How Can a Pregnancy Discrimination Lawyer in San Jose Help You?
Experiencing discrimination and taking legal action is stressful enough without factoring in a pregnancy. The right pregnancy discrimination attorney will help guide you through the legal process, handling each aspect of your case to take the pressure off your shoulders.
During your initial consultation, your lawyer will evaluate the strength of your case and outline your next steps. They will then gather and review all relevant evidence to build a strong case and prove your claims. Your attorney will handle all communications with your employer and negotiate to secure the best possible outcome for you — and if they won’t give you what you deserve, your lawyer will pursue a lawsuit and fight in court.
When Do You Need a Pregnancy Discrimination Lawyer in San Jose?
You should consider speaking with a San Jose pregnancy discrimination attorney if you’ve experienced unfavorable treatment at work based on your pregnancy status or intention to have children in the future.
Under the federal Pregnancy Discrimination Act of 1978, the sex-based discrimination and harassment protections of Title VII of the Civil Rights Act of 1964 extend to pregnancy status, childbirth, and related medical conditions. This means:
- An employer cannot refuse to hire you because you are pregnant. Asking a job applicant whether they are pregnant or intend to have children could qualify as illegal pregnancy discrimination.
- Your employer cannot make employment decisions based on your pregnancy. Terminating you, cutting your hours, passing you over for a promotion, or giving you unfavorable assignments because of your pregnancy is illegal.
- Your employer cannot allow harassment based on your pregnancy. If your coworkers or manager create a hostile work environment by bullying you about your pregnancy, your employer can be liable for failing to stop it.
If any of these experiences sound familiar, you may have a pregnancy discrimination case.
How Do You Prove Pregnancy Discrimination in San Jose?
To make a valid pregnancy discrimination claim, you’ll have to gather enough evidence to prove a link between your pregnancy and the unfair treatment you experienced. Important types of evidence that can help support your claim include:
- Written messages and records, including emails and performance reviews
- Your own contemporaneous notes documenting incidents of discrimination
- Statements from witnesses
- A timeline of events showing how you were treated differently after your employer learned of your pregnancy
- Copies of company policies and procedures that were violated
Gathering evidence and building a strong claim can seem overwhelming, but an experienced employment lawyer can walk you through the process and help ensure you have everything you need to succeed.
Types of Compensation You Can Recover for a Pregnancy Discrimination Claim
The damages you can receive in a pregnancy discrimination case depend on exactly what you experienced and how it impacted you. Some types of available compensation include:
- Back pay for lost wages and benefits
- Reinstatement to your previous position, or “front pay” for lost future income if that’s unreasonable
- Non-economic damages, such as emotional distress and psychological harm
Punitive damages may also be available in rare cases where your employer has committed particularly serious misconduct.
What Are Your Rights as a Pregnant Employee Under California Law?
California law contains strong protections for pregnant workers, building upon and expanding those provided by federal law:
- California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable workplace accommodations for pregnant employees.
- The FEHA also provides similar employment protections to the Pregnancy Discrimination Act, applying to all companies with five or more employees — whereas the federal law applies only to those with at least 15.
- Other California laws entitle workers to up to four months of leave for pregnancy-related disabilities and up to 12 weeks of unpaid time off for post-birth care and bonding.
What Are Common Examples of Pregnancy Discrimination in San Jose?
Pregnancy discrimination can happen anywhere, in any type of business. Some examples of pregnancy discrimination that could take place in San Jose include:
- A software engineer at a North San Jose tech company excitedly shares her pregnancy news with her delighted coworkers. However, her manager terminates her shortly after for “performance issues” that weren’t identified on a previous job review.
- A nurse at a healthcare facility in Downtown San Jose makes a request for reasonable accommodations to help her continue to work during her pregnancy, but her employer rejects it.
- A retail employee in East San Jose notices that her manager significantly reduced her hours after she disclosed her pregnancy.
- Shortly after disclosing her pregnancy, a marketing professional at a corporate office in San Jose is passed over for a promotion in favor of a less-qualified candidate.
Why Choose Our San Jose Pregnancy Discrimination Lawyers?
At Venardi Zurada, winning is personal. We’re hometown lawyers living and working in the Bay Area, and we want to give back to the community we love. We’re ready to help you when you need it most.
Here’s what sets our firm apart from the rest:
- A proven track record, including decades of winning battles and righting wrongs.
- Over $100 million in compensation secured for our clients.
- Award-winning attorneys recognized by Super Lawyers, National Trial Lawyers, Best Lawyers, and more.
- Compassionate, client-centered representation.
- Free, confidential consultations.
- No recovery, no fee.
"Expert Negotiators, Genuine Care"
I am very thankful to have been represented by VZ Law Firm for my employment settlement. They did their best to negotiate a reasonable settlement amount for my case. I also felt very cared for by everyone I interacted with at the firm throughout the process. Highly recommend.
Natnael D.
"I had an excellent experience with this law firm."
From the very first consultation, the team was professional, attentive, and genuinely committed to helping me achieve the best possible outcome. They explained every step clearly, kept me informed throughout the process, and responded promptly to my questions. Their expertise and dedication gave me complete confidence during a stressful time. I highly recommend this firm to anyone looking for knowledgeable, reliable, and compassionate legal representation.
Rob F.
"I highly recommend Venardi Zurada."
They are kind and most importantly professional. They are a hard working team and it is very much so reflected by the way they communicated with me throughout the process. Thank you again!
Mariana M.
Schedule Your Free Consultation With Venardi Zurada Today
If you’re experiencing pregnancy discrimination in San Jose, an experienced attorney can help you collect the strong evidence you need to prove your claims and get the compensation you deserve. Contact us online or call 833-893-6763 today to schedule a free, confidential consultation with our trusted San Jose pregnancy discrimination lawyers and explore your legal options.
Pregnancy Discrimination Frequently Asked Questions
Can I Be Fired for Being Pregnant in San Jose?
No, it is illegal under both state and federal law to fire an employee for being pregnant.
How Long Do I Have to File a Claim in California?
You generally have up to three years after experiencing discrimination to file a claim with the state’s Civil Rights Department, but you may have as little as 180 to 300 days to file a complaint under federal law.
How Much Is a Pregnancy Discrimination Case Worth?
The value of your pregnancy discrimination case can vary greatly depending on the unique circumstances involved. Our experienced San Jose pregnancy discrimination lawyers can help estimate your potential damages.
Can My Employer Reduce My Hours Because I Am Pregnant?
No, it is illegal to reduce an employee’s hours or make other unfavorable employment decisions based on pregnancy.
Can I Be Forced to Take Unpaid Leave While Pregnant?
No, your employer cannot force you to take unpaid leave because of your pregnancy. It must first provide reasonable accommodations to allow you to continue working, or it can place you on disability if you are fully unable to perform the essential tasks of your position.
