PREGNANCY DISCRIMINATION IN THE SAN JOSE AREA

Have you been discriminated against in your workplace in Silicon Valley because of pregnancy? If you believe that you have been discriminated against due to pregnancy, contact us for more information on what you can do. We help women throughout San Jose and the San Francisco Bay Area.

The legal term for unlawful gender discrimination based on stereotypes is called disparate treatment. When an employer discriminates against an employee based on the employee’s gender, such as giving to one sex preference in hiring, salary advancements, or promotions, that is discrimination based on disparate treatment.

Discrimination Based on Pregnancy or Potential Pregnancy

Discrimination based on pregnancy, childbirth, or related medical conditions is prohibited by both the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.

Are you feeling overwhelmed and looking for a pregnancy discrimination attorney to help you?

Gender discrimination often takes place in the form of denying leave to workers who are entitled to it. Denial of pregnancy leave is one form of pregnancy discrimination. Pregnant women are entitled to leave under different statutes and an employer who violates the statutory rights of employees to take leave from work for legitimate reasons under the statute is in violation of the law and liable for damages.

It is an unlawful employment practice for an employer in California to refuse to grant pregnancy disability leave to an eligible employee. In order to prove that your employer unlawfully denied you pregnancy disability leave, under the Fair Employment and Housing Act you must show the following elements:

(1) Your employer has five or more employees as qualities as an employer under the definitions set forth by the Fair Employment and Housing Act.

(2) You were disabled by pregnancy.

(3) Your request was reasonable.

(4) The employer denied your request for pregnancy disability leave.

The maximum possible combined statutory pregnancy leave entitlement under the applicable bodies of law is four months plus 12 workweeks. In order to reach this maximum entitlement, the employee must be disabled by pregnancy for four months and then request and be eligible for a 12 week leave under the California Family Rights Act for reason of the birth of the child.

The California Fair Employment and Housing Act requires that if your employer has a policy or practice that requires that temporarily disabled employees be transferred to less strenuous or hazardous positions while they are disabled, then the employer may not refuse to transfer you while you are pregnant if you ask to be transferred according to this practice.

Also, according to guidelines published by FEHA, it is unlawful for an employer to ask a prospective employee whether or not she is or intends to become pregnant. So-called “maternal profiling” in which employers discriminate against women who have children, or women who will have children in the future, violates both FEHA and Title VII.

The legal term for unlawful gender discrimination based on stereotypes is called disparate treatment. Disparate treatment occurs when an employer discriminates against an employee based on the employee’s gender, such as giving to one sex preference in hiring, salary advancements, or promotions. If your employer discriminated against you because of pregnancy, that is a type of gender discrimination, and is considered disparate treatment.

Please do not hesitate to give us a call at 650-857-1600 or email us at brodericklaw@brodericklaw.com for a free consultation on how best to approach your pregnancy discrimination problems with employers. At the Broderick Law Firm we are here to help you stop wrongful sexual harassment in the workplace.

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