Pregnancy Medical Leave – Case Example

Pregnancy Discrimination Case Example

Vero is a young woman who experienced shocking pregnancy and disability discrimination at work. When she went on a temporary disability leave due to pregnancy complications, she was written up for falling behind on her work while on leave!

To add insult to injury, Vero’s employer ordered her to work overtime to make up for the disability time she missed, when her medical condition would not allow her to. The overtime forced on her made her medical condition worse!

Vero then complained in writing that her being written up for missing time off of work was retaliation and complained to the DFEH. One month later she was fired while she still had 9 days left on her disability leave note and 40 days before she was supposed to give birth.

We obtained justice for Vero for her employer’s despicable and outrageous wrongful termination.

If you believe you have been wrongfully terminated, retaliated, or discriminated against based on a protected category such as pregnancy, disability or medical condition, give us a call at 310-400-5891 for your free consultation.

Learn more about Disability Leave / Medical Leave Law

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University of Texas Professor Wins $3M Pregnancy Discrimination Lawsuit

Professor Pregnancy Discrimination News

University of Texas at Austin engineering professor, Evdokia Nikolova, has been awarded $3 million by a jury for being discriminated against based on sex and pregnancy when she applied for tenure. 

Nikolova had worked for nearly five years at UT-Austin and two years at Texas A&M University, when she applied for tenure for the 2018-2019 academic year. Despite being unanimously approved for tenure by the School of Engineering, UT-Austin dean of engineering school Sharon Wood denied her tenure stating that Nikolova did not have the seven requisite years of teaching, which professors typically have when requesting tenure.

Wood argued that Nikolova was making the request too early because she had taken a “probationary extension” and ”modified instructional duty” for pregnancy and childbirth during 2015-2016 and therefore had not yet met the seven years.

Under various state laws like California’s Fair Employment and Housing Act, employees cannot be punished for taking pregnancy or medical/disability leave.  

Nikolova filed the lawsuit against UT-Austin in 2019. The lawsuit showed how there continues to be discrimination against women and mothers in the workplace. Evidence showed that since Nikolova’s first university interview, nine male professors had received tenure while both women who applied for tenure during the same period were denied. The lawsuit also highlighted the importance of pointing out discrimination in influential institutions like UT-Austin, as it deters other institutions from thinking that discrimination can go unchecked.

The University denied any unfair treatment of Nikolova, but stated it will look to improve processes and implement steps to comply with the verdict.

Learn more about Medical Leave / Disability Law

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Shirazi Law Firm Announced as a Top Los Angeles Employment Law Firm by UpCity! 

Shirazi Law Firm is announced as Top Employment and Labor Law Firm in Los Angeles and Nationally according to upcity

Shirazi Law Firm is thrilled to officially announce that we have been recognized as one of the top employment and labor law firms in Los Angeles and nationally by UpCity! 

From wrongful termination to discrimination to harassment, we handle all types of employment law cases. We have helped past clients achieve significant results against some of the world’s biggest companies, ensuring that California’s workers are never taken advantage of. This is only one reason our Los Angeles-based firm has been recognized by UpCity as not only one of the best employment and labor law firms in Southern California but also nationally in the United States

UpCity is a resource that helps connect businesses to service providers they can trust. With more than 70,000 listed providers—from marketing agencies to accounting firms to HR consultants to IT specialists, and many more—2 million businesses (and counting) have visited UpCity to research and identify the best partner for their needs. 

Dan Olson, CEO of UpCity, had this to say about the Shirazi Law Firm team: 

“When it comes to labor and employment cases, you need the right attorney behind you. The Shirazi Law Firm has proven time and time again that they’re one of the best employment law firms in California and the country as a whole.” – Dan Olson, CEO, UpCity 

This recognition has been driven in large part by our perfect 5-star UpCity review rating Here are a few of our favorite pieces of feedback we’ve received from our amazing customers: 

· “I could not have hired a better pregnancy discrimination lawyer than Emanuel Shirazi and team. Mr. Shirazi’s skill, passion, heart, patience and tenacity led to me getting an amazing 7 figure result. If you are looking for an employment lawyer in Los Angeles or anywhere in Socal, he is your guy hands down 100%” – Julie Vas 

· “Emmanuel did an amazing job on my case! He was very involved and communicated throughout the entire process. He made sure I was comfortable with the decisions and negotiated the best results! I have already recommended two of my friends to him. You are making the right choice choosing Shirazi Law Firm!” 

We’d like to thank UpCity for recognizing us with this tremendous honor. It’s truly incredible to be amongst such incredible firms in the UpCity community.

 

Learn More About Shirazi Law Firm’s Owner and Attorney Emanuel Shirazi

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Pregnancy & Disability Leave – Case Example

Pregnancy / Disability Leave

Dalia is a young woman who had consistently performed well at her job. Dalia became pregnant and took a pregnancy leave because of her medical condition. She regularly kept in contact with her employer at all times. She provided doctor’s notes to her employer that she was disabled because she suffered from post-partum depression.

But, out of nowhere, Dalia was suddenly and callously fired the day before her one year work anniversary.  Her employer thought that by terminating her before her 1 year work anniversary, they would be home free to terminate her because California’s Family Rights Act would not apply.  But, they failed to realize that she was protected from their discrimination by other California laws, including the Fair Employment and Housing Act.  

Dalia’s employer unlawfully used her pregnancy and medical condition against her, and terminated her employment to avoid dealing with her medical and parental needs.

If you believe you have been wrongfully terminated based on a protected category such as pregnancy, disability, or a medical condition, or been denied medical leave, give us a call at 310-400-5891 for your free confidential consultation.  

Learn more about Medical Leave / Disability Law

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Even More Sexual Harassment Allegations Against Former Fox News Chairman Alies

The nightmare for former Fox News CEO Roger Ailes, is still not over. New sexual harassment accusations against Ailes have recently surfaced, nearly six months after Fox paid out $20 million to settle one sexual harassment case. Curanaj’s suit is not against Ailes or Fox News, but against the New York Fox TV Station she worked for. Curanaj is alleging gender, age, race and pregnancy discrimination.

Here is what we know about the recent complaint:

  1. Lidia Curanaj alleges that Ailes offered her an interview to join the Fox News Network after meeting in 2011. 
  2. Ailes offered Curanaj a private interview after completing her group interview. 
  3. Ailes told her to stand up and turn around for him, claiming that it was important for females in the industry to look good. 
  4. Ailes allegedly asked someone from Curanaj’s past if she “put out.” When the man told her that she probably wouldn’t, Curanaj did not get the job. 
  5. After Curanaj was denied the promotion, she complained to the station’s news director. It was then that he told her she wasn’t pretty enough to be on the air.

Though Ailes’ attorney couldn’t be reached, a spokesperson for Fox TV Stations released a statement alleging that Curanaj’s claims lack merit. More than two dozen women have come forth alleging sexual harassment against Ailes including former anchor Gretchen Carlson.

What do you think of all these allegations?

image by Marius Boatca

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The Equal Employment Opportunity Commission Declares Pregnancy a Disability Requiring Light Duty Accommodations

As of July 14, 2014, the Equal Employment Opportunity Commission released a guidance that instructs employers to provide light duty accommodations to pregnant employees, even if they don’t suffer from any other underlying medical conditions. The decision is the result of an increase in pregnancy-related discrimination complaints in the last few years.

Before the most recent guidance, employers were instructed to treat pregnant employees the same as non-pregnant employees. Under the new guidance however, employers are encouraged to provide light duty accommodations to pregnant employees.

There is plenty of controversy surrounding the EEOC’s latest guidance. Not only does the guidance violate the Pregnancy Discrimination Act but could also violate the Pregnancy Workers Fairness Act which is currently pending in Congress.

Should an employer have to implement a light duty program for pregnant women, much like they would do for those with work-related injuries or conditions?  Or should it depend on the specific pregnant woman’s situation? Let us know your thoughts in the comments below. 

*image by Frank de Kleine, Flickr

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Oprah Winfrey’s TV Network Sued for Employment Discrimination & Wrongful Termination in Los Angeles

Oprah Winfrey’s TV network OWN is one of the latest celebrity owned companies sued for wrongful termination and discrimination.  Former employee and Senior Director Carolyn Hommel filed suit against OWN in Los Angeles Superior Court.  Hommel alleges she was replaced by a temporary employee after going on pregnancy leave.

A month after giving birth, Hommel alleges that OWN “laid her off” after she had already been demoted and given an undeserved bad review.

Under California law, most employers are not allowed to discriminate or retaliate against an employee for taking pregnancy or disability leave.  The question is did OWN fire Hommel for other reasons.

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Price is Right Model Gets $8.5 Million Award for Pregnancy Discrimination

“The Price is Right” has been hit with an $8.5 million jury verdict for pregnancy discrimination against former “Barker Beauty” model Brandi Cochran.  The 41 year old former Price is Right model says that she was not allowed to return to work after her maternity leave in violation of California law.

The Los Angeles jury determined the former model’s pregnancy was the reason she wasn’t rehired and awarded Cochran $776,944 in regular damages and $7.7 million in punitive damages.  In their defense, producers FremantleMedia North America and The Price is Right Productions said they were satisfied with the five models working on the show at the time Cochran sought to return.

“I’m humbled. I’m shocked,” Cochran said after the jury announced its verdict. “I’m happy that justice was served today not only for women in the entertainment industry, but women in the workplace.”

The producers will appeal the verdict stating: “We believe the verdict in this case was the result of a flawed process in which the court, among other things, refused to allow the jury to hear and consider that 40 percent of our models have been pregnant,” and further “important” evidence.

This was not the first employment lawsuit by a “Barker Beauty” against the show’s producers.

What do you think of this huge verdict for failing to bring back an employee who went on pregnancy leave?

Please post your thoughts on ShiraziLawFirm.com/blog

Email or Call Shirazi Law Firm for a consultation: 310-400-5891. Join us on the following networks for the latest legal news:

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Shirazi Law Firm, PC

Shirazi Law Firm, PC

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Phone: 310 400 5891
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