Coyle Browne Law

San Diego Pregnancy Discrimination Attorney

San Diego Pregnancy Discrimination Lawyer

Pregnancy is supposed to be a remarkable time as you plan on having a new family member enter your world. Many expectant parents still work during this time, which can raise questions about their legal rights. Browne Employment Lawyers, PLC explains pregnancy discrimination and how a California employment law attorney can help if you believe you have been discriminated against.

Why You Need a Lawyer For Your Pregnancy Discrimination Claim

Securing legal representation when filing a pregnancy discrimination claim greatly enhances your chance of obtaining justice. Here’s why legal support crucial in such situations:

Expertise in Employment Law

Attorneys specializing in employment law will provide the comprehensive understanding needed to guide you through the confusing and challenging terrain of pregnancy discrimination claims. Familiarity with relevant laws such as the Pregnancy Discrimination Act (PDA) ensures that every angle of your case is strategically addressed.

Assessing and Calculating Damages

With their legal expertise, a lawyer can estimate monetary value for the losses endured from discrimination. These damages could include lost wages, compensation for emotional distress, as well as any other costs directly linked to your situation.

Negotiating Settlements

An experienced San Diego pregnancy discrimination lawyer also brings to the table strong negotiation skills that may lead to a settlement with your employer. This is almost always faster than fighting it out in court and can lead to a more amicable solution.

Representing You in Court

If your case does progress to trial, you will need a professional representative to navigate the complexities of the courtroom. A lawyer stands strong by your side, advocating for you effectively and presenting your evidence in such a way that emphasizes its weight and validity. 

The presence of an attorney provides reassurance that your rights are being protected at all stages of the legal process.

Why Hire Browne Employment Lawyers For Your Pregnancy Discrimination Claim?

Engaging the services of Browne Employment Lawyers when facing a pregnancy discrimination claim can make all the difference. Here’s why you should consider hiring us to handle your case:

Our Expertise is Recognized Nationally

We have attained Top 50 and Top 100 settlements in both California and across the US, showing our capability in providing excellent representation even in complex cases.

Dedicated Attorneys

Our team of pregnancy discrimination attorneys in San Diego fundamentally understands the intricacies involved in pregnancy discrimination cases and take our commitment to all of our clients very seriously. Browne Employment Lawyers go beyond the courtroom; we vow to uphold solid communication, honesty, and aggressive advocacy for your rights. 

Comprehensive Support Every Step of The Way

We will keep you informed through each phase of your case. We’ll actively listen, offer advice, and ensure that you are well-prepared for the legal journey ahead. 

Teaming up with Browne Employment Lawyers means aligning yourself with proficient advocates who prioritize your needs, increasing your chance to attain a fair resolution in your pregnancy discrimination claim.

Pregnancy Discrimination Laws

Pregnant workers and expectant parents have a number of protections under state and federal laws. The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act to prohibit discrimination on the basis of pregnancy, childbirth, or pregnancy-related medical conditions.

The Family Medical Leave Act may apply to provide unpaid time off work for eligible employees who have a serious medical condition or want time to bond with their new or adopted baby. Our FMLA lawyers can help if you believe that you were retaliated against or wrongly denied FMLA leave.

California’s Fair Housing and Employment Act (FEHA) prohibits employment discrimination on the basis of pregnancy, childbirth, loss of pregnancy, and pregnancy-related physical and mental conditions. FEHA applies to employers with five or more employees, but anti-harassment is prohibited in all workplaces, including those with only one employee.

The California Family Rights Act (CFRA) provides up to 12 weeks of unpaid leave.

Pregnancy and Employment Rights

Under the above-mentioned laws, pregnant and nursing employees have the following rights:

  • To reasonable accommodations that allow the worker to perform their job, such as modifying work duties so the job is less strenuous, temporary transfer to a job during the pregnancy, or more breaks
  • To reasonable accommodations for lactation, including to take breaks, to express milk in private or more breaks
  • To time off work for a pregnancy-related or lactation-related disability
  • To not be fired, refused to be hired, harassed, or terminated because of pregnancy, childbirth, or related conditions

A pregnant person’s right to any specific accommodation depends on their disability and the workplace. Transgender employees have the same rights regarding pregnancy disability and accommodations as cis employees.

Pregnancy Disability Leave

Some expectant mothers may develop pregnancy-related conditions that prevent them from performing essential functions of their job or that would cause undue risk to the mother or pregnancy. Some common examples of pregnancy-related disabilities include:

  • Gestational diabetes
  • Bed rest
  • Preeclampsia
  • Postpartum depression
  • Mastitis
  • Loss or end of pregnancy

When an expectant mother has these conditions, they may be entitled to take pregnancy disability leave. Their doctor recommends the time of leave they need to take from work. State law allows up to four months of pregnancy disability leave per pregnancy. Pregnancy disability leave is in addition to other leave that the mother may be entitled to. The worker does not have to take all of their leave time at once, and their employer cannot force them to take leave.

Employee Responsibilities Regarding Pregnancy Disability Leave

Pregnant employees bear some of the responsibility related to pregnancy disability leave. For example, they need to inform their employer that they will need pregnancy-related disability leave, 30 days’ notice, if possible. If their employer requests a medical certification, the employee must provide this information in a timely manner. Additionally, employees should be in contact with their employers regarding their anticipated return date and position. Generally, employers must reinstate the employee to the same position they were in before they took leave.

Damages You Can Recover in a Pregnancy Discrimination Claim

In a pregnancy discrimination claim, you may be eligible to recoup several forms of damages if it ends up in your favor. Some of the most common types of compensation include the following: 

Back Pay: Compensation for lost wages and benefits from the time of discrimination until the time of a verdict or settlement.

Front Pay: Compensation for future lost wages and benefits if you are unable to return to your job or find a comparable position.

Emotional Distress: Compensation for the mental anguish and emotional distress caused by the discrimination.

Punitive Damages: In cases of particularly egregious conduct, punitive damages may be awarded to punish the employer and deter future misconduct.

Attorney’s Fees and Legal Costs: Reimbursement for the expenses associated with pursuing the legal claim, including attorney fees and court costs.

Reinstatement: If applicable, you could receive an order for the employer to reinstate you to your previous position or an equivalent one.

Lost Promotions or Opportunities: Compensation for career opportunities, promotions, or advancements lost due to the discrimination.

Navigating a pregnancy discrimination claim can be intimidating, but by securing qualified legal representation, you enhance your chances of obtaining all the damages you’re rightfully entitled to.

Contact an Experienced San Diego Employment Lawyer

If you have been discriminated against during your pregnancy, an experienced San Diego employment law attorney can review your situation and explain your legal rights and options. Contact us today to schedule a free consultation to get started on your claim.

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