California has laws in place which protect women who are or have been pregnant. Our state's act on Pregnancy Disability Leave (PDL) requires an employer to grant up to seventeen weeks of time off for pregnancy related disabilities. Also, the California Family Rights Act (CFRA) requires an employer to grant both the mother and the father up to twelve weeks off after the birth or adoption of a new child. Also, if one is suffering an ongoing disability from a pregnancy or child birth then California's Fair Employment and Housing Act (FEHA) requires an employer to make reasonable accommodations in order to work around the disability. Employers who violate these laws may be required to pay damages.
Common examples of violations include:
- Firing someone for getting pregnant or for being perceived as pregnant
- Disciplining an employee for pregnancy-related absences (e.g., morning sickness or prenatal care appointments)
- Not providing reasonable accommodations for pregnancy
- Denying pregnancy disability leave (PDL)
- Denying leave after a baby is born
- Deducting pay for time missed or cutting benefits
- Termination upon returning from leave
The first step in bringing a discrimination case is to file a complaint with a state administrative agency. If the agency is unable to resolve the matter then you will be given the right to sue in Court. Once a lawsuit is filed your lawyer will begin gathering evidence which shows that the discrimination, in fact, occurred due to pregnancy and that you were not punished for reasons stated by the employer. If settlement cannot be reached then the matter will be resolved at trial. It is important that you retain counsel to help you with this process.
Glen Duvel has been handling pregnancy discrimination cases for over 22 years in Orange County and the surrounding areas. He will use your initial consultation to hear your side of the story, to help you understand whether you have a case, and to explain what you should expect from the process. He will assist you in dealing with the necessary administrative agencies and will quickly file a lawsuit once that process is completed. He will use the discovery process to gain internal documents, such as emails, to show that the employer could have accommodated you but chose to discriminate instead. Our firm will aggressively represent you at trial, will take steps to ensure that you know what to expect from the process, and will protect your rights. Contact us today to schedule a consultation.