Expert Pregnancy Discrimination Attorneys
Find Representation With a Pregnancy Discrimination Attorney
Welcoming a new human being into your life shouldn’t be punished where you work or where you’re interviewing to work. Our top pregnancy discrimination attorneys have successfully handled many cases of pregnancy discrimination.
Our lawyers also understand that California laws favor plaintiffs in pregnancy cases, which means employers should be extremely careful about what they say or do with regards to your pregnancy.
If you have any questions at all, you’re welcome to call us any time for a free consultation.
More than 3,100 cases of pregnancy discrimination were filed with the Equal Employment Opportunity Commission in 2017, but that figure is skewed because many women are reluctant to ask for the protections they are entitled to. If you were the victim of pregnancy discrimination in the workplace, you may be entitled to damages for:
Pregnancy discrimination occurs when an employer treats a job applicant or employee differently because of pregnancy related reasons, an illegal form of sex and disability discrimination.
Can I Get Fired If I’m Pregnant?
An amendment to the Civil Rights Act, the Pregnancy Discrimination Act, was the first piece of federal legislation stating that one cannot be fired due to pregnancy.
Pregnancy Disability Leave, also known as PDL, is leave from work that is intended to accommodate an employee with a pregnancy disability. As a pregnant employee, you are entitled to receive up to four months of PDL.
Please note that this leave is in addition to any other forms of leave you may qualify under the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA).
It is important to know that your employer cannot fire you because you are pregnant or because you choose to take pregnancy disability leave. Please be aware that PDL will not protect you from any employment actions that have nothing to do with your pregnancy, such as a massive company layoff.
Can I Be Denied A Job Because I’m Pregnant?
Instances of pregnancy discrimination can occur at any point throughout the employment relationship, all the way from hiring to firing. Simply put, it is illegal to refuse to hire a person because she is pregnant. It is also illegal to assign, promote, demote, or fire someone based on their pregnancy.
What Is Pregnancy Discrimination?
Employers rarely come out in the open and engage in blatant pregnancy discrimination. These are the signs you should pay attention to if you are considering a new job while pregnant:
- A job interviewer asks if you have children, or if you’re already pregnant, or if you have any intention of becoming pregnant.
- A potential employer refuses to offer you a job because you are pregnant.
- A potential employer treats pregnancy related health conditions differently than other temporary disabilities.
What If A Pregnant Employee Is Unable To Perform Their Job Duties?
An employer is required to offer a pregnant employee unpaid disability leave of up to four months for the duration of time that she is disabled because of pregnancy, childbirth, or for any related medical conditions. It is illegal to refuse requests for temporary transfer or reasonable accommodation for pregnant employees.
If you cannot perform your job because of your pregnancy, an employer must treat you like they would any other temporarily disabled employee and offer accommodations. Pregnancy, childbirth, and any pregnancy related medical conditions must be treated on an equal basis with all other medical conditions or short-term disabilities.
What is the Pregnancy Discrimination Act?
An amendment to the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978 was the first piece of federal legislation clearly stating that a woman cannot be fired because she is pregnant. FMLA stands for the Family Medical Leave Act. Under the FMLA, a pregnant employee is entitled to receive up to 12 weeks for time off before, during, and after the birth of a child. California law also provides time off under the California Family Rights Act (CFRA) for pregnancy disability leave that is separate from FMLA leave time.
Pregnancy Disability Leave, also known as PDL, is leave from work that is intended to accommodate an employee with a pregnancy disability. As a pregnant employee, you are entitled to receive up to four months of PDL. (Cal. Code Regs., tit. 2, § 11042).
Further, if your employer provides more than four months of leave for any other disabilities, your employer must provide you with the same leave, if it is required by your pregnancy-related disability.
Maternity and Paternity Leave Laws
Under FMLA, a pregnant employee is entitled to receive up to 12 weeks for time off before, during, and after the birth of a child. California law also provides time off under the California Family Rights Act (CFRA) for pregnancy disability leave that is separate from FMLA leave time.
California offers six weeks of paid leave to new parents. This paid leave, however, only provides for a portion of the father’s income when the leave is taken, and will not cover the entire amount. Further, California doesn’t offer the same protections that FMLA does.
Under FMLA, a father is eligible for up to 12 weeks of unpaid leave throughout the course of a twelve month period for the purposes of caring for a newborn child.
What Does the Pregnancy Discrimination Act Cover?
The following regulations apply to all businesses with fifteen or more employees:
- Treats pregnancy, childbirth, and any pregnancy related medical conditions on an equal basis with all other medical conditions or short-term disabilities.
- An employer cannot establish a policy prohibiting you from returning to work after a predetermined time frame once you have given birth. An employer must also keep a job open for a pregnancy related absence for the same duration of time that all other jobs are held open for any employee who is on disability or sick leave.
- An employer cannot refuse to hire, promote, or force you to go on leave; they also cannot deny you benefits while you’re on maternity leave, such as vacation days or pay increases.
If you cannot perform your job because of your pregnancy, an employer must treat you like they would any other temporarily disabled employee and offer accommodations.
Can I Sue My Employer For Pregnancy Discrimination?
Yes. In order to successfully pursue a pregnancy discrimination claim, you need to prove that you were treated differently than other employees in similar situations as your own. However, the difference in the way you were treated must be because of your pregnancy.
How to Sue for Pregnancy Discrimination
You must provide evidence that proves your employer took action against you because you were pregnant.
Secure legal advice immediately upon finding that unfair treatment is occurring at your workplace. West Coast Employment Lawyers will do everything possible to construct effective arguments to win your case. Our attorneys are committed to helping victims of pregnancy discrimination receive full vindication, fair compensation, and the peace of mind they deserve during what should be one of the most enjoyable and memorable times of their lives.
West Coast Employment Lawyers Is Here to Help
If you or a loved one have been wrongfully discriminated against or terminated at work due to a pregnancy, immediately contact West Coast Employment Lawyers for a free, no-obligation consultation with a pregnancy discrimination lawyer at our firm.
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