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Darren McBratney, Esq.
Sarah Wilson, Esq.
Daniel Azizi, Esq.
Farid Yaghoubtil, Esq.
Salar Hendizadeh, Esq.
Igor Fradkin, Esq.
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.
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.
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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.
Under the Family and Medical Leave Act of 1993 (FMLA), an Act which was enforced by the United States Department of Labor, a new parent may get up to 12 weeks of leave which the employee may use to bond and take care of the newborn baby. (The offspring does not have to biologically related to the employee, the child can be fostered or adopted.) The leave for which the employee may qualify can be unpaid, or paid if the employee has accrued it. In order for an employee to be eligible for leave, an employee must have worked for her employer for 12 months and accrued 1,250 hours in those 12 months. The 12 months for which the employee worked do not have to be consecutive.
So what are the damages that are available to a woman if she was fired from her job for becoming pregnant? It is possible for the employee to ask for her job back - this is called "reinstatement," but is not very common as there is already so much tension between the parties involved. More commonly accepted forms of compensation include the following:
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.
It is against the law to harass a woman because she is pregnant, went through childbirth, or some other medical condition that was related or is related to her pregnancy. Harassment occurs when the work environment becomes so overwhelming that it creates an offensive or hostile setting, or it creates and influences a biased and adverse employment decision. The harasser is not just limited to someone's supervisor, or superior, it can be a coworker, supervisor in another area, or someone who is not under the employment of the company like a client or customer.
If you were fired or discriminated against because your are pregnant or plan on becoming pregnant, you may have a legitimate claim against your former employer for wrongful termination. The reason for your unjust firing could have been because you could not perform your job or because you requested pregnancy leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). These reasons are not just and may give you the right to file a lawsuit against your former employer. In order for your case of wrongful termination, your evidence must be direct or prove that it was more likely than not that your employer acted solely on the fact that you were pregnant. Here are some steps you can take and what to do if you were fired or discriminated against for being pregnant, or any other pregnancy-related issue. For more information regarding what a lawyer can do for you, contact our lawyers for a free consultation.
In order for your pregnancy discrimination case to win, you must prove that you were treated differently than your coworkers who were similarly disabled and that the difference in your treatment was due solely on your pregnancy. Whichever key facts you rely on, your burden remains the same as you are the one who is prosecuting your former employer: you must provide evidence showing that it is more likely not than not that your employer discriminated against you based on your pregnancy, or pregnancy-related issue.
There are two forms of evidence you can present: direct evidence, or circumstantial evidence.
It is unlawful for employers to discriminate against pregnant women in any way, shape, or form. If you have been discriminated against because of being pregnant, our lawyers can sue your employer for pregnancy discrimination. The Pregnancy Discrimination Act (PDA) is an amendment to the Title VII of the Civil Rights Act of 1964 which states that discrimination on the grounds of pregnancy, childbirth, or a medical condition which is related to pregnancy constitutes as illegal sex discrimination. This means that women who are pregnant, or have been affected by pregnancy, must be treated in the exact same manner as their coworkers or other applicants. Their equal treatment must be based on those other coworkers/applicants who are close to their ability, or inability, to work. Pregnancy discrimination is the act of treating a woman critically or unfavorably because she is pregnant, will become pregnant, recently underwent childbirth, or some other medical condition that is concomitant to her pregnancy. The California Labor Law Employment Attorneys Group has the resources and attorneys to help build your case.
The PDA forbids that employers discriminate against women who are pregnant when it comes to any aspect of the job. These aspects include, but are not limited to hiring, termination, salary, job tasks and assignments, promotions and bonuses, layoff, training, health benefits (such as leave and health insurance that are mandated by state and/or federal laws), and any other terms of the employment to which the employee agreed. This means that employers cannot refuse to hire women because of some prejudice the employer may have against pregnant workers or those prejudices that may exist in the workplace by other workers, customers, or other parties. As long as the pregnant woman can perform the necessary aspects of the job, an employer may not discriminate against women simply because they are pregnant.
The employer cannot use pregnancy as an excuse to not give a pregnant employee a promotion or raise in salary. For example, if a pregnant woman has proven that she is the most qualified for a higher position, the employer must consider her as if she were not pregnant. Many employers believe that a promotion towards a pregnant employee would not be in the companys best interest because that same employee may go on leave in only a few months. This reasoning is unlawful.
Additionally, an employee that returns from leave must be positioned in the very same status as she was before she took her leave and returned. For example, if an employee was being considered for a bonus before she had to go on leave due to her pregnancy, the employer, upon the employees return from leave, must consider the employee for the bonus in the same respect. Not doing so violates the law and could give the employee grounds to file a lawsuit against her employer.
Call (888) 330-3402 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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