How Can a Pregnancy Discrimination Lawyer Help Me?

Apr 7


Bruce Markey

Bruce Markey

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A pregnancy discrimination lawyer makes you aware of your rights as an employee and helps you know whether any right is violated because you are pregnant.


Introduction: You may be enthralled to find your pregnancy tests all turning positive,How Can a Pregnancy Discrimination Lawyer Help Me? Articles and the feeling you are a would-be mother will excite you very much. But some employers may be disappointed to know workers are pregnant. They may assume things you might not have imagined and make some hard decisions about your employment.

The pregnancy discrimination Act is a federal law that deters any employer from discriminating or denying employment to a person based on pregnancy. Many employees are not aware of their rights, and in some cases, the discrimination is not evident to identify the problem. Similarly, state laws like the fair employment and housing act don't encourage employers to discriminate against pregnant employees.

Provisions of FEHA?

If an employer demotes, terminates, withholds job assignments because she is pregnant, that amounts to pregnancy discrimination. Suppose you tell your employer that you are pregnant, and he demotes you to a lower position because he doesn't believe you can do the job leads to discrimination. You can initiate a legal process to claim damages. Your employer refuses to hire you because you mentioned in the job application that you are pregnant. In such an instance, you can file a case for pregnancy discrimination.

FEHA also has provisions for reasonable accommodation for a pregnant employee. It states that the employer must provide a favorable environment or schedule to help the employee do her job. A better work environment includes frequent rest intervals, changes in the work schedule, work from home option, etc. If your employer doesn't consider promoting you because you took more restroom breaks, you can file a discrimination case.

Pregnancy disability leave law states that a pregnant employee is entitled to get four months unpaid leave if she has any disability due to pregnancy. California family rights act and the Federal family medical leave act allow a pregnant employee to take 12 weeks of unpaid leave if she has a disability due to childbirth. This benefit is available to employees of covered employers.

When can I confirm pregnancy discrimination?

The employer terminates you for a dishonest reason: Your employer terminates you stating poor performance as the reason. You know well that you outperformed many of your colleagues, and the employer does everything to camouflage the real reason- your pregnancy.

Wrong timing of termination: You are doing great in your job, and the employer terminates you for silly reasons. You can file a case for wrongful termination. Suppose you are doing an exceptional customer service job and get excellent feedbacks except for one or two. The employers bring it up immediately when you inform him that you are pregnant. It is a clear case of pregnancy discrimination.

Prejudice in procedure: If your organization follows three-step disciplinary action before terminating an employee and your employer terminates you without notice, that is purposeful termination because you are pregnant.

In such situations, talk to the nearest pregnancy discrimination lawyer about the recourse available in case of discrimination. Firstly, you should be aware that a pregnant employee has all the rights available to a non-pregnant employee.