Bracamontes & Vlasak, P.C.
San Francisco Office
220 Montgomery Street
San Francisco, CA 94104
1901 Harrison Street
Oakland, CA 94612
San Francisco Personal Injury
Expecting a child can be an exciting and joyful time in your personal life. In many cases, news of your expanding family is met with congratulations and encouragement from employers. Unfortunately, this is not always the case. Pregnant employees who face a hostile environment from co-workers or supervisors may have a legal claim for pregnancy discrimination.
At the law firm of Bracamontes & Vlasak, P.C., we understand that if you have been a victim of pregnancy discrimination, you have a lot of changes going on in your life and the thought of filing a lawsuit is not how you want to spend your time and energy. Our San Francisco pregnancy discrimination attorneys offer free consultations and take the time to talk with our clients to understand their situation and needs.
Similar to color, gender and sexual preference, pregnancy is a protected class in California. This means that it is unlawful for an employer to treat an employee differently because she is pregnant. Even if you were not fired, you may still have a claim against your employer for discrimination. In some pregnancy discrimination situations, the adverse impact takes subtler forms, such as:
The California Fair Employment and Housing Act (FEHA) protects employees and tenants from discrimination based on race, religion, sex, age (40 and over), disability, medical condition (including pregnancy, AIDS, HIV, and cancer), sexual orientation, marital status, and national origin. Under this law, an employer is prohibited from discriminating against an employee in all phases of employment, including the hiring, promotion, and termination phases.
The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide eligible employees with 12 weeks of leave during each 12-month period for a covered reason. Under both the FMLA and CFRA, the birth of a child and to care for the child are covered reasons.
In order to be eligible for the protections under FMLA or CFRA, a pregnant woman must:
Once eligibility is determined, the employer must maintain the employee’s health benefits during the time that the employee is on leave. In addition, an employer is required in almost all cases to reinstate the employee to the same or an equivalent position upon return from leave.
If you have been the victim of pregnancy discrimination or fair employment violation, you need to act within a certain time period to preserve your rights. These timelines must be followed and discussing your case as soon as possible with an attorney will help preserve your legal rights.
Contact an experienced Bay Area pregnancy discrimination lawyer at Bracamontes & Vlasak today for a free consultation. We can also be reached by telephone at 415.835.6777.
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