Victim of Pregnancy Discrimination in California?
Call a San Diego Labor Employment Discrimination Lawyer
Under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), it is illegal for employers to discriminate against employees because of pregnancy, childbirth or other related medical conditions. Both acts contain a list of rights that must be affording pregnant employees.
Rights of Pregnant Women
Any California resident is entitled to reasonable accommodations for pregnancy, childbirth, or other related medical conditions. This may include amending a pregnant employee’s break schedule or providing temporary relief from duties that involve heavy lifting. To be entitled to such rights, a pregnant employee must provide a medical certification that such accommodation is necessary.
Pregnant employees may be permitted to take a leave of absence under the same rules permitting leave for other temporary disabilities. Under California law, such leave is generally restricted to the time that an employee is considered medically disabled and this period is not to exceed 4 months, unless a company policy provides for additional time off. For instance, employers are typically only required to provide unpaid leave for pregnant women; however, if an employer provides paid leave for other temporarily disabled employees, the same amount of paid leave must be paid to pregnant employees who take a leave of absence.
Pregnancy discrimination may include any of the following:
- Making hiring or firing decisions based upon the fact that an individual is pregnant
- Demoting a pregnant employee on the basis of her pregnancy
- Denying a job to a pregnant employee when she returns from pregnancy-related leave
- Denying a pregnant employee benefits provided to other temporary disabled employees.
Under both federal and state laws, employers are prohibited from discriminating on the basis of pregnancy. Likewise, employers are not permitted to harass pregnant employees.
If you are facing possible discrimination, you need the assistance of a San Diego employment discrimination lawyer who can explain how state and federal laws apply to your unique situation. For further assistance, contact a San Diego discrimination lawyer at Pope, Berger & Williams, LLP.