It doesn’t matter what year it is or what the context is, discrimination gets in the way of the good work and merit of workers everywhere. Our boutique employment law firm in San Francisco serves the people of California as they deal with the aftermath of discrimination in the workplace. We want to help people better understand the different types of discrimination faced in the workplace and how you can fight back.
Pregnancy Discrimination
Pregnancy discrimination is a far-too-frequent issue in American workplaces. This type of targeted effort puts workers in an even tougher position during one of the most vulnerable times in their lives. Thankfully, recent legal changes have strengthened the rights of pregnant workers, providing them with more tools to fight back against unjust treatment.
The Pregnant Workers Fairness Act (PWFA) is an important piece of legislation that requires employers to provide reasonable accommodations to workers whose pregnancy, childbirth, or related medical conditions impact their ability to perform their job duties (unless the accommodations would cause undue hardship on the business).
If your employer refuses to provide these reasonable accommodations, it may not only be unfair but may also be illegal. Whether it’s a more flexible work schedule, adjustments to workload, or even temporary reassignment to lighter duties, your needs during pregnancy deserve respect and attention. Employers who fail to comply with the PWFA are putting themselves at risk of legal action, and you have every right to stand up for your rights.
Similarly, California’s Fair Employment Housing Act (FEHA) is a state law that seeks to uphold the rights of pregnant workers and arguably provides slightly more protection to pregnant employees against workplace discrimination since it applies to companies with five (5) or more employees. Furthermore, it prevents pregnant workers from being subjected to both harassment from employers or co-workers and discrimination on the basis of pregnancy.
Under the Fair Employment and Housing Act (FEHA), employers must offer reasonable accommodations for pregnancy-related disabilities. These accommodations may include things such as:
- Modifications to job duties to avoid heavy lifting or exposure to hazardous conditions
- More frequent breaks for hydration, medication, or restroom use
- Taking time off for pregnancy-related medical care and doctor’s appointments
Additionally, if a job poses risks to the pregnant employee, reasonable accommodations may extend to a period of leave.
Discrimination of a Protected Class
Beyond pregnancy discrimination, workers may face discrimination based on their membership in other protected classes, as well. California and federal law provide extensive protections for employees who experience discrimination due to membership in protected classes, including:
- Disability
- Race, color
- Ancestry, national origin
- Religion, creed
- Age (40 and over)
- Sex, gender
- Sexual orientation
- Gender identity, gender expression
- Medical condition
- Genetic information
- Marital status
- Military or veteran status
Discrimination against any of these protected classes is not just wrong—it’s unlawful. One of the keys to successfully fighting back against such treatment can often lie in documentation. Keeping a detailed record of discriminatory actions, such as derogatory comments, unfair treatment, or denied opportunities, can be critical to pursuing justice through employment law litigation.
Take Back the Power with Brandon Banks Law, APC
When workplace discrimination targets you and puts your future at risk, it’s easy to feel powerless. But you don’t have to face it alone. BrandonBanks Law, APC is here to help you take back the power and stand up for your rights. Our firm is dedicated to supporting workers in California in their fight against discrimination. If you believe you’ve been discriminated against in the workplace, contact our boutique law firm today to learn how we can assist you in your journey toward justice.
