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Pregnancy Discrimination

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Pregnancy Discrimination

Item: Olivier & Schreiber, LLP
Rating: 5
Author: Chi-Jui Ho,Google review

Discrimination on the job that is based on the employee’s sex is illegal, and – since 1974 – this includes discrimination that is based on pregnancy. Both the federal government and the State of California offer protections for pregnancy, and a better understanding of your rights can help you protect them. If you’ve been discriminated against on the job based on your pregnancy, reach out for the skilled legal guidance of an experienced Bay Area pregnancy discrimination attorney.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act, which is known as Title VII, maintains that a company can’t have an employment policy – whether written or not – that excludes applicants from employment or denies employees any terms, conditions, or privileges of employment because of pregnancy, childbirth, or related medical conditions. Further protections include:

Companies must allow pregnant employees to continue performing their jobs as long as they are capable of doing so.
Companies can’t make employment decisions related to a worker’s performance based on either stereotypes or assumptions associated with the worker’s pregnancy.
Companies can’t implement special procedures that are based on pregnancy or pregnancy-related conditions for determining an employee’s ability to do their job.
Companies can’t terminate or deny assignments or promotions to employees based on pregnancy, childbirth, or related conditions.
Companies have a duty to protect the health and safety of their employees, but they can’t implement additional protections for pregnant or potentially pregnant employees, which means that an employer can’t exclude women from specific jobs based on a desire to protect fetuses.

When it comes to pregnancy, employees are afforded many protections, but identifying this brand of discrimination and calling it out legally tends to be challenging – a seasoned pregnancy discrimination attorney can help.

State Protections

California enhances the protections implemented by federal law in relation to pregnancy, and one such example is the Fair Employment and Housing Act (FEHA), which includes protections for pregnancy-related disabilities, such as gestational diabetes. Your employer faces a range of obligations in relation to your pregnancy, childbirth, and related conditions, including:

Reasonably accommodating your medical needs, such as by modifying your work duties temporarily, allowing you more frequent work breaks, or allowing you to have a stool or chair while performing your job
Transferring you to work that is either less strenuous or less hazardous – when possible – if medically indicated
Affording you pregnancy disability leave (PDL) – as medically necessary – for up to four months and securing your job for your return
Affording you the reasonable privacy and break time necessary to express breast milk on the job

Discrimination based on pregnancy comes down to you being treated differently than other employees are as a result of your pregnancy, childbirth, or any related health concern.

An Experienced Bay Area Pregnancy Discrimination Attorney Is Standing By to Help

The accomplished Bay Area pregnancy discrimination attorneys at Olivier & Schreiber, LLP are well-versed in the many nuanced forms of pregnancy discrimination on the job and are positioned to skillfully advocate for a claim resolution that upholds your rights and best interests. For more information about what we can do to help you, please do not delay reaching out and contacting us today.

What Our Clients Say

I contacted Rachel Bien with Olivier & Schreiber LLP regarding a potential employment discrimination claim. In our initial consultation, I felt that she genuinely listened to my concerns, and she was patient and thorough. Even though my case was probably small relative to other cases she likely deals with, she offered me helpful guidance in determining options and how to proceed. Ms. Bien was patient and calm and helped keep the situation cool. She answered my questions with clarity and in a timely manner. I was ultimately able to reach a compromise with my employer. Without Ms. Bien's assistance, I don't think that would have been possible.

Nicole B.

Monique took on a complicated medical malpractice appeal for my clients after we obtained a jury verdict. Not only was she successful in upholding the verdict, but it became a published decision that helped define the landscape of California law. For her efforts she was recognized by California Lawyer Magazine as an "Attorney of the Year" for medical malpractice! When I have an appellate issue, Monique is my first choice!!

Hiring Monique Olivier to handle the appeal of a trial I won was easily one of the best decisions I have made in my entire legal career. In addition to being incredibly smart, Monique’s skills and preparation were impeccable. She gave me a tremendous amount of confidence, and did an incredible job in every aspect of our appeal. My clients and I will always be grateful for Monique's superior work, and I strongly recommend her as an appellate lawyer.

Christian and his team looked out for my best interests. They had my back and were professional and unrelenting in achieving fairness for me.

Christian Schreiber was very supportive, considerate, and understanding of my situation. Super hardworking, it felt as if he was always working on my case, and always kept me in the loop. I truly appreciated that. He was always available and was super quick to answer any questions or concerns I had. He has a true passion for this job and I will highly recommend him.

I needed counsel ready to interact with a delinquent, low integrity, and untrustworthy employer. I also needed clear guidance on the path ahead. O&S was instrumental in driving the clarity I needed while being both comforting and "no nonsense." Deeply satisfied with my representation, I have recommended O&S numerous times to others in need of employment labor counsel.

Monique Olivier came highly recommended to me by a dear friend. After one meeting, it was clear to me that she was the direct, wise, and earnest attorney that I needed to back me. Monique was accessible and patient with me, particularly with the emotional aspects of my situation, and was able to provide clear and honest counsel. In the end, we were a successful team. I will forever be grateful for her support and advocacy. I cannot recommend her highly enough.

Christian is an extremely knowledgeable class action attorney. He's very passionate about protecting employees' rights and helping others. In sum, an outstanding lawyer and a very kind person. I can't recommend him enough.

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