Tackling-Workplace-Discrimination-During-Pregnancy-or-Childbirth-ASM-Lawyers.jpg (2149×1159)Pregnancy involves many personal choices. Whether or not you get to keep your job should not be one of them. Thankfully, there are legal parameters in place that protect pregnant women, established by the Supreme Court through the Pregnancy Discrimination Act. Each state has interpreted the PDA in their own way, so how it is applied in the fine print may vary from state to state. That is why professional legal council may be necessary.

The Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964 that clarifies the rights of pregnant women in the workplace. The PDA discusses the rights of employment for pregnant women related to hiring, firing, promotion, pay, and general benefits. The rights of women are protected for their current pregnancy, or even if they intend to become pregnant in the future. They are also protected from any medical conditions that arise related to past or current pregnancy.

The PDA ensures the rights of pregnant women to maintain their employment status, and protects them from essentially being punished in their job or their career as a result of their pregnancy. It is never acceptable for a woman to feel that their job security is threatened because of their pregnancy status.

Can I Get Fired or Reassigned for Being Pregnant?

No. Your employer is not allowed to terminate your work contract or reassign you on the basis of your pregnancy. Even during the progression of your pregnancy, your employer should allow you to continue to work as long as you are able to do so.

Does Being Unmarried and Pregnant Alter My Rights?

No. Your married status has no bearing on your rights as a pregnant woman in the workplace. All the conditions of the PDA apply to you regardless of whether you are married or not.

How Long Does My Employer Have to Hold My Job While I’m On Maternity Leave?

This depends on your employer. Essentially, the time you are given for maternity leave should be equivalent to the length of time that an employer would hold a position for someone who has taken leave for a medical issue or a temporary disability. If you are unsure of what this length of time is, you should consult your HR department for clarification.

I Think I Was Overlooked for Promotion Because of My Pregnancy. What Do I Do?

Being overlooked for a promotion should old be related to the typical factors of merit and seniority within a company. If you believe that you have been overlooked for promotion because of your pregnancy, or you know that you’ve been discriminated against in any of the other aforementioned ways, it may be time to consider taking legal action.

Can I Be Fired If I File a Legal Complaint?

No. It is illegal for you to be fired for filing a legal complaint against your employer under the earnest belief that they have violated the Pregnancy Discrimination Act. If this has happened to you, you should not hesitate to continue pursuing legal council.

Should I Take Legal Action? How?

Pregnancy comes with many added pressures. You are already juggling all of the questions, preparations, and uncertainties that all revolve around your new baby. You should not have to worry over your job security as well. This is not merely a matter of principal–it is according to the law.

If you are considering taking legal action, then the professional legal team at Aiman-Smith & Marcy is well-equipped to assist you. We can help you understand your rights, hear your story, and clarify your options moving forward.

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Lisseth Bayona

Attorney

Education and Background

I am a Los Angeles native and daughter of Salvadorian immigrants. From an early age, my parents instilled the value of hard work and education in me and my two siblings. Their perseverance enabled each of us to graduate from college and earn professional degrees.

My interest and commitment to workers’ rights have roots in my parents’ experiences as undocumented workers in Los Angeles. Witnessing the challenges they faced inspired me to pursue a career where I can help individuals confronted with similar struggles. To help someone in those moments is very satisfying. I love connecting with people and learning about their stories. I believe that dignity in the workplace is a right of all workers, not a convenience or privilege reserved for employees of a certain race, gender, age, sexual orientation, or gender identity.

Legal Experience

I received my J.D. from the University of Southern California (USC) Gould School of Law. While there, I served as a judicial extern to the Honorable Patrick J. Walsh of the United States District Court for the Central District of California, where I drafted a criminal judicial opinion. Also, while at Gould, I served as an extern for the U.S. Attorney’s Office for the Central District of California. As a Criminal Division Extern, I had the opportunity to work closely with a trial team of Assistant U.S. Attorneys on a money laundering case which further sparked my interest in litigation.

Personal Interests

In my free time, I enjoy urban vegetable gardening, traveling, and spending time with my nephew and niece. I also love to spend time at San Onofre Beach learning to surf, although admittedly, I am not very good.

Education

 

Hallie L. Von Rock

Attorney (SBN 233152)

Education and Background

I moved to the Bay Area from Washington after graduating high school. I had been accepted to UC Berkeley through a program where I could defer for two years while getting my California residency and attending community college, which was significant since I was paying for college on my own. I began working for Randall Aiman-Smith and Reed Marcy in 1996 as an office manager while taking night classes. My first foray into the legal world was soon after starting at the firm when I was ready to transfer to UC Berkeley. Rather than accepting my resident status, the Board of Regents took the position that California residency required a student to be in California “two calendar years.” Randall and Reed took up my case with the same verve as they helped their actual clients and I got the chance to comb through the UC Berkeley library to read their codes and regulations to support my position. In that experience, I learned what is was like to feel helpless against a big organization and then to have dedicated attorneys in my corner to take up my cause.

After a break to pursue my major in art history, I went to UC Hastings College of Law and continued working with Randall and Reed. Having worked together now for over 25 years, we have a unique ability to work collaboratively and finish each other’s sentences. I have strived throughout my career to make a difference in the lives of our clients. At the end of the day, if I am helping someone to get compensation for losses they suffered, then I know that all the work put into a case has been worth it.

Legal Experience

I have extensive experience in civil litigation and class action cases, including conducting discovery and depositions, calculating damages analysis, preparing motions for certification, writing appellate documents, and overseeing claims administration. We have handled several class actions against retailers where plaintiffs claimed they were forced to purchase clothing to wear to work and were not compensated for these purchases, including against Abercrombie & Fitch, Hugo Boss, Armani Exchange, Uniqlo, Dollar Tree, and Ross. Recently, I was trial counsel in a defamation claim against Bank of America on behalf of a former employee who claimed the Bank blacklisted her with future employers. The jury found Bank of America liable, including for punitive damages.

Personal Interests

Aiman-Smith & Marcy has sponsored me in the Boston Marathon and New York Marathon. When I race, I often wear a “Rockstar Ronan” shirt to support research for childhood cancer through The Ronan Thompson Foundation.

Education

University of California, Berkeley, B.A., 1999

Hastings College of the Law, University of California, J.D., 2004

Randall Aiman-Smith

Abogado (SBN 124599)

Aiman-Smith & Marcy. Oakland consumer fraud attorneys.

Educación y antecedentes

Fui afortunado. A pesar de no haber terminado la escuela secundaria o la universidad, pude -aunque con mucho trabajo- ser admitido y sobresalir en una de las mejores escuelas de derecho del país: La Facultad de Derecho de la Universidad de Berkeley. Mientras estuve allí, tuve el privilegio de ser editor de la California Law Review y miembro del Moot Court Board, asesorando en la redacción de escritos y en la defensa de apelaciones a otros estudiantes. Después de salir de la escuela de derecho, en mis primeros años de práctica, enseñé la escritura legal y la defensa de apelación en la Universidad de California, Hastings College of the Law. También, a lo largo de los años, he sido presentador en eventos de educación legal continua.

Experiencia legal

He sido abogado durante 35 años. He dedicado mi práctica exclusivamente a representar a empleados, consumidores e inversores en los tribunales estatales y federales de primera instancia y en los tribunales de apelación. Me gusta ir a los tribunales por mis clientes y he llevado muchos casos con jurado en los tribunales estatales y federales.

¿Ejemplos? En 2010, fui la abogada principal, junto con los otros abogados del bufete, en el caso Williams v. Union Pacific Railroad donde, después de cuatro años de preparación, el bufete obtuvo un veredicto del jurado de 1.670.000 dólares para una empleada afroamericana. En Rivero v. Surdyka, fui el abogado principal en el juicio y la apelación de un caso de derechos civiles que duró 15 años, incluyendo un juicio completo y tres apelaciones al Noveno Circuito, concluyendo finalmente con una sentencia para los demandantes de más de 2.300.000 dólares. Estos casos ilustran el lema del bufete: compromiso – resultados. Hay que comprometerse con un caso, a veces durante mucho tiempo, para obtener el resultado que el cliente merece.

No siempre ganamos en el juicio. Cuando eso ocurre, el compromiso significa llevar el caso al siguiente nivel y recurrirlo. En el caso Rivero, antes mencionado, eso fue lo que ocurrió: el tribunal desestimó el caso -habíamos perdido- pero apelamos y conseguimos una victoria para nuestros clientes que mantuvimos a través de dos apelaciones más. Desde entonces, el bufete ha conseguido muchas victorias en apelación que reivindican los derechos de los empleados y los consumidores.

A lo largo de los años he sido abogado de los demandantes en numerosos casos individuales y acciones colectivas. Puede sonar cursi, o difícil de creer, pero después de todo este tiempo, y después de todas las grandes experiencias que he tenido, mi parte favorita de ser abogado es cuando consigo dar un cheque a mi cliente.

 

Educación

Facultad de Derecho, Universidad de California, Berkeley, J.D., 1986