Why Choose Zakay Law Group?
The Right Firm Makes a Difference
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Aggressive Representation for California EmployeesWe are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
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Proven Track Record of SuccessOur team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
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Free Consultations AvailableAt Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
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Personalized Service, Powerful ResultsAs a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.
Legal Protections Against Pregnancy Discrimination in San Diego & California
The Pregnancy Discrimination Act (PDA) is a federal law that protects against discrimination based on pregnancy, childbirth, or related medical conditions. This legislation amends Title VII of the Civil Rights Act of 1964, mandating that pregnant employees receive the same treatment as other employees who are similar in their ability or inability to work.
The Family and Medical Leave Act (FMLA) also provides eligible employees up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, including childbirth. The California Family Rights Act (CFRA) offers protections similar to the FMLA, ensuring that state law aligns with and extends the protections offered at the federal level.
Understanding “Related Medical Conditions” in Pregnancy Discrimination Laws
Under the above laws, employers must treat pregnancy and related medical conditions like any other temporary disability pertaining to employment and benefits.
These conditions can include anything medically related, such as:
- Gestational diabetes: A form of diabetes that develops during pregnancy and can affect the health of both the mother and the baby.
- Preeclampsia: A pregnancy complication characterized by high blood pressure and signs of damage to other organ systems, often the kidneys.
- Postpartum depression: A type of mood disorder associated with childbirth, affecting both emotional and physical well-being.
- Miscarriage: The loss of a pregnancy before the 20th week, which can have both physical and emotional impacts.
- Lactation and breastfeeding needs: Conditions related to the need for time and space to express breast milk.
These laws ensure that employees experiencing these conditions receive appropriate accommodations and are not discriminated against in the workplace.
Pregnancy Discrimination Manifestations in the Workplace
Pregnancy discrimination can occur in many ways, such as:
- An employer refusing to hire a qualified applicant simply because they are pregnant or planning to become pregnant.
- An employer denying a pregnant employee the same opportunities for training or advancement as other employees.
- An employer firing an employee because of pregnancy-related absences or refusing to provide reasonable accommodations for pregnancy-related conditions.
- Derogatory remarks or offensive jokes about an employee’s pregnancy and body appearance.
- An employer pressuring a pregnant employee to take unpaid leave before they are ready.
- An employer treating an employee as less competent due to their pregnancy status.
Childbirth or Medical Condition Discrimination
Discrimination linked to childbirth or specific medical conditions can involve denying time off for related medical appointments or recovery from childbirth. Employers might also unlawfully terminate or demote an employee after returning from maternity leave, citing their inability to perform job duties fully.