PREGNANCY DISCRIMINATION
Count On Our Team to Protect Your Interests
HAVE YOU BEEN WRONGFULLY TERMINATED AFTER A PREGNANCY OR TREATED WRONGFULLY DURING YOUR PREGNANCY?
Our Modesto Pregnancy Discrimination Lawyer Protects Families
Adding a new member to your family is incredibly exciting. However, this major life change often brings stress. For example, you must plan a baby shower, schedule prenatal visits, and prepare your home for your baby’s arrival. Meanwhile, you should never feel worried about keeping your job. Nonetheless, employers do not always act fairly. According to an article in February 2018 by The Washington Post, the U.S. ranks among the lowest countries for maternity leave benefits. Even worse, many mothers across the nation experience illegal retaliation after becoming pregnant. Therefore, if you have questions about maternity leave or your rights, a Modesto pregnancy discrimination lawyer from our firm can help.
At Swingle, Van Egmond & Heitlinger, we strongly believe that mothers deserve the right to take time away from work after welcoming a child. Additionally, our firm understands how important family is and how some employers mistreat expecting mothers. No mother should live in fear of losing her job simply because she is pregnant. Furthermore, if you returned to work and now feel targeted or unfairly treated, our pregnancy leave lawyers can support you.
What Are Examples of Pregnancy Discrimination?
Pregnancy discrimination in California appears in many forms. For example, some companies may decide that their brand image does not align with a pregnant employee. Other times, an employer may use a worker’s pregnancy as an excuse to claim she spent too much time away from work. To fully evaluate your options, you must clearly understand the definition of pregnancy discrimination. In general, if you become pregnant and your employer denies maternity leave, denies intermittent leave, refuses reasonable accommodation for pregnancy restrictions, fires you, or treats you unfairly, you may have a valid case.
Some common examples of illegal pregnancy or childbirth discrimination involve any of the following treatment:
- Change in Compensation: It is illegal for an employer to reduce your compensation because of pregnancy or after you return from leave. For instance, an employer may claim you missed too much time and now require retraining. If this happens, contact one of our experienced attorneys immediately.
- Change of Job Assignments:
Some mothers return to work and discover they now have different job responsibilities. However, your job duties should remain the same as before your leave.
- Change in Terms of Employment: Employees receive certain benefits and privileges. Therefore, if your employer returns you to work and changes your terms or privileges, you may have grounds for a discrimination lawsuit.
Can I Sue My Employer for Pregnancy Discrimination?
Both federal and California law grant up to 12 weeks of unpaid leave. Pregnant employees also have additional rights under California Pregnancy Disability Leave laws. However, this unpaid leave must still include employer-paid health benefits. Additionally, the law protects your job by requiring your employer to keep your position open. Therefore, if you believe your employer discriminated against you because of pregnancy, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) . This step is necessary before filing a lawsuit.
To file a pregnancy discrimination lawsuit in California, you must:
- File Within 180 Days: You have six months to file a claim with the EEOC. After you file, the EEOC sends a copy to your employer.
(You may file with the DFEH within one year.) - Obtain a Right to Sue Letter:
After the EEOC reviews your case, the agency may issue a “right to sue” letter. This letter confirms the EEOC completed its review and allows you to move forward.
- Contact an Attorney: Once you receive your letter, you have 90 days to file your lawsuit. Since time is critical, contact one of our experienced attorneys as soon as possible—ideally before you file with the EEOC or DFEH.
- File Within 180 Days: You have six months to file a claim with the EEOC. After you file, the EEOC sends a copy to your employer.
SPEAK WITH OUR MODESTO CAR ACCIDENT LAWYERS
If you returned to work after pregnancy and noticed sudden changes, you may worry about your career or your family’s future. However, you do not need to live in fear. A Modesto pregnancy discrimination lawyer from our firm can investigate your situation and manage your entire claim. Furthermore, we will fight to protect your employment and your right to support your family.
At Swingle, Van Egmond & Heitlinger, we have protected the rights of mothers for many years. A pregnancy leave attorney from our firm can help you regardless of where you live or what circumstances surrounded your pregnancy. To learn how we can help, contact us online today or call 209-522-2211.
“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”
- James M.
