Pregnancy Discrimination Attorneys in Sacramento

Sacramento Pregnancy Discrimination Lawyers

Pregnancy is a protected class under both California and federal law. This means that an employer is prohibited from discriminating against an employee simply because they are pregnant, or planning to become pregnant. If you or a loved one have been discriminated or retaliated against by your employer in Sacramento, it’s very important that you get into contact with our Sacramento employment attorneys today.

Under Federal and California law, an employer cannot mistreat a woman unfavorably because of their pregnancy, childbirth, or any related conditions. This means that employers are required to treat pregnant employees the same way as any other employee.

Is Pregnancy Covered Under Discrimination?

Pregnancy is covered under Title VII of the Civil Rights Act of 1964. This prohibits discrimination based on any present, past, or potential pregnancies. The Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act of 1993 provides rights to pregnant employees. Employers are prohibited from discriminating against a pregnant employee during the scope of employment, which includes:

• Layoffs
• Training the employee
• Benefits
• Health insurance
• Job assignments
• Promotions
• Hiring
• Firing
• Interviewing

If you have experienced any type of negative misconduct by your employer during any point of the employment process, contact our Sacramento employment attorneys immediately. Our attorneys are readily available to take on any claims you may have against your employer for discrimination you have faced.

Examples of Pregnancy Discrimination Sacramento

Pregnancy discrimination can take place in many different ways. Some of the most common examples we have seen through our decades of experience representing pregnancy discrimination victims include:

• Failing to hire an employee because they are pregnant or may become pregnant
• Asking an employee whether they are pregnant or plan to become pregnant during an interview
• Firing an employee because they are pregnant or plan on becoming pregnant
• Taking away a pregnant employee’s health insurance benefits
• Reassigning an employee because they are pregnant
• Failing to provide reasonable accommodations to a pregnant employee
• Retaliating against an employee for requesting family leave off for their pregnancy

How Much is a Pregnancy Discrimination Case Worth in Sacramento?

It is important to note that no to discrimination claims are alike. That is why no experienced pregnancy discrimination attorney can give you a specific answer as to how much your case is worth without having an initial consultation. During this initial no-risk consultation, we want our potential clients to describe their claims in detail, and provide as much information as possible for our attorneys to understand the strengths and weaknesses of the claim. After listening to the entire claim, we can determine what type of compensation you could potentially receive, and how much you could receive. Contact our attorneys today to set up this initial consultation.

How Do You Prove Pregnancy Discrimination in Sacramento?

The victim, also known as the plaintiff, must have the burden of proof to show that they have suffered pregnancy discrimination. In order to prove pregnancy discrimination, the employer must have to show that they have suffered an adverse employment action because of their pregnancy status. An adverse legal action can take place in many different forms, such as being denied a promotion or being terminated. The plaintiff must also show that the employer’s non-discriminatory reason for firing the employee is not valid.

How Do You File a Pregnancy Discrimination Claim in Sacramento?

Before filing a civil private action against an employer for pregnancy discrimination, it must be filed with the federal Equal Employment Opportunity Commission.  The Equal Employment Opportunity Commission (EEOC) received around 4,000 complaints each year from pregnant employees who have been discriminated against at work. This commission reviews and investigates your claim to determine whether you have the right to sue. After you receive the right to sue, you then file a claim with your Sacramento attorney against the at fault party.

What is the Family Medical Leave Act?

Under this federal act, a pregnant woman has rights before and after giving birth to her child. All non-exempt employees must allow a pregnant employee to take leave prior to the birth of their child, along with any disabilities they may suffer as a result of childbirth. After the birth of the child, most employers must provide 12 weeks of unpaid leave to the employee. This means that the employee could return after their leave and could have their job reinstated. During this time, the employer cannot terminate the employee from their employment.

When the employee returns from their medical leave, they will be able to retain their similar position, with the exact same pay and benefits. All terms and conditions must be the same. If your employer has failed to provide you with a similar position after returning from a family leave, you will be able to file a claim for pregnancy discrimination against them.

California Pregnancy Discrimination Law

California law has several protections in place for pregnant employees similar to federal laws. Under the California Department of Fair Employment and Housing (DEFH), no employee can be discriminated against on the basis of their pregnancy. You can file a pregnancy discrimination claim with either the EEOC or the DFEH.

How Long Do I Have to File a Claim for Pregnancy Discrimination in Sacramento?

Statute of limitations is the legal term used to describe when a plaintiff could file a claim against the at-fault party. When the plaintiff files the claim too late, after the statute of limitations has run, they could risk getting their entire claim dismissed. That is why it is very important to seek the advice and experience of a Sacramento discrimination attorney immediately if you think you have suffered discrimination. In California, an employee must file a complaint against the employer within one year from the last illegal act. If the employee has a federal cause of action, they have 300 days from the discriminatory act to file a claim.

When Should I Contact an Attorney?

If you have encountered any of the above-mentioned circumstances, or believe that your employer may have engaged in some type of misconduct, contact our discrimination attorneys to determine what type of wrongful misconduct your employer has engaged in. During this initial consultation, we will determine the merits of your claim, along with any potential compensation you may receive for your claims. Our attorneys are readily available to assist you with negotiations with the other parties, along with taking your case to court if need be.

Our aggressive attorneys provide individualized attention to all our discrimination cases, because we understand that no two discrimination cases are alike.

We understand that it can be a very traumatic experience to be discriminated against by your employer, especially if you are pregnant. Pregnancy is a joyous occasion, and this should not be a basis for mistreating an employee in Sacramento.