Sex discrimination is the workplace occurs when a worker is treated less favorably as a result of that individual’s sex. This will include his or her sexual orientation, pregnancy, pregnancy-related condition, gender identity and gender expression, as well as sex stereotype.
Pregnancy-Related Discrimination in the Workplace
It is unlawful for an employer to discriminate against a worker based on pregnancy. There are state and federal laws that protect female workers from this type of discrimination in every aspect of employment, that includes the interview process, hiring process, promotions, and firing.
When a pregnancy causes the need for reasonable accommodations, the employer is legally required to provide these accommodations. For instance, when as a result of pregnancy, the worker can no longer lift over 10 pounds, the worker can request support in lifting heavy items, request a change in position, or request in being relieved of the responsibility to lift heavy objects.
When the mother has given birth, her employer must grant her a medical leave for a reasonable amount of time. Under the state’s Family Rights Act, the new mother can get up to 12 weeks of unpaid leave after the childbirth. Moreover, under the state’s Pregnancy Disability Leave Law, the new mother can petition for up to four (4) months of unpaid leave when she has been disabled as a result of the pregnancy or a pregnancy-related condition.
Discrimination Following Parental Leave and Understanding Your Rights
Workplace discrimination can also occur after childbirth. The following are examples of workplace discrimination when returning to work following childbirth.
- When returning to work, the employer has assigned the worker to a lesser role, or has refused to reinstate the worker to his or her prior position.
- The employer has denied a promotion as a result of the parent’s care giving responsibilities.
- The employer refuses breaks allowed from pumping breast milk.
- The employer or other coworkers have made direct and derogatory comments, gestures, jokes, and/or pictures about the pregnancy or nursing.
- The employer has failed to take action after being notified of ongoing harassment.
- The employer or company’s policy does not allow the new parent and/or discourages him or her from taking a parental leave.
Based on the Family Medical Leave Act, employees are entitled to 12 weeks of unpaid leave for any pregnancy-related reasons. This includes recovery from childbirth, prenatal visits, or caring for the newborn or spouse. Under the Family Medical Leave Act, it is possible to use accumulated vacation and sick days for childbirth or pregnancy related reasons. When covered by the Family Medical Leave Act, the employer must reinstate the employee to his or her position and the same salary prior to the leave.
Paid Family Leave will provide benefits to workers who need to take time off of work in order to care for another close family member or newborn. Benefits are also available to those who have recently adopted a child or have a new foster care placement.
Contact the Support of a Skilled Law Firm for a Pregnancy Discrimination Case
Pregnancy discrimination is illegal in the State of California and each case comes with various protections and probable legal remedies. When experiencing pregnancy-related discrimination in the workplace, it is important to act quickly and seek the legal support of a law firm who will fight for your rights. Contact the support of an experienced employment law attorney today.
At SANFORD A. KASSEL, A Professional Law Corporation, protecting the rights of workers who are facing discrimination is important, and the law firm works diligently to thoroughly investigate the claim to support the case in the best possible way. If you are facing workplace discrimination, contact the firm today for a no-obligation consultation.
