Pregnancy Discrimination in California – Know Your Rights
Have you recently been victim to pregnancy discrimination in Orange County or San Bernardino County, or other parts of Southern California? Do you feel that your employer is treating you unfairly due to pregnancy and childbirth related medical complications? Are you aware that if your employer has treated you unfairly due to being pregnant you may be entitled to benefits and financial compensation according to California employment law?
At the law office of SANFORD A. KASSEL, A Professional Law Corporation, we invite you to contact our pregnancy discrimination attorneys for a free case consultation. We have many years experience handling all types of discrimination and employment law cases and will provide you with quality legal advice and guidance regarding your particular situation.
We have successfully helped residents throughout Southern California file lawsuits against their employers, colleges, and public agencies that have subjected them to pregnancy discrimination.
Pregnancy Discrimination Overview
Pregnancy discrimination in the workplace takes place when a female is treated unfairly as a result of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Such discrimination often occurs in the workplace and it occurs in many forms including, but not limited to:
- The refusal to hire a pregnant job applicant
- Firing or not promoting a woman because she is pregnant
- Harassing a woman because she is pregnant
- Treating a pregnant woman differently than other temporarily disabled employees
Under California law it is illegal for an employer to discriminate against any employee or job applicant solely because she is carrying a child. In addition to workplace related discrimination, women may also face pregnancy discrimination while attending college (example: private and public colleges receiving federal funds that discriminate against pregnant students… discrimination subject to Title IX.
California Pregnancy Discrimination Laws
Fortunately, there are several laws in California that protect women from pregnancy discrimination such as the following:
1) California – Fair Employment and Housing Act
The State of California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against any employee for becoming pregnant or requesting to take leave associated with the pregnancy. Such provisions apply under the FEHA if the employer has employed more than 5 full time employees over the prior year.
12940.
See Government Code 12940 — 12951
It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
(a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.
2) California Pregnancy Disability Leave Law
Additionally, the California Pregnancy Disability Leave Law (PDLL) requires employers to provide up to four months of leave for employees “disabled” by pregnancy or pregnancy-related conditions. Under the PDLL, pregnancy leave must be provided even if the employer’s governing policies do not permit short-term disability leave.
3) California Family Rights Act (CFRA)
Under California’s Family Rights Act (which is the State’s version of the Federal Family and Medical Leave Act), after the birth of a child, a mother is entitled to take 12 weeks of leave from work.
4) New Parent Leave Act (NPLA)
California’s New Parent Leave Act (NPLA) requires employers of 20 or more employees to provide eligible employees job-protected leave for the birth of a child or the placement of a child for adoption or foster care. At the law offices of SANFORD A. KASSEL, A Professional Law Corporation, we can also assist you with discrimination or violation of these rights if your employer denies you these job-protected leave rights.
How to File a Pregnancy Discrimination Complaint Against Your Employer
If you believe you are a victim of discrimination you may, within one year of the discrimination, file a complaint of discrimination with the Department of Fair Employment and Housing (DFEH). DFEH will investigate and render a determination. Due to the legal complexities and emotional aspects of filing such a claim, it is best to obtain legal guidance and counseling from a qualified attorney before filing a complaint with DFEH.
What To Do If You Have Experienced Discrimination At Work
- The first thing you should do is protect yourself by documenting any and all acts of discrimination that occur against you, including any information about individuals who may have witnessed the acts of discrimination.
- From there contact an experienced Southern California Employment Law Attorney to discuss your case.
- Once retained we will file your complaint with the appropriate federal or California State agency within the designated amount of time and name all responsible defendants.
Contact A Qualified Southern California Employment Law Attorney
Please do not hesitate to contact SANFORD A. KASSEL, A Professional Law Corporation at 909.884.6451, to discuss the strength of your pregnancy discrimination case in more detail and review your possible legal options. We offer free consultations and handle employment law cases on a contingency fee basis meaning we charge no fee unless we recover on your behalf.
