If you’re pregnant or planning to become pregnant, you may have questions about your rights and obligations as an employee. You may also wonder if you’ve been discriminated against because of your pregnancy, childbirth, or related medical condition, or perhaps you’d like to be prepared in case you face such treatment. Here, our pregnancy discrimination attorneys will guide you through your rights, obligations, and legal options as a pregnant or soon-to-be pregnant employee.
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Pregnancy discrimination is a form of sex discrimination that occurs when an employer treats a pregnant employee or applicant unfavorably because of her pregnancy, childbirth, or related medical condition.
Pregnancy discrimination can take many forms, such as:
Pregnancy discrimination can affect employees in any industry, occupation, or position. It’s also important to note that it can affect employees who are not pregnant but are perceived to be pregnant or intend to become pregnant.
Pregnant employees are protected by both federal and state laws that prohibit pregnancy discrimination and require employers to provide certain benefits and accommodations to pregnant employees.
Some of the most important laws protecting such employees include the following.
This is a federal law that applies to employers with 15 or more employees. The PDA prohibits employers from discriminating against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.
The PDA also requires employers to treat pregnancy-related conditions as any other temporary disability and provide the same benefits and accommodations as they do for other disabled employees.
This is a state law that applies to employers with five or more employees. The FEHA prohibits employers from discriminating against employees or applicants also on the basis of pregnancy, childbirth, or related medical conditions.
The FEHA requires employers to provide up to four months of pregnancy disability leave (PDL) to employees disabled by pregnancy, childbirth, or related medical conditions and to return them to their same or comparable position after the leave.
The FEHA also requires employers to provide reasonable accommodation to pregnant employees who request it, such as modifying work duties, providing a stool or chair, or allowing frequent breaks.
This is another state law that applies to employers with 50 or more employees. The CFRA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth, adoption, or foster care placement of a child or for the serious health condition of the employee or a family member.
The CFRA also requires employers to maintain the employee’s health insurance coverage during the leave and to return the employee to the same or comparable position after the leave.
Finally, this is yet another state law that applies to all employers. The Labor Code provides various rights and protections to pregnant employees, such as:
Consulting with an experienced pregnancy discrimination lawyer will help you identify the state and federal laws that apply to your case.
Pregnancy discrimination can be hard to prove, especially if the employer does not explicitly state or admit that the adverse action was based on pregnancy.
However, there are some ways to gather evidence and support your claim, such as:
Consulting with a pregnancy discrimination attorney will also help you prove your case, either inside or outside of the courtroom.
If you’re looking for a pregnancy discrimination attorney in Carlsbad, CA, consider HHJ Trial Attorneys. We’re an experienced law firm specializing in employment law and with extensive experience handling pregnancy discrimination cases. We’ve worked with many just like you and have won millions for our clients.
Contact us today to schedule your free and confidential consultation.
