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Costanzo Law Firm, APC Costanzo Law Firm APC
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Our San Jose Employment Lawyer Discusses Pregnancy and Discrimination

San Jose Employment LawyerBoth federal and California law affords protections to pregnant employees and job applicants. Pregnancy discrimination occurs when a woman is treated unfavorably due to pregnancy, childbirth or some related medical condition. Additionally, a San Jose employment lawyer can explain that both male and female employees may be entitled to parenting leave due to the birth of a child.

Types of Pregnancy Discrimination

Among the unfavorable employment actions that are prohibited are:

  • Failing to hire an individual who is pregnant
  • Demoting or firing an individual who is pregnant
  • Failing to restore the same or similar job to an individual who returns from a leave taken due to a pregnancy
  • Failing to treat an individual who is pregnant in the same way one might treat other employees

The Employer’s Intent

An important consideration in pregnancy discrimination cases is that the employer need not be acting out of animosity against the pregnant employee; a San Jose employment lawyer understands that some employers are seeking to protect the worker, yet violate the law in that endeavor. An employer cannot compel an employee to take a leave, for instance, as long as the worker can perform the primary functions of the job.


Both male and female employees are entitled to up to 12 weeks of leave due to the birth of a child if the worker has been employed for 12 months and the employer has a specified number of employees. When returning from the leave, the same or similar job and working conditions must be offered.


An employer cannot retaliate against an employee who asserts her rights in complaining of pregnancy discrimination or in taking a maternity leave.

Contact a San Jose Employment Lawyer for Legal Advice

Although the typical employer/employee relationship is weighted in favor of the employer, you, the worker, have rights. If you believe you have been discriminated against or your company has treated you unfairly, call the Costanzo Law Firm, APC, a San Jose employment lawyer at 408-993-8493.

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