Pregnant employees are protected by law in California. These laws, generally, permit women to seek time off during and after pregnancy without fear of discrimination. These laws also offer a variety of advantages and benefits to pregnant women, including a reasonable amount of break time and use of a private room, reduced workloads, health examinations, and more.
California’s Fair Employment and Housing Act (“FEHA”) applies to most employers with five or more employees, and makes it unlawful for employers to discriminate on the basis of pregnancy. The FEHA also requires that employers provide reasonable accommodations to employees disabled by their pregnancy, to include time off for prenatal care medical appointments, help with harder physical duties, more frequent breaks and other job modifications, a period of leave under certain circumstances, and any other reasonable workplace adjustments that will allow pregnant employees to continue working as safely and effectively as possible. California law also provides pregnant employees and those with newborns with additional leave and other protections, under California’s Pregnancy Disability Leave Law (“PDL”)(employers with 5 or more employees), the California Family Rights Act (“CFRA”) (50 or more employees), the New Parent Leave Act (“NPLA”)(20 or more employees), Lactation Accommodation (Labor Code §1030)(all employers), California Paid Family Leave (“PDL”)(covered employees though state program), and California State Disability Insurance (“SDI”) program.
Federal laws also address pregnancy discrimination and pregnancy leave. The Pregnancy Discrimination Act of 1978 (“PDA”) protects women who experience pregnancy, childbirth or any pregnancy-related condition or disability. Other federal laws offering protection to pregnant workers and those with newborn children include, but are not limited to, the Family and Medical Leave Act (“FMLA”), Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act (“ADA”) and the Pregnant Workers Fairness Act.
A California pregnancy discrimination lawyer can assist you if your employer attempts to ignore or conceal your pregnancy to your detriment or treats you unjustly due to your pregnancy.
UELG’s attorneys have extensive experience in resolving pregnancy discrimination complaints and are proficient in the legal privileges and rights of pregnant workers in CA. If your employer discriminates against you or fails to give you an entitled maternity leave, we are ready to take a strong stand. Schedule a consultation with us today to learn more about your legal options and the typical pregnancy discrimination settlements.
5 signals you should Consult with a pregnancy discrimination lawyer in California:
- When you Face Detrimental Changes, Such as Unfavorable Shifts: You should immediately connect with a pregnancy discrimination lawyer in CA in the event you experience any sudden and unfavorable changes at work after disclosing the fact of your pregnancy, such as disagreeable modifications to your work schedule or an increase in your tasks and job responsibilities.
- When Facing Accommodations Refusal: Pregnancy discrimination occurs when your employer refuses to offer reasonable accommodation for your pregnancy-related needs, such as a more flexible schedule or work change or modifications. To discover more about your legal rights under the law, connect with an employee discrimination attorney.
- Unfairness in Daily Work Activities: When you feel treated unfairly by your employer and coworkers—for instance, not being included in important meetings or being subjected to unjust criticism—this can be considered as pregnancy discrimination. Record events so that they can be used as evidence in future discrimination cases.
- Retaliation for Complaints: Speak with an employment discrimination lawyer if you experience unfavorable treatment after reporting pregnancy discrimination issues, such as denial of promotions or unfair disciplinary proceedings. Employees who exercise their legal rights are shielded from retribution by the law.
- Adverse Employment Opportunities: It’s important to speak with a lawyer who has knowledge about pregnancy discrimination claims if you encounter adverse employment opportunities that seem to be related to your pregnancy, such as being passed over for promotions or facing termination,. They can aid in determining if discrimination allegations are plausible.
How to file a claim?
If you think you’ve been the victim of pregnancy discrimination, you have the option to file an administrative claim with a government agency. Both California’s Civil Rights Department (CRD) and the federal Equal Employment Opportunity Commission (EEOC) deal with incidents involving pregnancy discrimination, although these agencies’ time deadlines, processes and issues covered can differ. It is important to remember that there are deadlines within which a pregnancy discrimination claim must be filed. A claim for pregnancy discrimination must be filed with California’s CRD (online, by mail or in person) within three years of the discriminatory act. A charge or claim with the federal EEOC in some cases must be reported within 180 days, or 300 days if your complaint also is covered by a state or local anti-discrimination law. The CRD or the EEOC will conduct an administrative investigation, and may decide to pursue an action on your behalf. If these agencies take no action, a Right-to-Sue letter can be obtained by them which allows you to file a lawsuit in state or federal court against the employer.
Because of the strict deadlines for the filing of a claim, you should act swiftly to consult with a pregnancy discrimination lawyer to file a complaint with the CRD or EEOC, which make the process as hassle-free, efficient and successful as possible.
Contact us at UELG to discuss your case.
Employers may be breaking the law if they deliberately or carelessly violate the rights of their pregnant workers. Expectant employees are entitled to be free from discrimination at work and are afforded certain protections under the laws due to their status as expectant workers.
You may depend on the in-depth knowledge of the pregnancy discrimination attorneys at UELG for support with your specific circumstances. For workers seeking redress for any pregnancy discrimination-related issue, our comprehensive understanding of employment law is an invaluable resource. Discuss your case with us immediately and find out more about your choices and legal rights under maternity-based, maternity leave and anti-discrimination legislation.
Conclusion
The first step to make sure you are treated fairly and with respect as an employee in California throughout your pregnancy is to be aware of your rights. With a wealth of pregnancy discrimination litigation knowledge, skill and experience, employee discrimination lawyers at UELG are dedicated to standing up for and defending the rights of expectant workers, and will provide you with the strong representation you need. Do not hesitate to get in touch at (888) 545-0013 if you or someone you know is experiencing pregnancy discrimination at work.
