Fighting for Workplace Justice
Fighting for Workplace Justice
San Francisco Pregnancy Discrimination Lawyer
If you have experienced workplace discrimination due to pregnancy, Brandon Banks Law will fight for you. San Francisco employees have many protections against discriminatory acts by employers and we will ensure that you fully understand your rights under California law.
At Brandon Banks Law, APC, we understand how frustrating it can be to face discrimination in the workplace due to a pregnancy. During such an exciting time in your life, you should not have to worry about being treated unfairly at work. An employer should never get away with violating your rights due to a pregnancy.
If you have faced discrimination in the workplace due to a pregnancy, contact us today to schedule an initial consultation. You can also fill out our intake form, which collects information so that we can learn how to best serve you.
Do I Need an Attorney for a Pregnancy Discrimination Claim?
Pregnant women around San Francisco are often refused jobs or treated unfairly at their jobs on the basis of pregnancy. After you have exhausted all channels on the job to protect yourself from discriminatory practices, you may wonder what options you have.
In California, there are certain laws in place that protect employees from pregnancy discrimination in the workplace. With so many laws and statutes to protect you, you may be feeling overwhelmed and wondering how they apply to your particular situation. Even though you are not legally required to have a lawyer on your side as you file a pregnancy discrimination claim, it can be helpful to choose an attorney to expedite the process.
Our attorneys at Brandon Banks Law will work on your behalf to gather evidence in your claim, speak with witnesses, and help you meet deadlines in your claim. There is a statute of limitations to meet in California labor claims, which is why it is imperative that you act quickly to retain legal help.
What is Pregnancy Discrimination in the Workplace?
Pregnancy discrimination takes place in the workplace when an individual is treated unfairly due to their pregnancy. This type of discrimination can take place whether the individual is an applicant or a prior employee. This type of discrimination can occur in many aspects of employment, from the hiring and firing process to the pay a person receives and the assignments they are given. In some case, an employer may even attempt to withhold benefits from an employee just because they are pregnant.
Discrimination based on a pregnancy is prohibited in all aspects of employment in San Francisco and the rest of California. This unique type of sex discrimination is illegal in all cases and there are many options for individuals who are facing it.
Wrongful Termination Due to Pregnancy Discrimination
If you believe that you have suffered from pregnancy discrimination in the workplace and you were wrongfully terminated as a result, Brandon Banks Law is on your side. Regardless of the circumstances, a wrongful termination can leave you on unstable ground. You are considered as being in a protected class due to your pregnancy, which means that employers are not permitted to use discriminatory tactics as a way to terminate you from your job.
You have protections that have been enacted by the California Civil Rights Department.
This means that there are many legal options available for you if you were terminated from your job in San Francisco due to a pregnancy.
We will help you navigate the legal system and hold an employer accountable for their egregious actions.
What Are Some Signs of Pregnancy Discrimination in the Workplace?
Discrimination based on pregnancy can take on many different forms. These include some of the following:
- Being treated less favorably due to other employees or job applicants due to pregnancy
- Being denied sick leave due to your pregnancy
- Receiving new job assignments that equate to less pay than previously
- Being deprived of on-the-job training or education due to your pregnancy
- Being denied health insurance and other benefits due to your pregnancy
- Being a part of a layoff due to your pregnancy alone
In many cases, an employer may attempt to engage in pregnancy discrimination by giving you an excuse. They may claim that they are trying to cut costs by eliminating employees or give you a negative performance review even though they have no reason for doing so. Even when an employer attempts to hide the discrimination, it could still be happening. This is why it is important to take your case to an attorney as soon as possible to have it reviewed.
Can I Be Punished for Reporting an Incident of San Francisco Pregnancy Discrimination?
When you have experienced discrimination in the workplace due to a pregnancy, you may choose to speak with a supervisor or your workplace’s human resources department in San Francisco. However, it is important to note that you may not receive the resolution that you are hoping for when you choose to settle these matters within the workplace. Even though your employer cannot punish you for reporting instances of pregnancy discrimination, you may be feeling unsure and alone.
With the help of Brandon Banks Law, you may choose to file a lawsuit against your employer if you do not receive successful results after reporting discrimination. Before your lawsuit, you must file a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC). Our attorneys will help you file your complaint and move forward with a lawsuit if necessary. Because this can be a time-consuming endeavor, we will help expedite the process as you work toward results in your claim.
California State Laws Regarding Pregnancy Discrimination
Certain laws in California protect pregnant employees and prospective employees from discrimination in the workplace. These include:
California Fair Housing and Employment Act (FEHA): FEHA is a statute in California that upholds the fair treatment of pregnant workers as long as an employer has more than five employees. This law not only protects you from discrimination by your employer, but also states that co-workers are not permitted to harass you due to a pregnancy. The statute also requires an employer to provide you with reasonable accommodations if you are considered disabled due to your pregnancy.
Pregnancy Discrimination Act of 1978 (PDA): This federal act makes it illegal for employees with 15 or more employees to discriminate against women on the basis of pregnancy, childbirth, and any other medical conditions that are related to pregnancy or childbirth. This means that they should be provided with accommodations and benefits that a non-pregnant worker would receive under the same circumstances.
California Family Rights Act (CFRA): Under CRFA protections, you as an employee may be eligible for up to 12 weeks of leave following the birth of your child. It also gives you job protection during this leave.
Federal and Medical Leave Act (FMLA): Under this act, you can receive up to 12 weeks of unpaid leave if you have a qualifying medical condition. This can include pregnancy-related disabilities that would cause you to miss time at work.
San Francisco also enacted its own law known as the Paid Leave Ordinance (PPLO), which applies to employers who have more than 20 employees. Under this law, an employer must provide supplemental income to employees who are bonding with a child after childbirth. You could be entitled to up to six weeks of extra pay for this.
How Much is a Pregnancy Discrimination Case Worth in San Francisco?
It is impossible to determine exactly how much your settlement amount will be in your pregnancy discrimination case. However, working with a lawyer at Brandon Banks Law can help you determine what damages you could be entitled to. These include some of the following:
- Lost Wages and Benefits: If you missed out on income or potential benefits when you were fired or laid off from a job due to pregnancy, you could be entitled to these benefits and income in the form of damages. Some of the benefits you could receive include healthcare, unused vacation time, promotions, and more.
- Job Reinstatement: If you were wrongfully terminated due to your pregnancy, you may not want to get your job back. If you choose not to seek new employment, you could be granted job reinstatement so that you can return to your former place of employment with the same pay and benefits you would have received.
- Loss of Future Earnings: If you were terminated on the job, you could receive damages that cover the earnings you would have received if you would have been permitted to stay at your job.
- Cost of Litigation: If you had to cover your attorney’s fees and the cost of litigation, you may be able to receive damages for them from your at-fault employer.
- Pain and Suffering: Many pregnant individuals who have suffered from pregnancy discrimination will feel emotional distress or depression. You may be able to receive damages for pain and suffering as a result.
- Punitive Damages: Punitive damages act as a way to punish an employer for their behavior and stop other employers from engaging in the same acts. These damages are more common in cases involving some type of discrimination.
To receive these damages after San Francisco pregnancy discrimination, you will need to comply with California’s statute of limitations. You typically have two years to file your claim before you are unable to do so. However, in cases of whistleblowing or filing a claim with the California Department of Fair Employment and Housing, you may have slightly more time. Speaking with an attorney can ensure that you meet all deadlines in your claim, as well as keeping your claim from being dismissed.
Contact a San Francisco Pregnancy Discrimination Lawyer Today
At Brandon Banks Law, APC, we know that the discrimination that you have suffered has left you feeling overwhelmed and helpless. We want you to know that you are not alone during these challenging times. With experience handling hostile and discriminatory workplace claims throughout San Francisco, we will work to protect your rights in your time of need.
To speak with us about your options, please contact a San Francisco employment lawyer from our office today for a consultation. You can also take a moment to fill out our employment intake form to help us gain a better understanding of your situation so that we can help you to get back on your feet.
