Having a child can be one of the most wonderful, yet one of the most frightening, parts in a woman’s life. Along with the preparations and ultimate birth of a baby, a woman will face experiences and go through many life-changing moments from the moment she is aware of the child to be. Regrettably, pregnancy and birth can also bring some unfortunate and negative changes to a woman’s career. In such situations, it is important to understand what actions can constitute an unlawful discernment and know what your rights are as a new mother and employee.
Pregnancy Discrimination is common when a pregnant job applicant or employee receives treatment that is less favorable or significantly different than other employees or applicants because of the pregnancy. The State of California prohibits pregnancy discrimination, but only if the employer has five or more workers. Under legal terms, this form of discrimination will fall under the umbrella of sex discrimination.
If you have a reason to believe that you are being discriminated against because of your pregnancy, consider seeking the legal advice of an experienced attorney. As a pregnant woman, one of the last things to worry about should be discrimination or the ramifications associated with the treatment at an employer or the denial from a potential one. Speak to a professional attorney who will review the facts of your case and help you in your pursuit of fighting for what is just.
Laws that Serve to Protect Against Pregnancy Discrimination
On a federal perspective, the Pregnancy Discrimination Act will prohibit against discrimination based on pregnancy, birth, or medical conditions. The act also states that pregnant women who go through childbirth or develop other medical conditions as it relates to the pregnancy should be treated the same for all work-related purposes.
The State of California has established the Fair Employment and Housing Act, which provides a substantial protection for pregnant women. Just as the federal law, the state imposed law will serve to protect against the harassment and discrimination on the basis of a woman’s pregnancy.
Pregnancy Leave Laws
The California Pregnancy Disability Leave Law (PDLL) requires employers to provide employees up to four months of leave due to an employee’s pregnancy, childbirth or related medical conditions. All employers with 5 or more employees must:
- provide leaves of up to four months due to pregnancy, childbirth or related medical condition;
- transfer affected employees under appropriate circumstances; and
- reasonably accommodate employees for conditions related to pregnancy, childbirth or related medical condition. [See Gov.C. § 12945(a) & (b)]
All employees of covered employers under the FEHA are eligible for leaves, transfers and reasonable accommodation under the PDLL. Unlike the CFRA and FMLA, there is no length of service requirement or requirement that an employee have worked 1250 hours prior to the commencement of a leave see also 2 CCR § 11035(g)—“eligible female employee” includes transgender employee disabled by pregnancy]
In addition, an employer may be required, under certain circumstances, to transfer an employee affected by pregnancy, childbirth or related medical conditions to a different job. [Gov.C. § 12945(a)(3)(C). The California New Parent Leave Act (NPLA), effective January 1, 2018, expands who may take baby bonding leave in California. The NPLA covers employees working for employers with 20 or more employees within 75 miles of the employee wishing to take up to 12 weeks for baby-bonding leave within one year of the employee’s child’s birth, adoption, or foster care placement. The NPLA is part of the Fair Employment and Housing Act, Gov. C. § 12900 et seq. [Gov.C. § 12945.6(a)(1) (By contrast, the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) only cover employers with 50 or more employees.)
Common Examples of Unlawful Discrimination for Pregnancy
Pregnancy discrimination in the workplace can take a multitude of forms. Some of the most common examples of discrimination in the workplace can involve the following:
- The refusal to hire because of a pregnancy or because the applicant can become pregnant;
- Demoting or firing a woman because of medical conditions experienced in a pregnancy;
- The refusal to provide reasonable adjustments for pregnancy-related medical conditions or disabilities;
- Denying time-off for the birth of the baby or other medical conditions as it relates to the birth of the baby; and/or
- Discrimination due to the need to pump, breastfeed, or treat medical conditions as it relates to breastfeeding.
Seek the Expertise of a Knowledgeable Attorney
If you have reason to believe that you are being discriminated against because of your pregnancy it is crucial to seek the legal expertise of an attorney who has the knowledge and experience of handling pregnancy discrimination cases. Whether you are seeking employment or are a current worker who has experienced discrimination on the basis of a pregnancy, a skilled attorney can help to protect your rights.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation, have the skills needed to handle pregnancy discrimination cases in the State of California. The firm has the passion and dedication necessary to protect the rights of employees who have experienced unlawful discrimination. When it comes to filing a claim for workplace discrimination, time is of the essence consult a professional attorney as soon as possible.
