Pregnant California workers have the right to be free from harassment and discrimination by their employers based on their pregnancy status. If your employer has violated your rights under state or federal law, an experienced California workplace discrimination lawyer from Lavi & Ebranhimian, LLP can explain your legal rights and represent you in all proceedings if you decide to move forward with your case. We have represented people who have experienced similar legal issues and have recovered tens of millions of dollars in compensation for employees who have been discriminated against.
How Our California Pregnancy Discrimination Lawyers Can Help
If you suspect your employer has violated your workplace rights related to your pregnancy, an experienced attorney from Lavi & Ebranhimian, LLP can help by:
- Reviewing California and federal laws and how they impact your case
- Explaining your rights following a violation of your rights
- Investigating your legal claims and collecting evidence to support them
- Preparing and filing discrimination claims
- Handling communication with your employer or their legal counsel
- Managing case deadlines and paperwork
- Detailing the damages you can seek through a workplace discrimination claim
Our law firm offers a confidential consultation you can arrange to discuss your legal options.
What Is California Law on Pregnancy Discrimination?
The Fair Employment and Housing Act (FEHA) covers various forms of workplace discrimination in California, including pregnant employees. Under FEHA, employers are prohibited from discriminating or harassing employees due to their sex, which includes pregnancy, childbirth, and breastfeeding.
Discrimination occurs when an employer treats a woman unfavorably due to her pregnancy, plans to become pregnant, childbirth, or pregnancy-related medical issues. Unfavorable treatment can include any aspect of the employment relationship or its terms or conditions, including discrimination related to any of the following:
- Hiring
- Failing to promote
- Demoting
- Job assignments
- Education and training opportunities
- Compensation, bonuses, and benefits
- Work assignments
- Failure to provide accommodations or leave for medical conditions related to pregnancy
If an employer violates these laws and discriminates against a worker based on their pregnancy, the injured employee can seek compensation for lost income and benefits, penalties, and legal fees and costs.
This law mirrors federal laws, such as the Pregnancy Discrimination Act of 1978, the Americans with Disabilities Act, and the Fair Labor Standards Act, but those laws typically apply to employees with 15 or more workers, while California’s law pertains to employers with five or more workers.
Workplace Accommodations for Pregnant California Workers
FEHA requires employers to provide reasonable accommodations to workers who need them due to their pregnancy. This includes any medical condition a person suffers during their pregnancy, such as morning sickness, preeclampsia, gestational diabetes, pregnancy-related hypertension, and postpartum depression.
Workplace accommodations for pregnant workers may include:
- Being able to take frequent bathroom breaks
- Additional rest breaks
- Being provided a stool or chair
- Having someone else lift heavy objects
- Modification of job duties
- Transfer to a less strenuous or hazardous position
- Modification of schedules
- Leave of absence
Pregnant workers must request such accommodations to receive them. Employers have the right to request documentation to substantiate that the accommodation is medically necessary. Just because an employee requests a particular accommodation, the employer does not necessarily have to provide it. Employees and employers engage in an interactive process to determine appropriate and reasonable accommodations.
California’s law prohibits employers from retaliating against pregnant employees for making pregnancy-related workplace accommodation requests. If workers face retaliation for asserting their rights under FEHA, they may have grounds for a workplace retaliation claim. Additionally, if an employer terminates a pregnant worker for requesting accommodations or taking leave, it could lead to a case of wrongful termination.
If you face challenges with accommodations after giving birth, including the right to express milk at work, you may have grounds for a lactation accommodation discrimination claim.
California Pregnancy Leave Act
California is one of only a few states with a pregnancy disability leave law. California employees can take up to four months off work due to their pregnancy. If they cannot perform the essential functions of their job or doing so could put their pregnancy at risk, they can take this leave during their pregnancy.
Not all employees are eligible for the full four-month period of leave. The amount of leave is for the period of time that you are disabled by pregnancy, as determined by your healthcare provider. If you must take this leave, your employer must generally return you to the same job when you are no longer disabled by your pregnancy.
Employees are entitled to take this leave regardless of how long they have worked for their employer. Their employer can request written medical certification from their healthcare provider that substantiates their need for leave.
Your leave does not necessarily have to be for continuous time. You can take it as needed, including intermittent leave or a reduced work schedule, which count against your four-month entitlement to leave.
This leave may be paid or unpaid, based on your employer’s policy for other medical leave. You could be eligible for Paid Family Leave or state disability insurance. You can use vacation or other paid time off during your pregnancy-related leave. Your employer can require you to choose available sick leave during your pregnancy disability leave.
California Paid Pregnancy Leave
California’s Paid Family Leave program provides paid leave that includes up to four weeks of disability insurance benefits during your pregnancy and up to eight weeks after childbirth. San Francisco’s Paid Parental Leave Ordinance provides six weeks of bonding time in addition to other paid leave.
What to Do If My Rights Are Discriminated Against
If any of your state rights were violated, you can take steps to correct this action, including:
- Keeping a written record (out of the workplace) of the alleged forms of discrimination or harassment
- Saving written communications that evidence the violations against you
- Filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC)
- Discussing your case with an experienced workplace protection lawyer
Contact a California Pregnancy Discrimination Lawyer for a Confidential Consultation
If you suspect your pregnancy rights have been violated, it is critical that you contact a knowledgeable workplace discrimination attorney in California who can explain your legal rights and options. Lavi & Ebranhimian, LLP has extensive experience handling workplace discrimination cases and can assist you throughout every aspect of your pregnancy discrimination claim. We aim to hold employers who violate pregnancy employee rights accountable for their deplorable actions and prevent other pregnant workers from enduring the same treatment you did. Contact us today for a free, confidential consultation.