Archives for March 1, 2021

Becoming pregnant is an exciting, but often very person and sensitive matter as well.

Understandably, many employees who become pregnant may wonder when they should tell their employers or if they are legally required to do so. The reality for many is that an employer will notice the pregnancy sooner or later, but rest assured there is no legal requirement to inform your employer of your pregnancy as soon as you become aware of it.

That said, there are two very important circumstances under which you will have to disclose your pregnancy to your employer: when you need to request reasonable accommodation and when you need to request maternity leave.

Requesting Reasonable Accommodation

During the course of your pregnancy, it may become apparent that you require reasonable accommodation to perform your job. This can include a parking space closer to the office, more or longer rest breaks, changes to your workstation, and anything else that would help you perform your essential job duties.

Federal and state law protects you against retaliation and harassment for requesting such reasonable accommodation, but you will need to tell your employer about your pregnancy in order to do so. Your employer may even need a note from your doctor to verify your pregnancy and the need for the type of requested accommodation.

Requesting Maternity Leave

At some point before or after childbirth you are likely going to want to take some maternity leave.It’s at this time that many pregnant employees in California request pregnancy-related disability leave and receive up to four months of unpaid leave, typically encompassing childbirth and several weeks or months after. Alternatively, employees can qualify for up to 12 weeks (three months) of pregnancy leave through the federal Family Medical Leave Act.

When requesting either type of leave, however, disclosing your pregnancy to your employer is inevitable.

Conclusion

Although you are not legally obligated to tell your employer anything about your pregnancy, you may have to as a matter of course when requesting accommodation and leave. You do not have to fear doing so, however, because it is illegal under federal and state law to retaliate, harass, or discriminate against a pregnant employee – especially when they request protected leave or accommodation.

If you believe you have been discriminated against because of your pregnancy status, get in touch with our attorneys at Haeggquist & Eck, LLP. We offer a free consultation that you can use to tell us about your situation and learn more about legal options that can help you recover what you deserve.

For more information, connect with us online or by calling (619) 342-8000.

The Age Discrimination in Employment Act was signed into law in 1967. This groundbreaking piece of legislation provided a vital step forward in protecting workers against discrimination and harassment because of their age.

Specifically, the law protects people who are 40 years old or older against mistreatment and adverse employment actions based solely on their age. Although age discrimination has been unlawful for more than 50 years, age discrimination is still a very real and prevalent problem in workplaces across the United States.

Employers that do engage in age discrimination may harbor a bias that older workers aren’t able to perform certain duties or adapt to new technologies as younger workers. As a result, they may try to edge older employees toward retirement or terminate them outright.

There are some telltale signs that you may be a victim of age discrimination. If you have experienced one or more of these, consider reaching out to an attorney at Haeggquist & Eck for a free consultation:

1. Your Employer is Calling You Names Based on Your Age

The most obvious sign that your employer is discriminating against you because of your age is if your employer calls you names based on your age, such as geezer, boomer, or makes other comments based on your age.

2. Your Employer Continuously Asks You When You Are Retiring

If your employer continuously asks you when you are retiring, or tries to encourage or force you to retire, this can be another sign of age discrimination.

3. Your Employer Comments About Your Inability to Do Your Work Because of Your Age

If your employer comments that you are not performing as well, or not able to do your work duties because of your age, this may be a sign of age discrimination. e.

4. Your Employer Is Firing Other Older Workers

If your employer is firing older workers, or encouraging them to retire, and deliberately replacing them with much younger employees, this could be a sign of age discrimination.

Think You Are a Victim of Age Discrimination? We Can Help.

Haeggquist & Eck, LLP can provide legal assistance to employees who believe they are victims of age discrimination. As advocates for workers who experience all forms of discrimination, we recognize the need for those who have been discriminated against based on age to pursue legal action against employers who violated their rights.

We are Southern California’s preeminent law firm for employment rights and our lawyers can advocate on your behalf. Learn more about what we can do for you by reaching out to us for a free initial consultation.

Get in touch with us online or call (619) 342-8000 today to receive a free consultation to discuss your situation.