State law offers strong legal protections to workers who have been subjected to workplace harassment and discrimination. Despite this, pregnancy discrimination remains rampant. Workers who have been subjected to pregnancy discrimination will need to consider seeking immediate legal support, and the Southern California attorneys at SANFORD A. KASSEL, A Professional Law Corporation can help. A general overview of the legal protections for workers in California is briefly discussed below.
For more than 40 years, SANFORD A. KASSEL, A Professional Law Corporation has established a reputation in employment law. The firm understands that workplace discrimination can make a worker feel ostracized and humiliated. Consequently, the firm works indefatigably to ensure the right corrective action is taken on behalf of the affected worker. For a free consultation, contact SANFORD A. KASSEL, A Professional Law Corporation by calling (909) 884-6451.
The Fair Employment and Housing Act
The Fair Employment and Housing Act, or FEHA, applies to workers who are employed in public or private organizations, labor organizations, as well as employment agencies. It is unlawful for employers who have five or more workers to discriminate against applicants and workers because of a protected category.
FEHA prohibits harassment based on a protected category against a worker, unpaid intern, applicant, volunteer, or contractor. Harassment is prohibited in all workplace establishments, including those with fewer than five employees.
Employers may face accountability for the conduct of their supervisors, including non-supervisors and non-employees, when they knew or should have known about the misconduct yet failed to take appropriate corrective action. Employers have an obligation to take reasonable steps to prevent workplace harassment from happening.
Paid Family Leave
Paid Family Leave, or PFL, allows for the opportunity to take time off of work to:
- Bond with a child newly entering the family by foster care placement, adoption, or birth;
- Care for a child, parent, grandparent, sibling, spouse, grandchild, parent-in-law, or registered domestic partner who is seriously ill; or
- Partake in a qualifying family event, such as a loved one’s military deployment.
For Mothers
Pregnant mothers in California can obtain up to a month of Disability Insurance benefits before the due date. Mothers may also qualify for up to six weeks of benefits for a normal delivery or receive eight weeks for a C-section to heal from childbirth.
Although citizenship and immigration status will not affect a mother’s eligibility, the mother will need to:
- Have given birth in the past 12 months, have adopted, or been awarded care of a child through foster care placement;
- Have paid into California Disability Insurance in the past 5 to 18 months; and
- Have not already taken a maximum of 8 weeks of Paid Family Leave in the past year.
For Fathers
To receive Paid Family Leave benefits, fathers must have:
- Welcomed a child into their home in the past year through foster care placement, adoption, or birth.
- Paid into the state’s disability insurance in the last 5 to 18 months; and
- Not taken a Paid Family Leave in the last year.
Like mothers, a father’s immigration status will also not affect his eligibility.
Discuss Your Legal Options With an Experienced Attorney
Based on California laws, new parents cannot be discriminated against and they could receive a job-protected leave to spend time with their new child. When a worker is discriminated against based on a protected category, such as pregnancy, legal recourse may be necessary. By obtaining the support of a well-established law firm, affected workers can ensure they are protected in the workplace.
SANFORD A. KASSEL, A Professional Law Corporation has many years of dedicated legal experience in the field of employment discrimination. When facing workplace discrimination based on pregnancy, sex, or other protected category, consider discussing your case with the knowledgeable attorneys at SANFORD A. KASSEL, A Professional Law Corporation today by calling (909) 884-6451.
