Workplace Discrimination > Pregnancy Discrimination
In California, employees are protected against pregnancy discrimination under both state and federal laws, which ensure pregnant employees, or those affected by pregnancy-related conditions, are treated fairly and without prejudice in the workplace.
These laws aim to ensure fairness in various areas of employment, including hiring, firing, promotions, job assignments, and benefits. By understanding your rights, you can protect yourself against pregnancy discrimination and, if necessary, seek help from an experienced pregnancy discrimination lawyer.
Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating against employees based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers must treat pregnant employees the same as other employees with temporary disabilities concerning job assignments, benefits, and accommodations.
Americans with Disabilities Act (ADA)
While pregnancy itself is not a disability, certain pregnancy-related medical conditions, such as gestational diabetes or severe morning sickness, may qualify as disabilities under the ADA. Employers are required to provide reasonable accommodations to pregnant employees to help them perform their essential job functions, provided these accommodations do not impose undue hardship on the business.
Fair Employment and Housing Act (FEHA)
FEHA offers broader protections than the PDA, prohibiting discrimination against pregnant employees and requiring employers to provide up to four months of disability leave for women who are unable to work due to pregnancy, childbirth, or related medical conditions. Employers are also required to provide reasonable accommodations for pregnant employees.
Pregnancy Disability Leave Law (PDLL)
Under the PDLL, employers with five or more employees must allow employees disabled by pregnancy, childbirth, or related medical conditions to take up to four months of job-protected leave.
California Family Rights Act (CFRA)
The CFRA allows eligible employees to take an additional 12 weeks of unpaid, job-protected leave to bond with a new child or care for their own serious health condition. This is in addition to any disability leave taken for pregnancy or childbirth recovery, under certain conditions.
Harassment
California law prohibits harassment against employees due to pregnancy, childbirth, or related medical conditions.
Retaliation
Retaliation against employees who assert their rights, file complaints, or participate in investigations related to pregnancy discrimination is also strictly prohibited.
Health Insurance
Employers must ensure that their health insurance plans cover pregnancy-related medical expenses just as they would for other medical conditions. This includes prenatal care, childbirth, and postpartum recovery.
An attorney specializing in workplace discrimination can thoroughly investigate your case, gather supporting evidence, and represent you in negotiations or court. With a lawyer by your side, you can focus on your health and family while they handle the complexities of your legal battle.
If you believe you have been subjected to pregnancy discrimination, our team of dedicated pregnancy discrimination lawyers is here to help. We’ll evaluate your case, help you file a complaint, and pursue the justice you deserve.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
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If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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