Pregnancy Discrimination

At the law office of SANFORD A. KASSEL, A Professional Law Corporation, we invite you to contact our Pregnancy Discrimination Attorneys for a free case consultation. We have many years experience handling all types of discrimination and employment law cases and will provide you with quality legal advice and guidance regarding your particular situation.

We have successfully helped residents throughout Southern California file lawsuits against their employers, colleges, and public agencies that have subjected them to pregnancy discrimination. 

Pregnancy discrimination in the workplace takes place when a female is treated unfairly as a result of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Such discrimination often occurs in the workplace and it occurs in many forms including, but not limited to:

• The refusal to hire a pregnant job applicant.
• Firing a promoting a woman because she is pregnant.
• Harassing a woman because she is pregnant.
• Treating a pregnant woman differently than other temporarily disabled employees.

• Prohibits Discrimination: Employers can’t discriminate in hiring, firing, pay, promotions, or any other term of employment based on pregnancy.
• Reasonable Accommodations: Employers must provide reasonable accommodations, including leave for pregnancy-related disabilities like gestational diabetes, hypertension, or bed rest, and must engage in an interactive process to find solutions.
• Applies to Small Employers: FEHA generally applies to employers with five or more employees, covering more workplaces than federal law.
• Broad Definition: “Related medical conditions” covers prenatal care, childbirth, postpartum depression, and pregnancy loss.

• Adverse Actions: Being fired, demoted, denied a job, or treated less favorably.
• Harassment: Unwelcome conduct based on pregnancy.
• Failure to Accommodate: Refusing a reasonable accommodation for a pregnancy-related condition.

• File a Complaint: Contact the California Civil Rights Department (CRD) (formerly DFEH).
• Consult an Attorney: Before you file a claim, it is advised that you seek legal advice for specific situations, as navigating FEHA claims can be complex.

California law protects employees against discrimination or harassment because of an employee’s pregnancy, childbirth or any related medical condition (referred to below as “because of pregnancy”). California law also prohibits employers from denying or interfering with an employee’s pregnancy-related employment rights.

 Pregnancy Disability Leave (PDL)

Leave Requirements (Employer)

• An employee disabled by pregnancy, childbirth, or a related medical condition is entitled to up to four months of disability leave per pregnancy. If the employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to employees who are disabled due to pregnancy, childbirth, or a related medical condition.
• Leave can be taken before and after birth during any period of time the employee is physically unable to work because of pregnancy or a pregnancy-related condition. All leave taken in connection with a specific pregnancy counts toward computing the four-month period.
• PDL is available when an employee is actually disabled. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.
• PDL may be modified as an employee’s changing medical condition dictates.
• PDL applies to all employers with five or more full- or part-time employees. Other than having a qualifying pregnancy-related disability, there are no tenure, hours, other eligibility requirements, and full- and part-time employees are treated the same.

Your Obligations  (Employee)

• If possible, an employee must provide their employer with at least 30 days’ advance notice of the date for which the PDL is sought and the estimated duration of the leave.
• If 30 days’ advance notice is not possible due to a change in circumstances or a medical emergency, notice must be given as soon as practicable.
• The employer may require written certification from the health-care provider of the employee seeking PDL, stating the reasons for the leave and the probable duration of the condition. However, the health-care provider may not disclose the underlying diagnosis without the consent of the patient.

Salary And Benefits During PDL

• An employer may require an employee to use accrued sick leave during any unpaid portion of their PDL. The employee may also choose to use vacation leave or other accrued paid leave to receive compensation for which the employee is eligible, but an employer may not require an employee to use vacation leave or other accred time off during PDL.
• Your employer must pay for the continuation of your group health benefits if your employer normally pays for those benefits.
• An employee who is disabled by pregnancy may qualify for State Disability Insurance wage replacement while the employee is unable to work. In a normal pregnancy, a worker will typically be disabled 4 weeks before the expected due date and 6 weeks after for a vaginal birth or 8 weeks after for a cesarean section.

Accommodations While Working

• Sometimes employees affected by pregnancy, childbirth, or a related medical condition are able to keep working with a reasonable accommodation. If such an employee requests a reasonable accommodation upon the advice of the employee’s health-care provider so that the employee can keep working, an employer must provide reasonable accommodation.
• For example, on the advice of a physician, an employee can request to transfer to a less strenuous or hazardous position or modified duties because of the employee’s pregnancy-related condition.

California law guarantees job-protected leave to eligible employees with a serious health condition, who are caring for a family member with a serious health condition, or to bond with a new child (by birth, adoption, or foster placement). This leave is referred to as the California Family Rights Act leave or CFRA leave. Employees also have federal rights to leave for their own or a family member’s serious health condition or to bond with a new child, which are provided for by the Family and Medical Leave Act (FMLA). When both state and federal laws apply, the employee receives the benefit of the more protective law.

Who Is Eligible For CFRA Benefits?

CFRA requires employers of five (5) or more employees to provide 12 weeks of job-protected leave to employees for the following situations:

• Bond With A New Child: by birth, adoption, or foster placement (leave taken to bond with a new child must be completed within one [1] year of the birth, adoption, or foster placement)
• Care For A Family Member: with a serious health condition
• Care For One’s Self: when that employee has a serious health condition

Other Things To Know

• CFRA leave is not for pregnancy-related conditions, which are covered by PDL.
• Employees are entitled to take CFRA leave in addition to any leave entitlement related to pregnancy.

Common CFRA Violations

Employers often break the law—sometimes intentionally, sometimes through negligence. We assist clients with:

• Denial of Leave: Refusing a legitimate request for leave despite eligibility.
• Retaliation: Being fired, demoted, or treated poorly because you requested or took leave.
• Failure to Reinstate: Not returning you to the same or a comparable position when your leave ends.
• Interference: Discouraging you from taking leave or demanding your private medical diagnosis (which is prohibited under CFRA).

Don’t let an employer violate your rights during a vulnerable time. If you believe you have been treated unfairly regarding your family or medical leave, we can help you hold them accountable. If you are a victim of discrimination you may, within one (1) year of the discrimination, file a complaint of discrimination with the California Civil Rights Department (CRD), who will investigate and render a determination. Due to the legal complexities and emotional aspects of filing such a claim, it is best to obtain legal guidance and counseling from a qualified attorney before filing a complaint with CRD.

From our San Bernardino-based offices, our legal team has the staff and resources to serve the State of California. There is no charge for the initial consultation. We will come to your home, or hospital bedside, evenings and weekends included, whichever is most convenient for you and your family. 

Whatever your legal dilemma, you don’t have to go it alone. When you speak with one of our highly-trained and trusted Plaintiff’s Attorneys, we will listen to the facts, answer your questions and give you an honest assessment of what your options are, including a plan on how to proceed. We work with a team of top-notch legal experts to ensure that each client has the best possible representation. We can help you sort through the issues of this difficult situation, and advise you what the best course of action will be. Let the highly-experienced legal team at SANFORD A. KASSEL, A Professional Law Corporation, help you safeguard your rights and achieve the justice you deserve.

Most of our cases are taken on a contingency basis, which means you do not pay for our services unless we collect a settlement (or obtain a judgment at trial) for you.

NO, RECOVERY, NO FEE.