The Genie Harrison Law Firm has experienced pregnancy discrimination attorneys who are committed to protecting the rights of pregnant workers in the workplace.
What is Pregnancy Discrimination?
Pregnancy discrimination can take many forms, from being denied a job or fired from a current position due to pregnancy, to being penalized for taking maternity leave. If you’re unsure if you’re experiencing pregnancy discrimination, our California pregnancy discrimination lawyers can help you. We’ll review your case and provide personalized legal advice to help you take the next steps.
If you experienced the following actions from your employer, you may have a pregnancy discrimination case:
• Been fired
• Denied a job
• Being denied a promotion or demoted
• Unexplained changes to your job such as being given a worse schedule, having a pay cut, or facing other adverse actions
• Inquiring about pregnancy plans during an interview
What Laws Protect Pregnant California Employees?
There are state and federal laws protecting pregnant employees, including the Pregnancy Discrimination Act (PDA) and the California Fair Employment and Housing Act (FEHA). Discrimination can be established through direct or circumstantial evidence.
U.S. Employment Opportunity Commission’s (EEOC) Pregnancy Discrimination Act (PDA) of 1978
The Pregnancy Discrimination Act of 1978 is a federal statute that makes it illegal for employers with 15 or more employees from discriminating because of pregnancy, child-birth, abortion, or medical conditions related to pregnancy or childbirth. Under the Act, pregnancy is a protected class that requires employers to provide reasonable accommodations as they would for health conditions, injuries, or disabilities. If an employer fails to provide accommodations, the woman can file a lawsuit for discrimination in pursuit of damage recovery.
The California Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA), enforced by the California Department of Fair Employment and Housing (DFEH), is a California law that makes pregnancy discrimination illegal. The law applies to all employers with five or more workers and contains provisions that give an employee the right to take time off from work due to conditions related to pregnancy or childbirth.
California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period. While on leave, employees keep the same employer-paid health benefits they had while working. Eligible employees can take the leave for one or more of the following reasons:
- The birth of a child or adoption or foster care placement of a child.
- To care for an immediate family member (spouse, child or parent) with a serious health condition.
- When the employee is unable to work because of a serious health condition (SHC).
California’s Pregnancy Disability Leave (PDL)
Pregnancy Disability Leave (PDL) is a California state law that provides eligible employees with unpaid, job-protected leave in the event of a pregnancy, childbirth, loss of pregnancy, and/or pregnancy-related physical and mental conditions. Eligible employees may take up four months of leave per pregnancy.
Proving Discrimination Based on Pregnancy-Related Disability
Discrimination based on pregnancy related disability can be established in two ways: either by direct evidence or circumstantial evidence. Direct evidence can be comments made to an employee showing a discriminatory bias. Circumstantial evidence can include a showing that the employee was performing her job in a satisfactory manner and an adverse employment action was taken based on her pregnancy related disability. The evidence has to be strong enough to overcome any non-discriminatory reason offered by the employer for the particular action taken against the employee.
What are my rights if my employer is not granting pregnancy-related leave?
If your employer isn’t allowing you to take the maternity leave you’re entitled to, we can help. Under California discrimination laws, employers must grant leave to employees who are physically restricted due to pregnancy. We’ll fight for your rights, so you can take the leave you need without fear of retaliation.
How the Pregnancy Discrimination Attorneys at California’s top Women’s Rights Law Firm Can Help You
Don’t wait to seek legal help if you’ve experienced pregnancy discrimination. Our attorneys take the legal burden off your shoulders. Navigating pregnancy discrimination cases can be stressful and overwhelming, but you don’t have to do it alone. Our attorneys are here to help you at any stage of the process, from reviewing your employee handbook to filing a legal claim, so you can focus on your health and well-being.
If you’re worried about retaliation from your employer for speaking up about pregnancy discrimination, we can help. As experienced employment law attorneys, we’ll protect you from any retaliation and ensure that your rights are upheld throughout the legal process.We’re dedicated to protecting your rights and helping you achieve a successful outcome. We’re committed to achieving a successful outcome for your case, and we have the expertise to make that happen.
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Tell us about your pregnancy discrimination case:
Call us at (213) 805-5301 or use the email form below to provide us with a brief description of your case. Se habla español.
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