Pregnancy Discrimination

San Diego Pregnancy Discrimination Attorneys

Pregnancy Discrimination Lawyer In San Diego

In today’s society, women are the ones who must often make that critical choice between having a job / career or beginning a family.

If such life defining decisions in a woman's life, were not enough, pregnant women often face illegal pressures and discrimination in the workplace. Workplace Discrimination Attorney John McCarthy believes that pregnancy discrimination should not force you out of the workplace, so he will fight hard to protect your rights.

Many pregnancy-related situations experienced by pregnant women are both illegal and actionable in court:

• Employer fails to hire because of pregnancy.
• Employer denies promotion because of pregnancy.
• Employer demotes because of pregnancy.
• Employer fires woman because of pregnancy.
• Employer denies unmarried woman medical benefits for pregnancy.
• Employer prohibits maternity leave.
• Employer denies pregnancy-related disability leave.
• Employer retaliates against a woman who requests pregnancy leave.

State and Federal laws prevent discrimination against women. Moreover, the California Family Rights Act (CFRA) was established to ensure secure leave rights for the following:

• Birth of a child for purposes of bonding
• Placement of a child in the employee’s family for adoption or foster care
• For the serious health condition of the employee’s child, parent or spouse
• For the employee’s own serious health condition

An employer is not required to pay an employee during a CFRA leave, except when an eligible employee elects, or the employer requires the employee to use any accrued vacation time or other accumulated paid leave other than accrued sick leave.  However, according the the California Department of Fair Employment, if CFRA leave is for the employee’s own serious health condition, the employee may elect, or the employer may require the employee, to use any accrued vacation time or other accumulated paid leave, including any accrued sick leave. Additionally, the employee may elect to use accrued sick leave for any other reason mutually agreed to by the employer.

An employer must continue health care coverage for employees during their CFRA leave. If the employer provides health benefits under any group health plan, the employer has an obligation to continue providing such benefits during an employee’s CFRA leave. This obligation commences on the date leave first begins. The obligation continues for the duration of the leave(s), up to a maximum of 12 work weeks in a 12-month period.

An employer must continue other benefits during an employee’s CFRA leave. During the period of CFRA leave, the employee is entitled to accrual of seniority and to participate in employee benefit plans, including life, short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as would apply to any other leave granted by the employer for any reason other than CFRA leave.

Time is Critical – Contact Attorney John McCarthy Now

Unfortunately, the law allows only a small window of time for us to file a pregnancy discrimination charge against your employer, so you should contact a discrimination attorney as soon as you have pregnancy discrimination directed against you. Employment law also allows you to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) even if you are no longer working for your employer.  Call Attorney John McCarthy today for a free consultation: (800) 690-1701