally and physically recover from their loss. If an individual delivers their child successfully, they also require a substantial amount of time to recover. These experiences might also lead to postpartum depression, which can affect how an individual can complete their job duties.

Debilitating conditions such as these might require an employer to make reasonable accommodations for pregnant employees so that they are able to do their jobs as well as possible. If these accommodations are not met, an employee might have grounds to file a pregnancy discrimination claim.

What Accommodations Do I Qualify For?

An employer must attempt to provide a pregnant employee who has become disabled during their pregnancy with reasonable accommodations. This means that the accommodations must not excessively interfere with a business’s daily operations or prevent the employee from completing tasks that are essential to their job.

Some people have job tasks that would endanger their pregnancy if done repeatedly. Pregnant people may ask for a temporary change in functions that results in less physical strain. If an employer already provides lighter physical duties for other disabled workers, then it must provide them for disabled pregnant workers as well.

Pregnant people must often breastfeed their child or pump breast milk to be fed at a later date. One example of an accommodation would be to provide employees with a space for pumping and feeding. If the employer is subject to the Fair Labor Standards Act, this space cannot be a bathroom and must be private.

A pregnant person is subject to countless visits to doctors, obstetricians, and other medical professionals. Sometimes, these visits must happen on extremely short notice for the health of the parent or child. An employer must attempt to accommodate sudden schedule changes due to these medical visits.

FAQs

Q: How Much Can You Win in a Pregnancy Discrimination Claim?

A: The specific amount you might be entitled to when filing a pregnancy discrimination claim largely depends on the unique context surrounding your claim. According to the University of Massachusetts Amherst, the average amount received is $17,976. Unfortunately, they also found that the majority of cases resulted in no benefits for the employee, which is why it is so important to work with an employment attorney for a greater chance of success.

Q: How Hard Is It to Prove Pregnancy Discrimination?

A: In order to prove that you experienced pregnancy discrimination in San Diego, CA, you must be able to show that you were somehow treated differently than other employees simply due to being pregnant. The evidence for these types of claims is rarely explicit, and in many cases, the person must convince the court that there was discrimination using circumstantial evidence. This is one way in which an employment attorney can help with your pregnancy discrimination claim.

Q: What Is an Example of Discrimination Against Pregnant Employees?

A: Pregnancy discrimination occurs if a pregnant employee is treated differently than other employees simply due to the fact that they are pregnant. Examples include firing or demoting a woman because she is pregnant. Refusing to hire someone because they are pregnant or might get pregnant in the future is also a form of pregnancy discrimination. Additionally, a pregnant person is entitled to some time off and certain accommodations for feeding or pumping.

Q: What Is the Statute of Limitations for Pregnancy Discrimination in California?

A: Most workplace discrimination claims have a statute of limitations of three years. This means that if a person was discriminated against due to their pregnancy, they must file a claim within three years after the discrimination occurred. If they have been given a right-to-sue letter from California’s Department of Fair Employment and Housing, they have one year from the time they received that letter to file a claim.

Contact A San Diego, CA Pregnancy Discrimination Lawyer

Sometimes, a simple phone call to an employment law attorney can clear up your questions and help you understand how to proceed. I can listen to your concerns, assess your situation, and then provide you with some general guidance on how to move forward. Should you retain my legal services, you will find me a vigorous, tenacious advocate who keeps in regular touch regarding the progress of your case. Contact me today.

Put me to work on your legal matter so you can focus on moving forward in your new life. Call me today at 619-557-0458.