If You Are Pregnant and
Being Discriminated Against
Or Harassed at Work
YOUR CIVIL RIGHTS ARE BEING VIOLATED!
Have You Been Denied Lighter Duty? Written up? Laid off when there's plenty of work? Terminated? Or, pressured to quit just when you need the work to pay for the new arrival.
California law protects pregnant employees from these and other civil rights violations! If you have been fired because you are pregnant or laid-off, or demoted or harassed or not taken back after pregnancy leave, your rights may have been violated and we can help.
Once you inform your employer that you are pregnant, your employer must make reasonable efforts to accommodate you! For example: by assigning you to lighter duty (no heavy lifting), moving you away from radiation, allowing you flexible hours when necessary. It is illegal in California for employers to fire you or to lay-off as a pretext for not paying you during your pregnancy. In addition, an employer cannot harass you or otherwise discriminate because of your pregnancy, childbirth, or a related condition.
Once you inform your employer that you are pregnant, your employer must engage in a serious "interactive process" to determine how to accommodate you. They must discuss your needs and reasonable ways in which your workload may be modified to accommodate your condition.
If you believe your civil rights have been violated, we'd like to learn more about your case. Our legal team includes top litigators in all aspects of employment law, including pregnancy discrimination. If you think your rights have been violated, call us for a FREE consultation. We'll talk in complete confidence and you'll be under no obligation.
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We look forward to hearing from you and discussing your options.
Here is a quick summary of the laws which are designed to protect you:
Pregnancy Leave: If your employer has at least 5 employees you are eligible for four months pregnancy leave based on the amount of time you've worked in the prior year. You must give your employer reasonable notice and you may take your leave all at once or in increments. You may be required to use sick time, however, you are not required to use vacation time or paid time off. Upon return from leave. you must be reinstated to your job or one that is comparable.
Bonding Leave: You are entitled to 12 weeks Bonding Leave within one year of the child's birth if you have been at the job for at least one year;
you have 1250+ hours of service in the past year, and your employer has 20+ employees working within a 75-mile radius.
You must give your employer reasonable notice. You may take your leave all at once or in 2-week blocks within the first year of birth. You must be reinstated to your job or a comparable one. Both parents are entitled to Bonding Leave but if they work for the same employer, the total number of weeks for both is twelve.
Accommodation: You may be entitled to an accommodation if you have a pregnancy disability. Accommodation means changes to your job responsibilities and/or environment that allow you to perform your job. Accommodation can include:
Modifying work duties to be less strenuous.
Use of a stool or chair while performing work duties.
Temporary transfer to a less strenuous or hazardous job.
Longer or more frequent breaks.
Private lactation accommodations.
Pregnancy Disability Leave (PDL). .
Additional leave as a reasonable accommodation at the end of PDL.
Keep in mind that these are only examples. You may be entitled to other accommodations if they are reasonable. Whether you are entitled to accommodation depends on the facts and circumstances of your case.
Call us if you have any questions at (877) 320-2380
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