The law offers protections for pregnant women from discrimination in the workplace. If you are pregnant or planning to become pregnant, knowing the signs of this kind of discrimination can help you ensure that your rights are being respected. If you do encounter a problem, contact a labor rights attorney in San Jose, CA , for assistance. An employment law attorney can evaluate your case and help you decide what steps to take next. Here are some of the signs that your employer could be engaging in pregnancy discrimination.
You were fired after becoming pregnant.
Being fired while you are pregnant is not always an indicator of discrimination, but if your pregnancy was all or part of the reason for your dismissal, you could have a wrongful termination lawsuit. No employer can fire a woman for being pregnant, even if he or she thinks that the job could be dangerous for the mother-to-be. In almost all cases, decisions about safety on the job for pregnant women are to be made solely by the woman and her doctor. Your labor rights attorney can help you determine if your pregnancy was the cause for your termination and if you can mount a legal case against your employer.
You didn’t get a job because of your pregnancy.
Employers cannot refuse to hire women just because they are pregnant when they apply for the job. Employers are also not allowed to not hire a woman because she may become pregnant in the future or skip over her for promotions in the workplace because she may become pregnant. A potential employer cannot ask you about your plans to become pregnant in the future as part of the interview process.
You aren’t receiving special accommodations.
Pregnancy is not a disability, but if you have complications during your pregnancy that affect your ability to work, your employer may be required to provide special accommodations to allow you to do your job. This is true if your company provides these accommodations for other employees with short-term medical needs, such as someone recovering from a heart attack who needs a less physically demanding job during his or her recovery. If your company has policies that allow for these accommodations for other medical needs, they may provide them to you for pregnancy complications as well.
Workplace discrimination can take many forms, from harassment because of age, religion, or gender to wrongful termination. A number of federal, state, and local laws protect you from being victimized by discrimination in the workplace, so if you feel that you have been a victim, bring your complaint to an employment rights lawyer in San Jose, CA , to see what your options are. Here is a look at the steps you can take if you believe you have been targeted for discrimination in the workplace.
Tell Your Employer
The first step in dealing with workplace discrimination is telling your employer what is happening. Your company may have specific protocols for reporting discrimination incidents, and if they do, you should follow them. Demand that a written report is made every time you tell your employer about a discriminatory incident to demonstrate that you expect your rights to be protected and to create a paper trail of your efforts to confront the issue. If your direct boss is the one who is doing the discriminating, consider going above his or her head to make your complaint. If there is no supervisor to go to, you may wish to go directly to an employment rights lawyer.
Document the Incidents
If ongoing discrimination is happening in your workplace, keep a diary of all of the incidents. Note the date, time, what you were doing, who was involved in the discrimination, and who may have witnessed the incident. If you are targeted with pictures or other objects that are meant to harass you or intimidate you, keep them, as they may be useful in your case. You can also take photos of where they were left for you to find and note if other employees were able to see them.
Contact an Attorney
An employment rights lawyer can be instrumental in ending the discrimination in your workplace and helping you get compensation, if appropriate. Your attorney can also review your case and determine how the law applies to the incidents you have experienced. Because workplace discrimination can be an emotionally trying experience, an attorney can be helpful in sorting through the events objectively to build an effective case.
Although employers have a fair amount of latitude for firing employees, there are reasons that are not legally acceptable for ending someone’s employment. When employees are fired for one of these unlawful reasons, it is called wrongful termination . Because of the complexities of wrongful termination cases, it can be helpful to contact a labor rights attorney in San Jose, CA, to evaluate your case if you think it has happened to you.
There are many different causes for termination that are not allowed under the law. You cannot be fired for your age, gender or gender identification, or religion. Your employer is also not allowed to fire you for your political views, for becoming pregnant or planning to become pregnant, or because you have physical or emotional disabilities. Furthermore, your employer cannot terminate you for taking family medical leave to which you are entitled. Other causes of termination can also be unlawful, so if you think your employer has violated your rights, talk to a labor attorney, who can review your circumstances and decide what steps to take.