Our San Jose employment lawyer can help you if you were discriminated against due to pregnancy when applying for a job or as an employee.
A woman who was treated in an unfavorable manner because she was pregnant, went through childbirth or had a medical condition linked to either has legal rights. According to the Pregnancy Discrimination Act, employers are forbidden to discriminate due to pregnancy. The PDA includes the decision to hire, fire, pay, give job assignments, promote, layoff, train, give fringe benefits like health insurance or leave, and any other issue that is linked to employment.
A woman who cannot perform her regular duties because of a medical condition or issue that is connected to her pregnancy or childbirth is to be accorded the same rights as any other employee who is suffering from a temporary disability. Also, if the woman is suffering from a temporary impairment due to the pregnancy, these issues could be covered by the Americans with Disabilities Act. With that, the employer might have to give reasonable accommodation to the employee. That can include leave or modifications that will let the worker do her duties. If the employer is subject to undue hardship by making these accommodations, they might not have to be provided. Undue hardship can include cost and substantial difficulty in accommodating the employee.
Your San Jose employment attorney will tell you that a woman cannot be harassed because she is pregnant, went through childbirth or is suffering from a medical condition liked to these factors. If the harassment is of a sufficient frequency and severity that the work environment is hostile or offensive, it violates the law. It is also a violation if it ends with a negative employment decision like being dismissed or demoted. The person who is doing the harassing can be anyone from an owner down to a customer or client.
With the PDA, an employer who gives temporarily disabled employees leave without pay or disability leave must give the same rights to those who are temporarily disabled because of pregnancy. Pregnancy-related issues cannot be used by the employer to determine whether or not an employee is able to work. The employer may require that the employee submit to a medical statement related to the ability to perform the job prior to granting leave or paying benefits. The Family and Medical Leave Act of 1993 gives employees who are new parents the opportunity to have 12 weeks of leave. An employee might have earned the ability to be paid during this period as well based on accrued time. This is to care for the new child. It extends to people who are foster parents or have adopted a child. Eligibility is contingent on the worker having been employed by the employer for at least 12 months. The business must have a certain number of employees.
If you have questions about PDA, FMLA and pregnancy discrimination, call (408) 993-8493 to speak to a San Jose employment lawyer at the Costanzo Law Firm.
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