Darren McBratney, Esq.
Sarah Wilson, Esq.
Daniel Azizi, Esq.
Farid Yaghoubtil, Esq.
Salar Hendizadeh, Esq.
Igor Fradkin, Esq.
It is illegal for an employer to wrongfully discriminate against a person for being pregnant. Furthermore, it is illegal for an employer to wrongfully terminate an employee because of being In 1978, Title VII of the Civil Rights Act of 1964 was amended by the Pregnancy Discrimination Act (PDA). Discrimination that is solely based on pregnancy, childbirth, or other related condition is illegal and constitutes as sex discrimination under Title VII. Pregnancy discrimination incorporates treating a woman unfairly or with bias because she is pregnant, about to give birth, or has some other "disability" which is or was related to her pregnancy. In the eyes of the law, a disability is that which inhibits an employee from performing their employment duties at full capacity. Women who have been or are affected by pregnancy in some way or another must be treated in the exact same way as employees who have similar work-related disabilities.
The state of California gives pregnant women more protections under the law than the federal laws set in place. The California Fair Employment and House Act (FEHA), like the PDA, protects women from discrimination which includes discrimination against pregnancy, childbirth, and other related medical conditions that arise from that pregnancy. The FEHA is different from the PDA, the FEHA applies to all employers which have just five or more employees under their watch.
A woman who has become pregnant and is temporarily unable to perform her employment function to their fullest due to her pregnancy or childbirth must be treated in the exact same way as other employees who have also been temporarily disabled. The employers may not single out pregnant women and treat them any differently. For example, if a temporarily disabled worker was provided alternative assignments, given a lighter workload, disability leave, or unpaid leave, the employers must also do so for pregnant women.
Under the Family and Medical Leave Act (FMLA), pregnant employees may be entitled to a special pregnancy leave for any medical condition that arises from their pregnancy, childbirth, or other related issues that arises from their pregnancy. If the employer has at least 50 employees, that employer must comply with FMLA regulations and give their employees up to twelve (12) weeks of unpaid time off to care for their medical needs. In the case of pregnant women, these medical needs are anything which relates to their pregnancy.
Under the state of California, employees can qualify for a temporary disability insurance program which grants them funds for both disability and family leave. This can be very helpful to employees because under this policy an employee who is temporarily unable to work can get up to two-thirds of their salary through this program while they take their leave and tend to their disability. After childbirth, the employee can continue to receive a part of their salary under the state's paid family leave program.
Even though California is an at-will state and gives your employer the ability to fire you with or without reason, it does not mean that they can fire you for any reason. The employer cannot breach any contract (written or oral); they cannot violate public policy (federal, state, nor local); and the employer cannot retaliate against any employee who brought unsafe or illegal work practices to light.
Before you file a lawsuit your employer for wrongful termination, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). Depending on the circumstances that surround your particular wrongful termination, it is necessary that you file your lawsuit within a certain time limit, known as the statute of limitations. If the statute of limitations expires before you can file your suit, you will be barred from pursuing the lawsuit. If you would like to speak more about this with a wrongful termination lawyer at our firm, please contact us.
To file a wrongful termination claim, you must first file a charge with your local U.S. Equal Employment Opportunity Commission (EEOC) office. This charge must be filed within 180 days from the day of your termination. The charge should include your personal contact information and your employer's contact information. In addition, you must describe the reason for your termination and state your union membership, if applicable.
The EEOC will then begin investigating the employer. If the EEOC doesn't pursue legal action within 60 days, you are free to pursue your own legal action against your employer. In each phase of this process, it is important that you retain the services of an experienced Birmingham wrongful termination attorney to help ensure you are taking the proper steps and presenting the strongest case you can.
Employers need to focus on only two qualities when it comes to employee-related decisions: their qualifications for the job and their ability to perform the essential job functions (with or without reasonable accommodation). All else is arbitrary and should not influence the employer in any way. If an employer uses other characteristics of an employee's or applicant's status, it may be against the law. While many employers do not discriminate, there are still some employers who have specific biases to which they are blind, and it influences their business-related decisions. This is unlawful. An employer cannot single out and focus on things like race, color, sex, religion, country of origin, genetic information, disability (including pregnancy), sexual orientation, and gender identity/expression. If a worker who is protected under the federal and state laws believes they have been subjected to unfair treatment because of their protected characteristic, they have the right to file a lawsuit against their employer.
Age Discrimination Claim Cases Every day, our employment lawyers hear about age discrimination issues at the workplace. It is illegal for an employer to discriminate against someone based on age. Qualifications and the ability perform the essential job functions should serve as the only facts that an employer uses to decide whether or not to employ or keep that employee on staff. The reality is, however, many employers use other antiquated markers based on prejudices that they may hold. These can be things like race, ethnicity, sex, country of origin, religion, mental illness, and age. When employees use these markers to make employment-based decisions, it is considered discrimination, and discrimination is unlawful in the eyes of both federal and state laws. (Now, what the discrimination is based on may fluctuate from federal to state, and from state to state.) Fortunately, there are federal and state laws that have been put in place to protect employees from such discrimination. If you have any questions after reading this article, please contact our Los Angeles law firm for a free consultation. Our Los Angeles attorneys are able to help you anywhere in the State of California.
It is unlawful for your employer to treat you differently simply because of your age. Even in the early and mid 20th century, it was lawful for employers to make a decision based on their employee's age. That means that if you were old back in the day in America, an employer could fire you or force you to retire and it would not have been against the law. In 1967, Congress passed a law which prohibited employers from doing such an arbitrary act. The Age Discrimination in Employment Act (ADEA) forbids employers from discriminating against employees who are 40 years of age or older.
If you believe that you are a victim of sex discrimination, you may have the grounds to file a lawsuit against your employer. But in order to prove that you experienced sex discrimination at work, there are a few things that you need to collect known as evidence. The evidence you provide must sway the courts and show that it was more likely than not that your employer subjected you to discrimination. The California Labor Law Employment Attorneys Group are your lawyers in Los Angeles that can help you gather the necessary evidence to prove your case.
Even in 2017, some employees still suffer from employer- or employee-based race discrimination. Your employer might be discriminating against you if they are segregating employees of a certain race in particular jobs, making employment decisions based on nothing but the color of someone's skin and the stereotypes that go along with that race, treating an employee differently for mingling with people of another race, or making distinctions based on skin color. Racial discrimination is against the law and gives employees who have suffered from discrimination the right to file a case against their employer.
State Laws: Less than half of U.S. states require companies to provide a meal or rest break. In many of these states, workers who work over 6 hours at once must be allowed 30 minutes to eat or rest. To avoid fraud, many states also enforce that this time is taken in the middle of the shift and not at the beginning or end, to protect employees from losing their break.
Rest breaks under California labor law are required for non-exempt employees who work three and a half (3 1/2) or more hours in a day. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day.
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If you believe that you have been discriminated in Californi against for being pregnant, give us a call for a free consultation. California Labor Law Employment Attorneys Group is the law firm to help you get what you are entitled.
Call (888) 337-1115 to schedule your free consultation! Se habla Espanol.
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I am so grateful to have found the California Labor Law Employment Attorneys Group. The advice of Igor provided the best possible outcome with my termination agreement. Every point that he recommended was granted.
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