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Have You Been Wrongfully Terminated After a Pregnancy or Treated Wrongfully During Your Pregnancy?
Our Modesto Pregnancy Discrimination Lawyer Protects Families
It is hard to imagine something more exciting than adding a new member to your family. However, there is also much stress involved during this time. For example, you have to plan a baby shower, prenatal visits and prepare your home for your new baby. The one thing you should not need to worry about is keeping your job. Nonetheless, employers are not always unparalleled examples of fairness. According to an article in February 2018 by The Washington Post, the U.S. is one of the lowest ranking countries for maternity leave benefits. Worse, many mothers in the U.S. face illegal retaliation tactics if they become pregnant. If you have questions about maternity leave and your rights, a Modesto pregnancy discrimination lawyer from our firm can help.
At Arata, Swingle, Van Egmond & Heitlinger, we believe that mothers have the right to take time away from work after having a baby. Our firm understands how important family is and how employers can sometimes treat expecting mothers unfairly. No mother should live in fear that she will be fired from her job just for becoming pregnant. If you have returned to work and feel that you are being discriminated against, our pregnancy leave lawyers can help.
What Are Examples of Pregnancy Discrimination?
Pregnancy discrimination in California can take many forms. For example, some companies might feel that their brand does not fit with a pregnant employee. Other times, an employer may use the opportunity to claim that a pregnant worker had too much time away from work. To best understand what your options are, it is important to understand the definition of pregnancy discrimination. In general, if you are pregnant and denied maternity leave or intermittent leave, a reasonable accommodation as a result of pregnancy restrictions, fired or face other discrimination, then you may have a case against your employer.
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 change your compensation due to pregnancy or once you return from leave. For example, an employer may state that you had too much time away from work and need to be re-trained. If this is the case, it is recommended that you contact one of our experienced attorneys.
- Change of Job Assignments: Some mothers return to work and are told they have different job responsibilities. However, your job assignments should stay as they were before you left.
- Change in Terms of Employment: Employees have certain benefits and privileges. If you return to work after pregnancy and terms or privileges of your employment have changed, you might have grounds for a discrimination lawsuit.
Can I Sue My Employer for Pregnancy Discrimination?
Both federal and California law allow up to 12 weeks of unpaid leave. Pregnant employees also have additional rights under the California Pregnancy Disability Leave laws. However, this unpaid leave must include employer-paid health benefits. As a rule, this law is designed to protect your job, meaning that your employer must leave your position open for your return. If you feel your employer has discriminated against you due to a 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 is a legal requirement if you wish to file 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 the claim is filed, the EEOC will send a copy to your employer. (You can file with the DFEH within one year).
- Obtain a Right to Sue Letter: After a review, the EEOC may issue you a “right to sue” letter. This letter states that the EEOC has completed its review and you are free to file.
- Contact an Attorney: After you file with the EEOC and receive your letter, you have 90 days to file a lawsuit. Since time is of the essence, it is in your best interest to contact one of our experienced attorneys as soon as possible and before you decide to file a claim with the EEOC or DFEH.
Are You Pregnant and Facing Discrimination? Call Our Firm for a Free Consultation
Have you returned to work after pregnancy and find things have changed? Are you concerned about protecting your family’s future? You do not need to live in fear over keeping your livelihood and providing for your family after having a baby. A Modesto pregnancy discrimination lawyer from our firm can investigate the details of your case and handle your claim. We will fight for your right to stay employed and raise your family.
At Arata, Swingle, Van Egmond & Heitlinger, we have been protecting the rights of mothers for years. A pregnancy leave attorney from our firm can help you, no matter what state you live in or the circumstances of your pregnancy. To find out how we can help, contact us online today or call our firm at (209) 340-1110.
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