California Pregnancy Discrimination Attorney
It is not fair—and not legal—to make unfavorable employment decisions against employees simply because they are expecting a child. But it happens all the time in California. Companies refuse to hire pregnant women because they believe they won’t work hard. They deny pregnant employees the right to take leave to cope with severe morning sickness. They refuse to allow pregnant employees to take advantage of skills training because they assume that these employees don’t care about their careers. They deny promotions to men and women who take leave to care for a newborn.
These are just a few of the ways that employers engage in unlawful pregnancy discrimination. We know because we’ve seen it repeatedly. And we know how the right California pregnancy discrimination attorney can help employees obtain justice and fair compensation for losses suffered as a result of unlawful practices.
At Justice Law Corporation, our team leverages the most effective provisions of federal, state, and local laws to protect employees’ rights and seek remedies for discrimination and other wrongs. We work hand in hand with employees to improve the workplace environment and ensure that employers honor the obligations they owe to the workers who keep them in business.
Understanding Pregnancy Discrimination
An array of laws protects the rights of pregnant workers and new parents. These laws prohibit employers from taking discriminatory actions and require them to provide leave in certain situations. California also has laws that provide specific rights to nursing mothers and prevent discrimination on the basis of reproductive decisions.
It can be challenging to keep track of the current status, administrative guidance, and judicial interpretations of all of these laws. That’s one reason it is so helpful to work with an experienced California pregnancy discrimination attorney who can help you understand and enforce your rights.
Your rights begin before you are even hired. Employers are not permitted to discriminate unlawfully when making hiring decisions. You are protected from unlawful termination and from other unfavorable actions. You may be entitled to accommodations, including leave.
Employers often view pregnancy and parenthood as a distraction that interferes with their ability to make money, so they frequently treat pregnant employees and new parents less favorably than other employees, hoping they will quit. This is not lawful, but employees need to speak up and enforce their rights through appropriate means, or employers will continue to engage in discriminatory practices.
Protections in the California Fair Employment and Housing Act
California’s Fair Employment and Housing Act, commonly referred to by the acronym FEHA, prohibits discrimination based on a range of characteristics, including physical disability, mental disability, reproductive health decision-making, medical condition, genetic information, marital status, and gender. Pregnancy protections can be related to these characteristics. For instance, Cal. Gov. Code §12926 specifies that the prohibition of discrimination on the basis of sex includes pregnancy, childbirth, breastfeeding, or medical conditions related to any of these.
In addition, the FEHA includes provisions specifically addressing pregnancy. Cal. Gov. Code §12945 allows an employee to take leave if they are “disabled” by pregnancy, childbirth, or a related medical condition.
Leave allowed under this law should be for a “reasonable period of time” not to exceed four months, during which time the employee should be considered disabled. A doctor generally will need to certify that a pregnant woman or new mother is disabled for the requirements of the law to apply. In addition, employers are permitted to require employees to provide reasonable notice of the time leave begins and the expected duration.
Employers are generally required to continue to maintain and pay for insurance coverage while the employee is on leave. In some cases, however, the employee may be required to reimburse the employer for insurance premiums if the employee does not return to work after the leave ends.
In addition to prohibitions on discrimination and requirements for leave and insurance, the FEHA requires employers to provide “reasonable accommodation” for conditions related to pregnancy, childbirth, or related medical conditions. The employee must request accommodation “with the advice” of their healthcare provider. This might include transferring a pregnant employee to a less strenuous or hazardous position.
California Family Rights Act
California’s Family Rights Act requires employers to provide leave for qualified employees to care for the birth of a newborn or the adoption of a child. This law applies not only to mothers who give birth but also to a parent who has not been pregnant.
An employee must have been employed for a specified period to qualify. When the employee returns from leave, the employer is supposed to return them to a position that is the same or comparable to the one they held before they went on leave. When employers fail to provide an appropriate position for parents returning from leave, a California pregnancy discrimination attorney at Justice Law Corporation could work to recover the full range of remedies available under the law, including compensation.
Federal Laws Prohibiting Pregnancy Discrimination
Federal civil rights laws also protect pregnant women and parents in various ways. The Pregnancy Discrimination Act of 1978 amended the cornerstone civil rights laws to specify that the laws prohibiting discrimination on the basis of sex also include pregnancy, childbirth, and related medical conditions. It specifies that employers may not treat affected employees differently from those with a similar ability to perform their jobs.
FAQs About Pregnancy Discrimination in California
At Justice Law Corporation, we offer free consultations so that workers who have concerns about discrimination and potential violations of their rights, such as wage violations, can ask questions directly without fees or obligations. While we cannot provide advice or a complete answer to anyone’s question here on our website, we wanted to provide general answers to the questions we get most frequently so you have background information to help you understand your rights.
What Are Some Examples of Unlawful Pregnancy Discrimination in California?
Often, workers are unsure whether the treatment they received constitutes discrimination under state or federal law. Here are some examples of situations where an employer’s conduct may violate the law:
- Firing or refusing to hire someone because they are pregnant
- Denying a promotion to a pregnant employee because there is an expectation that she won’t want to work after the baby is born
- Making offensive jokes or negative comments about pregnancy or nursing which creates a hostile work environment
- Refusing to provide leave to parents welcoming a new child
- Not offering equal training opportunities to workers who are pregnant or who have taken family leave
- Assigning less advantageous job duties or schedules to employees because of their pregnancy or need to express breast milk
Essentially, any time an employer treats an employee more negatively than similarly-situated employees and that action is motivated by the concerns associated with pregnancy or new parenthood, that action could constitute unlawful discrimination. A California pregnancy discrimination attorney could review the details to determine whether compensation or other remedies may be available.
What Steps Should Employees Take if They Believe They Have Been Subjected to Illegal Discrimination?
Because discrimination can take many forms and every work environment is different, the safest course of action to take if you believe you may have been subjected to discrimination is to consult a knowledgeable attorney who can assess how the legal protections apply in your particular situation. It is a good idea to keep copies of correspondence and policy manuals that can provide evidence of your employer’s treatment. It is also helpful to take notes about conversations with your supervisors.
Are Fathers Entitled to the Same Leave Rights as Mothers?
California laws and federal laws provide parental leave rights that are the same for fathers as for mothers. However, pregnant employees and those who have recently given birth may be entitled to additional leave on the basis of disability. For instance, a pregnant mother may be eligible for leave if experiencing severe morning sickness, dealing with gestational diabetes, or pregnancy-induced hypertension.
What Does the Law Require if I’m Breastfeeding My Baby?
Mothers who are nursing are protected by California laws that require employers to provide specific accommodations. For instance, Section 1030 of the California Labor Code requires employers to provide “reasonable” break time for nursing employees to express breast milk. In addition, Section 1031 obligates employers to provide a clean, private location (other than a bathroom) to pump or otherwise express breast milk while at work.
Other provisions prohibit employers from discriminating against employees who are nursing. Part of that obligation is a duty to refrain from allowing any comments, jokes, or conduct that could constitute harassment. If your employer denies the required space or time for expressing breast milk or you are forced to put up with constant jokes or taunts about your breasts, it is a good idea to talk to a California pregnancy discrimination lawyer.
Can My Employer Treat Me Differently Than Other Mothers if I’m Not Married?
Employers may not deny insurance or other benefits to pregnant women or mothers based on their marital status, even if the employer disapproves of that status. Technically, this would constitute discrimination on the basis of marital status, which is just as illegal as pregnancy discrimination in California.
Talk to a California Pregnancy Discrimination Attorney at Justice Law Corporation to Protect Your Rights
Sometimes employers are unaware of the accommodations they are required to provide to pregnant employees and new parents. Other times, they simply do not care. Regardless of the reason, if your rights are being ignored, it is time to seek the justice you deserve.
A knowledgeable and compassionate California pregnancy discrimination attorney at Justice Law Corporation may be able to recover compensation and other remedies to make up for the harm you’ve suffered and ensure that your rights are respected in the future. Call us at 818-230-7502 or contact us online to schedule a free, no-obligation consultation and learn more about what we can achieve together.