Newport Beach Pregnancy Discrimination Lawyer
It was not that long ago that sexist employers were free to discriminate against pregnant workers and applicants. In fact, it was common practice for employers to treat pregnant women as liabilities, making assumptions that they would be poor hires due to lost productivity. That time is past. Pregnant employees and applicants must be given the same rights as all other employees, and any temporary disability benefits that an employer provides must be extended to pregnant employees as well. Pregnancy discrimination cannot be tolerated in today’s workplace. The Newport Beach pregnancy discrimination lawyers at The Garza Firm can help you achieve justice.
What Constitutes Pregnancy Discrimination?
Any negative employment decision based on an applicant/worker’s real or perceived pregnancy constitutes unlawful workplace discrimination. Examples of pregnancy discrimination include the following:
- Refusing to hire an employee because of her pregnancy or suspected pregnancy.
- Refusal to promote an employee because of her pregnancy.
- Failing to provide the pregnant employee with the same benefits and accommodations that other temporarily disabled employees qualify for under company policy.
- Requiring a pregnant employee to take time off if she is still capable of performing the basic requirements of her job.
- Refusing to give the employee time off under the Family and Medical Leave Act.
- Not allowing the employee to return to her prior position, pay, or status after the pregnancy.
- Not allowing the employee to return to work at all after giving birth (employers must hold the position open for the same length of time they would for another employee who was temporarily disabled).
- Discrimination based on lactation or breastfeeding: employers must make reasonable accommodations for breastfeeding breaks as well as provide a safe and private location for lactation needs.
- Harassment based on the worker’s pregnancy status, including crude jokes, unwelcomed teasing, exclusion, or threats.
- Disciplining the pregnant employee because of her pregnancy.
Light Duty Policy
If an employer offers “light duty” or other short-term benefits to temporarily disabled employees, they have an obligation to extend those same benefits and reasonable accommodations (such as more frequent bathroom breaks, comfortable seating for employees who would normally stand, and reduced working hours) to pregnant employees or employees who recently gave birth.
Damages in a Pregnancy Discrimination Claim
By filing a claim against your employer, you may be able to be reinstated at your job, receive the promotion that you were denied, recover back pay or future pay, receive compensation for emotional distress, and recover out-of-pocket expenses that you incurred due to being terminated, such as medical expenses.
Call a Newport Beach Pregnancy Discrimination Lawyer Today
Were you suddenly disciplined for your job performance after revealing that you were pregnant? Did your employer terminate you without giving a clear reason why? Is your employer refusing to provide reasonable accommodations for your pregnancy? You likely have a pregnancy discrimination case worth pursuing. Winning is never a sure thing in an employment discrimination claim—proving why your employer conducted themselves in the way they did is difficult—but our Newport Beach pregnancy discrimination lawyers will do everything in their power to ensure that your rights are protected. Call The Garza Firm today at 949-570-8350 to schedule a free case evaluation.
