Explaining Pregnancy Discrimination

San Diego Employment Lawyers
Explaining Pregnancy Discrimination

The entrance of women as accepted members of the workforce in the United States over the past generation has been a phenomenon that has brought innumerable positive effects to everyone involved. Women have shown to be just as capable and dedicated as any other professional, and despite all of these advances, there are still women who are being wronged for a reason they cannot avoid – they get pregnant. Anyone who has been mistreated in a professional sense because of a pregnancy must seek the help of experienced San Diego employment lawyers, and below is a brief overview of the issue.

Pre-Employment Pregnancy Discrimination

Unfortunately, there are many women who will attempt to hide the fact that they are pregnant during an interview process because they are afraid that they will not be hired because of it. This is not an unreasonable approach even though it may seem as such, because there are employers who will refuse to hire a qualified candidate in hopes of avoiding a prolonged absence and paying benefits that are required under law. Simply put, refusing to hire someone because of a pregnancy can bring a legal action.

Pregnancy Discrimination during the Course of Employment

Most people understand that many different things can go wrong during a pregnancy. When this situation arises and the woman becomes disabled as a result, there are laws in place to protect her. Generally, a woman can take up to four months of Pregnancy Disability Leave, and if that leave is denied or if she is terminated because of this condition the employer could be held liable for damages.

In addition, there are people who are eligible for time off based on the tenets of the Family and Medical Leave Act, or FMLA. Generally, this federal law requires all employers with more than 50 employees to provide up to 12 weeks of unpaid temporary leave as long as the employee has worked at least 1,250 hours for the employer during the previous year and has been employed for 12 months. In addition, the worker is supposed to have the position left behind restored when that person is able to return to work.

Unfortunately, pregnancy can become a difficult issue for people to handle, and this is especially so when employers violate the law. If you or someone you love has been harmed because of pregnancy discrimination, you need to contact the San Diego employment lawyers at Mitchell | Gilleon today to schedule a free initial consultation.