If you are experiencing pregnancy discrimination in the workplace, you do not have to fight to protect your rights alone. Jimenez Loayza, APC recognizes that pregnancy discrimination is a growing problem in California. We want to safeguard your rights and protect your employment. Contact a San Diego employment lawyer for a free confidential case review.
Prohibited Pregnancy-Related Discrimination
California’s Fair Housing and Employment Act and the federal Pregnancy Discrimination Act prohibit employers from discriminating against an employee because of their pregnancy, plans to become pregnant, or pregnancy-related medical issues. Some common types of pregnancy-related discrimination that are prohibited by these laws include:
- Termination
- Demotion
- Refusing to hire
- Failing to promote
- Job assignments
- Not providing education or training
- Bonuses or benefits
- Terms and conditions of employment
- Failure to provide accommodations for medical conditions related to pregnancy or childbirth
Additionally, employees who assert their rights are protected from retaliation by their employer. Retaliatory acts toward protected workers may include termination, demotion, reducing compensation, or failure to provide work-related benefits because they exercised their rights under state or federal pregnancy discrimination laws.
California Pregnancy Disability Leave Act
California’s Pregnancy Disability Leave Act provides up to four months of leave from work to employees who suffer a pregnancy-related disability or condition that could put them or their pregnancy at risk, regardless of how long they have been employed by the company if the employer has five or more employees and is not exempt from the law. Conditions that might provide a basis for disability leave include:
- Miscarriage
- Hypertension related to the pregnancy
- Preeclampsia
- Gestational diabetes
- Recovery from childbirth
- Postpartum depression
Family and Medical Leave Act
Workers may have additional rights under the Family and Medical Leave Act, which provides the right to an unpaid leave of up to 12 weeks if they are suffering from a serious medical condition, incapacity related to pregnancy, prenatal care, or for the birth of a child.
To qualify for this leave, the worker must:
- Work for a company with 50 or more employees that work within a 75-mile radius of each other
- Work for at least 1,250 hours before using the leave
Paid Family Leave Program
California’s Paid Family Leave program provides partially paid benefits while you are on pregnancy and childbirth leave. This benefit provides up to four weeks of partial paid leave before the employee delivers and up to eight weeks of disability insurance benefits following delivery.
Reasonable Accommodations for Pregnant Employees in California
Pregnant workers can request reasonable accommodations if they are unable to perform the functions of their job because of their pregnancy. Such accommodations may include:
- Taking frequent restroom breaks
- Using a stool or chair
- Using ergonomic office furniture
- Modifying work equipment or machinery
- Having another person assist with physically demanding tasks
- Being provided a temporary leave of absence
- Temporary job reassignment
- Modifying job duties
- Telecommuting
Just like with other types of disability, individuals with pregnancy-related disabilities are not entitled to any accommodation. Their employer may request medical verification of the need for the accommodation. Employers and employees must engage in an interactive process to determine reasonable accommodations.
Contact a Skilled California Employment Lawyer for Immediate Assistance and Guidance
If you are experiencing pregnancy-related discrimination in the workplace, reach out to our San Diego pregnancy discrimination attorneys at Jimenez Loayza, APC. We are dedicated to assisting you with your claim. Contact us today online or call (619) 320-5901 for a confidential consultation.