Bay Area workplace discrimination lawyer recommendations

[smokintr6]

My wife has been working remotely for a Bay Area tech company for about two years and is seemingly being pushed out just about two months before she can take maternity leave. At this point we’re probably just looking to understand what we might be able to use to negotiate for a severance (writing seems on the wall).

[wildthing]

Tough to prove unless you can gain access to internal emails stating she should be kicked out because she's pregnant, or a woman, or a person of color.

[smokintr6]

Originally Posted by wildthing

Tough to prove unless you can gain access to internal emails stating she should be kicked out because she's pregnant, or a woman, or a person of color.

Agreed, and not looking for someone to litigate a case, just to help negotiate a fair severance.

[LWJ]

May I pause and say Congratulations on the kid?!!! Sorry about the work crap.

[smokintr6]

Originally Posted by LWJ

May I pause and say Congratulations on the kid?!!! Sorry about the work crap.

Hahah thanks!!! First kid! 40 years old, should keep me on my toes.

[Scott Douglas]

Good luck!

[Billiam 911 2.8]

www.myerslawgroup.com/ann-hendrix/
Myers is a very well regarded employment law firm and Ann Hendrix is someone who is a straight shooter on your wife's case.

[70SATMan]

Originally Posted by smokintr6

Hahah thanks!!! First kid! 40 years old, should keep me on my toes.

The trick is getting kids when they’re really young like a year old or so. Waiting till they’re 40? Man, I don’t know. Probably come with a load of bad habits already.

Congrats!

Sorry, don’t have much to offer in the way of the work situation. All of the attorneys I know through my wife are land use/environmental.

Even though she’s remote, California is “at will”. Discrimination has to be pretty blatant. If she’s part of a larger RIF, afraid not much can be done.

[Noah930]

https://www.californialegaladvocates.com/?npcmp=dir:local:3449620:91367

I have a good friend who practices employment discrimination law. He is located in SoCal, not the Bay Area, but I'm not sure that makes much of a difference. I've bounced employment law questions/ideas off him in the past, and wouldn't hesitate to use his services.

[Superman]

State employment discrimination laws usually (probably always) focus on protected groups like race, gender and religion. This discrimination is a human rights violation and is serious but sometimes challenging to factually establish.

"Pregnant" is not one of those groups.

That said, a consultation with a legal expert is a very good idea. Since your goal is to negotiation separation terms and not litigation, you may be able to get some traction.

Congrats on the upcoming family member arrival. First child? Fasten your seat belt. This is going to be the highest impact experience of your life by far. Looking into the face of your child is so powerful as to be near unbearable. Like looking into the Sun. Parenthood is an experience that ONLY another parent can understand. It's also a good movie.

[john70t]

Discrimination against a pregnant woman? Should be thousands of those cases on file in the state of CA with most for the plaintiff.

https://www.nolo.com/legal-encyclopedia/pregnancy-discrimination-lawsuits-what-you-have-prove.html
https://www.nolo.com/legal-encyclopedia/your-right-accommodation-during-pregnancy.html
https://www.nolo.com/legal-encyclopedia/can-i-denied-job-because-im-pregnant.html
It certainly could be pregnancy discrimination. Federal law and the laws of most states prohibit employers from making job decisions based on pregnancy.

https://www.eeoc.gov/pregnancy-discrimination
Pregnancy discrimination is against the law. The EEOC enforces three federal laws that protect job applicants and employees who are pregnant.

[Superman]

Though my statement related to state law, I feel as though I stand at least partially corrected. That said...apparently pregnancy by itself is not a disability. (I know far less about federal employment law than topics like subatomic physics) All this suggests consultation with an attorney is a good idea.

The PWFA requires a covered employer to provide a reasonable accommodation to a worker’s known limitation related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

The third law is the Americans with Disabilities Act, which is called the “ADA.” The ADA prohibits discrimination against an applicant or employee based on a disability, including a disability related to a pregnancy such as diabetes that develops during pregnancy. While pregnancy itself is not a disability under the ADA

[70SATMan]

Also,,, being an “employee” is treated differently than say a remote ‘contractor’. OP didn’t really elucidate.

[3rd_gear_Ted]

Originally Posted by 70SATMan

Also,,, being an “employee” is treated differently than say a remote ‘contractor’. OP didn’t really elucidate.

Or a 3rd party involved too.

[ramonesfreak]

Pregnancy can be a basis for discrimination under Title VII. Been decades since I have handled such a claim though. Using it as leverage for severance is a good idea and what we used to do when I did such work

[smokintr6]

Hey all, thanks for the feedback and information!

As a 40 year old child myself, I realized from some of the comments that I'm doing it wrong, and I need to find someone to adopt ME!

My wife is a remote worker, but she is not a contract employee. I'm trying not to air too many details, but for the curious it seems like her company is trying to hide a decent size layoff, to avoid the california warn act etc. My understanding is that pregnancy has only recently been more recognized as a protected condition.