Articles Tagged with pregnancy discrimination lawyer

A superior court judge in Napa County has ordered a retrial in the employee pregnancy discrimination lawsuit against one of the most sought-after chefs who owns two of the most popular fine dining restaurants in the country. The defendant had been cleared last month of wrongdoing, but the victory may be short-lived. The plaintiff, who alleges pregnancy discrimination, gender discrimination and sexual harassment are rampant in the restaurant industry, will now have another chance to plead her case – in the same court with a new jury.pregnancy discrimination

As The San Francisco Chronicle reported, the trial judge agreed to plaintiff’s request for retrial, finding credence in her arguments that:

  • There wasn’t enough evidence to justify the verdict;
  • There was juror misconduct by the jury and defense counsel;
  • Some of the defense witness testimony and evidence lacked credibility.

To prevail in the case, the plaintiff needed to show it was more likely than not she was discriminated against by her employer because of her pregnancy. The judge ruled plaintiff had met that proof burden. Continue reading

Roughly 85 percent of working women will become mothers at some point during their careers. There are numerous legal protections in place to ensure they aren’t discriminated for this, including California’s rule against pregnancy-based harassment as well as the Pregnancy Discrimination Act of 1978, a federal law. And yet, pregnancy is often treated some sort of deviation from the ideal norm.pregnancy discrimination

Almost all pregnant workers will need some time away from work to attend prenatal appointments. Others will need more time off due to the need for emergency medical care. Unfortunately, too many employers all too often respond to these needs with a penalty – which is illegal. Women go to the hospital for a few days, only to learn when they return home that they’ve lost their jobs, their health insurance and sometimes, ultimately, their homes – told their pregnancy-related hospital stays amounted to “unauthorized absences” or “no-call-no-shows.”

Some of these absences are covered under the federal Family and Medical Leave Act (which allows unpaid time off for medical emergencies) but this is only applicable to companies with 50 or more workers – and employees need to have held that job for at least one year. That means 44 percent of all U.S. workers won’t have that protection. Continue reading

A former executive who worked at Netflix alleges she was terminated from her post because her superior was angered by the fact that she was pregnant and had made known her intention to take maternity leave.

In a lawsuit filed in Los Angeles Superior Court, plaintiff had been part of the team that had helped launch original international content for the streaming services company. pregnancy discrimination Los Angeles

Plaintiff is a filmmaker in her 30s who alleges that once her pregnancy became known, she was removed from key projects and other executives began to shun her.

Los Angeles pregnancy discrimination is nothing new, it is nonetheless unsettling to learn of its continued occurrence. A recent case that has garnered attention from Forbes Magazine involves The Wonderful Company, owned by a 75-year-old self-made billionaire who also happens to be a woman. According to Forbes’ exclusive report, the company – built from the ground up by a woman who started as a single mother struggling to launch her own advertising company in the 1970s – is now a thriving business with products like bottled water, juice, oranges and nuts, valued at more than $4.2 million. Now, the company is reportedly facing a pregnancy discrimination lawsuit, currently in the process of arbitration. The California wrongful termination claim comes just a few years after the same company settled a similar lawsuit five years ago. The company denies the claim. Four other employees who have not sued told Forbes the company fostered a culture hostile to employees who were pregnant and/ or parents. Los Angeles pregnancy discrimination lawyer

Plaintiff, a former marketing director who spoke to the media outlet prior to the start of arbitration, alleged she was fired two years ago while she was on maternity leave with her newborn. She had intended to take 16 weeks off from work, as allowable under the California Family Rights Act. Federal law – specifically, the Family Medical Leave Act – allows for up to 12 weeks of unpaid leave (16 if a physician confirms a mother is temporarily disabled), though state law grants more. However, she alleges she was terminated 12 weeks to the day she began her pregnancy leave.

Claimant says despite excellent prior performance reviews, her bosses began to heavily scrutinize her past work while she was on leave. She also indicated that when she was up for a promotion the year before, her supervisor flat-out asked if she was pregnant – a question that is unlawful per both state and federal statutes. She said she began to fear for her future at the company as her leave date approached, saying she’d seen it occur to other employees. The company denies the claims, but the outcome of arbitration (required by the worker’s employment contract) likely will not be disclosed either way. Employment attorneys say the case appears to involve the kind of open pregnancy discrimination women faced in the 1990s, before such legal protections were firmly in place.

Rampant pregnancy discrimination in American has meant that expectant mothers in the workforce are denied pay raises or promotions, fired before they can take their maternity leave and sometimes, in physically demanding jobs, forced to work without accommodation, putting themselves and their babies’ lives at risk.Los Angeles pregnancy discrimination

In its review of thousands of pages of court and other public records involving female workers who alleged they had gone into premature labor, suffered miscarriage or, in one case, had a stillborn baby when their bosses refused their requests for assistance. Those requests often came with physician’s notes prescribing limitations on lifting, pulling and bending. The workers asked for help with things like pushing loaded carts or pulling large boxes or flipping over heavy mattresses. In a wide range of settings – grocery stores, prisons, restaurants, pharmaceutical companies, airports, hospitals and more.

Most are shocked to learn that very often, refusal to accommodate a pregnant woman is totally legal under federal law. Only a handful of states – California being one – have special provisions that offer additional protections to expectant mothers. California law holds that companies with five or more employees is bound by protections afforded to workers in the event of pregnancy, childbirth, pregnancy loss or related physical or mental conditions. These rights include accommodation and time off work, and employers can’t fire or otherwise discrimination someone for pregnancy, childbirth or related condition. Accommodations are outlined in the California Code of Regulations, and may include modification of work duties to be less strenuous, temporary transfer to less hazardous duties, longer and more frequent breaks, private lactation accommodations and more. Continue reading

Right now, more mothers are joining the workforce than any time in history. In addition, there is a pregnancy discriminationgrowing trend of friendlier office policies geared toward families in general and mothers in particular. Why then are there still an alarming amount of cases where pregnant women report enduring discrimination and unfair treatment? The Equal Employment Opportunity Commission has collected a gradually increasing number of pregnancy discrimination claims over the years, and officials say the number is approaching a record high.

The New York Times delved into the issue recently and discovered an unsettling pattern of discrimination that still flows beneath the surface, even at large and reputable companies. Big names on the list include Walmart, Whole Foods, AT&T, and 21st Century Fox, all of which, as the article pointed out, have grand statements about being champions of women in their communications.

Women in all kinds of careers have anecdotes to share. Our employment attorneys know labor jobs can often have more blatant discrimination. Examples include refusals to allow pregnant women accommodations they need to complete their work, no leniency for breaks, refusal to adjust demands due to physical limitations, and series of micro-aggressions, like not allowing them to have water on the work floor. Continue reading

Whether you paint the room in pink or blue (or some gender neutral hue), pregnancy can still earn you a pink slip. It’s illegal, of course. As the Equal Employment Opportunity Commission (EEOC) notes, it is unlawful to treat a female applicant or employee unfavorably due to pregnancy, childbirth or a medical condition related to childbirth or pregnancy.pregnancy discrimination lawyer

The Pregnancy Disability Act, passed almost 40 years ago, prohibits discrimination on the basis of pregnancy in any aspect of employment. In situations where a woman is temporarily unable to perform job duties due to pregnancy, childbirth or related condition, the employer is required to treat her in the same way it would treat any other temporarily disabled employee – with alternative assignments, light duty, disability leave or unpaid leave.

Despite all this, employers continue to discriminate against workers on the basis of pregnancy and childbirth. They may not be as blatant about it as they were four decades ago, but it’s still happening.  Continue reading

A business in Hawaii has agreed to settle a pregnancy discrimination lawsuit filed by one of its former employees who alleged she was terminated from the company as a result of becoming pregnant. pregnant

The company agreed to pay $65,000 in a resolution announced by the state’s Civil Rights Commission, which as part of the agreement also required the company to develop and implement a non-discrimination policy, including a policy that would provide training to managers and supervisors. The commission declined to reveal the name of the business or the complainant. However, according to the Hawaii Herald-Tribune, the company discriminated against the woman after refusing to reinstate her back to her position after she was on a pregnancy-related disability leave. The company also allegedly refused her a reasonable accommodation for her pregnancy-related disability and then ultimately fired her.

Plaintiff alleges she was also subject to derogatory comments about her pregnancy and the inconvenience it would cause the firm, and these began immediately after she disclosed her condition to her supervisor. Her manager informed her there were not enough temporary employees available to cover her pregnancy-related leave.  Continue reading

A woman in Tennessee is fighting for workplace pregnancy accommodations for workers who may need temporary modifications, transfers or reassignments based on medical restrictions. pregnant

Plaintiff had been working for a local grocer for two years when, in the fifth month of her first pregnancy, she started to suffer sharp pains in her abdomen. As it turned out, the baby had dropped into her cervix. She was at risk of preterm labor, which could have serious and devastating consequences for her unborn child. Her doctor gave her a note to give to her employer, with instructions that she avoid heavy lifting. For two weeks, her employer acquiesced, allowing her to avoid carrying boxes of chicken or other supplies in the deli area. But then suddenly, after a follow-up doctor’s visit, her manager informed her that allowing such lifting restrictions was against the store policy. The 24-year-old was sent home, reeling, fearful for how she would pay her bills with a baby on the way.

She has now filed a class action pregnancy discrimination lawsuit, seeking a change in the store’s policy, which she says violates the Pregnancy Discrimination Act. Both state and federal laws do protect pregnant workers, though sometimes the interpretation gets muddled. The Tennessee Human Rights Act & Disabilities Act prohibits housing discrimination on the basis of familial status, but in the scope of employment, most pregnancy discrimination claims are filed under gender discrimination provisions. At the federal level, the Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964, and prohibits sex discrimination on the basis of pregnancy. This amendment prohibits discrimination on the basis of one’s sex – which can include pregnancy, childbirth or related conditions. Women who are affected by pregnancy, birth and related medical conditions are to be treated the same for all employment-related purposes – including those who may not be so affected but similar in their inability to work.  Continue reading

One of the largest insurance brokerage firms in the world is facing down allegations of pregnancy discrimination.pregnancy5

According to The Orlando Sentinel, this was a situation in which a pregnant applicant was offered an entry-level post, which was almost immediately rescinded once the company learned she was with child. Although the company thanked her for “telling us beforehand,” it was explained in an email that that the firm had “a very urgent need to have somebody in this position long-term.”

The woman had informed the company of her pregnancy by asking about maternity benefits almost immediately after she was hired. Less than a half hour later, she received an email rescinding the offer.  Continue reading