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If you have experienced pregnancy discrimination, you have legal recourse. Filing a pregnancy discrimination complaint gives you the chance to hold parties responsible for the losses you sustained, including lost wages and pain and suffering. Filing pregnancy discrimination claims in San Francisco is not a simple process, however. You may find it less daunting with an attorney’s assistance.
Pregnant workers’ rights are an integral component of employment law in California. The state requires employers to offer pregnancy accommodations, and there are a variety of other protections to ensure that no one loses their job just because they are pregnant.
If you’re facing employment discrimination, it’s important to know what your next steps should be. Learn more about pregnancy discrimination protections available to you and how an attorney can assist you if you choose to pursue legal action.
Understanding Your Pregnancy Discrimination Rights in California
When it comes to employee rights, pregnancy in California provides protected status under the Fair Employment and Housing Act (FEHA). The Pregnancy Disabilities Act fits under the umbrella of the FEHA. This requires that employers with five or more employees offer up to four months of leave for pregnancy-related medical conditions and disabilities. Pregnant employees do not get paid leave under this act, however.
Employees are eligible for it no matter how long they have been at the workplace. Pregnancy Disability Leave (PDL) violations in San Francisco are taken very seriously.
You also have the right to request a transfer to safer job assignments, if available. If you have medical reasons during the pregnancy that allow you to request less hazardous work, your employer must do all that they can to assist you.
Employers must also offer reasonable accommodations. They must be able to provide modified duties, seating, extra breaks, and even lifting restrictions. To obtain reasonable accommodations for pregnant workers in SF, you will need a healthcare provider to state that these are necessary.
Employees who are pregnant have a right not to be discriminated against for being pregnant. They cannot be fired or harassed because of a pregnancy or related medical conditions. Retaliation for pregnancy leave in San Francisco is prohibited by law. There are federal regulations in place that cover this, too.
Additionally, nursing mothers must be given lactation accommodations in the workplace. This must be a private space that is not a bathroom. They must also be given enough time to express breast milk.
It’s also important to keep in mind that California has a Paid Family Leave program that provides partial wage replacement so that parents can bond with their child. You cannot be fired or punished for taking this leave. This is separate from the PDL, so you may be entitled to both.
There are federal protections you can rely on, as well. The Pregnancy Discrimination Act is part of Title VII of the Civil Rights Act. It prohibits any form of sex discrimination on the basis of pregnancy or related medical conditions, just as it protects individuals from being discriminated against because of race, national origin, and many other characteristics.
Preparing Evidence Before Filing
Filing pregnancy discrimination claims in San Francisco is a complex process that requires gathering substantial evidence. You will need to collect documentation, including emails, text messages, notes, performance reviews, and other relevant communications with your employer after the discrimination occurred.
If there were verbal conversations that impact your rights, it’s helpful to create a contemporaneous account of what these involved. The same applies to actions like being left out of a meeting or having your workload negatively altered. Document all of this with as many details as you can.
Compare treatment in the workplace. How does your employer treat other employees? Being able to paint a stark difference in treatment is useful in workplace pregnancy discrimination claims.
Detailed Steps to File a Pregnancy Discrimination Claim in San Francisco
When looking for how to file a pregnancy discrimination claim, one of the first things you must do is decide where to file the charge. You can do so in a state or local agency or via a federal agency.
The steps to file a discrimination lawsuit in San Francisco typically begin with contacting the California Civil Rights Department. You can start state-level claims that address violations of the Fair Employment and Housing Act. The state typically gives you 3 years from the date of the last discriminatory act to file a charge.
To begin the California Civil Rights Department (CRD) filing process, you’ll need to create an account with the California Civil Rights System and submit an intake form that outlines the discrimination you experienced. You will then be interviewed by a CRD representative to ensure that the complaint requires an investigation.
You may be eligible to pursue a legal process for pregnancy discrimination via the Equal Employment Opportunity Commission (EEOC). This is a federal agency. The Pregnant Workers Fairness Act requires employers of 15 or more employees to offer reasonable workplace accommodations to address an employee’s pregnancy unless it would present an undue hardship.
California has a work-sharing agreement with the EEOC, so claims you file with CRD often do not need to be filed with the EEOC, as they’re handled automatically.
If you choose to file directly with the EEOC (as can happen for federal employees), you only have 180 days to do so, so acting quickly is paramount. In states with local agencies, this deadline may be extended to 300 days.
When considering an EEOC vs. CRD pregnancy claim in California, keep in mind that CRD claims give you more time to file and typically offer better protections. It’s important to consult with an attorney before deciding where to present the claim.
Agency Investigation, Mediation, and Right-to-Sue
Once you’ve begun the claim, the pertinent agency may choose to investigate, or they can offer mediation to try to resolve the problem as rapidly as possible. If the CRD chooses not to investigate or if it becomes clear that there won’t be a simple resolution, the agency may issue a Right-to-Sue letter. A Right-to-Sue letter pregnancy discrimination document gives you the opportunity to begin a lawsuit.
You will generally have one year to begin this legal action. As soon as you choose to take this step, you should hire an attorney to help you.
Avoiding Retaliation During the Process
One of the challenges of filing San Francisco pregnancy discrimination claims is that your employer may retaliate. Although it’s illegal for them to do so, they may attempt to do so. The Pregnant Workers Fairness Act protects you against retaliation.
One of the most important things you can do to protect your legal rights is to ensure that you have filed the claim correctly. Leave everything in writing. If you are demoted or fired, ask your employer to give you a reason in writing, too.
Continue providing quality work so that they do not have an excuse to take action against you. Stay professional, too. Don’t provide any fodder that they can use against you.
Know your rights. Via federal and state law, you are protected from retaliation from the moment you ask about accommodations or file a complaint.
Remedies and Outcomes for Pregnancy Discrimination Claims
If you’ve filed a claim for pregnancy discrimination, you may not know what to expect. You may be entitled to back pay and benefits, like health insurance coverage. It’s also possible to receive front pay, which is monetary compensation for future lost income if reinstatement is not an option.
In some cases, the court may order that you be reinstated and that you receive compensatory damages for emotional distress. Your attorney’s fees and additional costs will be covered, too. There may be other outcomes, such as the court ordering additional training for HR or employers, or even policy changes in the business. Sometimes, the company can be ordered to post signs that clearly state employees’ rights.
The outcome you receive can be affected by numerous factors, including the amount and quality of available evidence. Having a clear “paper trail” of how the discrimination occurred is very helpful. The timing of the adverse action plays a role. If the employer acted shortly after the announcement of the pregnancy, that’s a strong piece of evidence that bolsters your claim.
Relying on a San Francisco Pregnancy Discrimination Lawyer
If you have suffered a discriminatory action for pregnancy or related medical conditions, you have the right to begin a legal process. Dealing with federal and state laws regarding discrimination is not simple, however, so you should not pursue them without legal representation.
A San Francisco pregnancy discrimination lawyer offers the guidance you need to obtain compensation and other remedies. At the California Civil Rights Law Group, we are here to help you navigate the intricacies of these claims and lawsuits. We have been assisting people throughout San Francisco for decades, and we can help you, too.
Contact our team to schedule a free consultation with one of our attorneys.
