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The Dolan Law Firm stands up for women who have been denied accommodations or discriminated against due to pregnancy. From modified duties to protected medical leave, California law provides clear protections for expectant mothers. If your rights have been violated, contact our pregnancy discrimination lawyers for help.
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When a woman is pregnant
and she requires
some form of an accommodation
because of her pregnancy,
where she's having
a difficulty with her pregnancy
or performing some aspects
of her job before delivery of her child,
she is entitled to request
a pregnancy disability leave.
Some of these types of conditions
are preeclampsia, eclampsia, hyperemesis,
gestational diabetes, ectopic pregnancy,
gestational hypertension, back pain,
sciatica, swollen feet,
women who are experiencing
these pregnancy-related disabilities
are entitled to receive accommodations.
Accommodation can include temporary
transfer to a less strenuous position,
having someone do heavy lifting,
sitting instead of standing,
such as cashiers, tellers,
or security guards,
the ability to take bathroom breaks.
Additionally, it can
involve time off of work.
In serious pregnancy disabilities,
often women are confined to bed rest.
This law is designed to create
such an accommodation for women
who need it to try to have
a successful healthy pregnancy.
Many accommodations
also include working from home.
An employer is not required
to create a new position.
If you have to take time off,
you're entitled to have up
to 4 months protective leave.
It's best to let your employer know
as soon as you believe
this will be the case to give them notice
to try to adjust for your absence.
While on disability,
you can use sick leave, personal time off,
or vacation pay to try to keep
your income stream coming.
During your leave,
the employer is required
to maintain your health insurance.
There are penalties for denying
accommodation, for terminating someone,
or retaliating against them for exercising
their right to pregnancy disability leave.
We have handled countless cases for women
who have been discriminated against
when they have identified to their
employer that they are pregnant
or when they've asked
for some form of accommodation.
Still, unfortunately,
we're in a male-dominated environment,
and men often perceive
that a pregnant woman
may not be able
to make the same commitment
to their job as before.
This law says that's not okay.
If someone has been
denied an accommodation, terminated,
or retaliated against,
they have the right to recover damages,
which include emotional distress,
fear, anxiety, humiliation,
as well as recovering
for any lost wages they may have.
If you or someone you know has suffered
from pregnancy discrimination,
get in contact with us
here at the Dolan Law Firm.
We've helped a number of women
through this
most difficult period of time,
and we won't stand for this type of abuse.