Pregnancy discrimination is a grave issue, and in California, it is considered a form of workplace discrimination or harassment. Workers who face mistreatment such as unlawful discrimination or harassment based upon pregnancy at the workplace often find themselves in challenging situations. It is crucial to understand that pregnancy discrimination goes beyond the termination of employment. It encompasses any unfavorable treatment or harassment employees may experience due to their pregnancy, and can include demotions, reduced hours, failure to promote, failure to provide accommodations or leave for pregnancy-related medical conditions, refusal to hire, unfavorable job assignments, and different or denied bonuses and benefits, to name a few.
Dealing with pregnancy discrimination can be daunting, but California and federal labor laws provide safeguards to protect workers from such mistreatment. A pregnancy discrimination lawyer at UELG is here to help you get a better understanding of what constitutes pregnancy discrimination and also to help you file a discrimination claim in California, with the goal of obtaining justice and protecting your pregnancy rights at work.
An overview of the California and federal laws that safeguard workers from pregnancy discrimination in the workplace.
California’s labor laws cover several protected classes, which are groups of people who are protected from workplace discrimination and harassment. Pregnant individuals fall into one of these protected classes. That means that under California law, businesses in California are prohibited from discriminating against or harassing workers in any manner because of pregnancy. The prohibition protects not only full- or part-time and both permanent and temporary employees, but also job applicants, volunteers, unpaid interns, and contractors. The laws protect against discrimination and harassment by employers, as well as by supervisors and managers, and in some cases by coworkers, human resources, and sometimes even third parties. The protections extend to all facets of employment, including hiring, firing, promoting, and providing medical accommodations for expectant mothers.
California’s Fair Employment and Housing Act (“FEHA”) applies to employers with five or more employees (other than religious organizations and nonprofits) and makes it unlawful for employers to discriminate on the basis of pregnancy. The FEHA also requires that employers provide reasonable accommodations to employees disabled by their pregnancy, including time off for prenatal care medical appointments, help with harder physical duties, more frequent breaks, and other job modifications, a period of leave under certain circumstances, and any other reasonable workplace adjustments that will allow pregnant employees to continue working as safely and effectively as possible.
California law also provides pregnant employees and those with newborns with additional leave and other protections, to include California’s Pregnancy Disability Leave Law (“PDL”)(employers with 5 or more employees), the California Family Rights Act (“CFRA”) (50 or more employees), the New Parent Leave Act (“NPLA”)(20 or more employees), Lactation Accommodation (Labor Code §1030)(all employers), California Paid Family Leave (“PDL”)(covered employees though state program), and California State Disability Insurance (“SDI”) program.
Federal laws also protect pregnancy discrimination and pregnancy leave. The Pregnancy Discrimination Act of 1978 (“PDA”) protects women who experience pregnancy, childbirth, or any pregnancy-related condition or disability. Other federal laws offering protection to pregnant workers and those with newborn children include, but are not limited to, the Family and Medical Leave Act (“FMLA”), Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act (“ADA”) and the Pregnant Workers Fairness Act.
To bring a claim for pregnancy discrimination, under California law, a complaint must be filed (online, by mail, or in person) with the California Civil Rights Department (“CRD”)(formerly the Department of Fair Employment and Housing (“DFEH”)) within three years of the discriminatory act. Or, a right-to-sue letter can be obtained from the CRD to allow a lawsuit to be filed in court against the employer. If you file a claim under federal law, then a complaint should be filed with the U.S. Equal Employment Opportunity Commission (“EEOC”). The CRD or the EEOC will conduct an administrative investigation and may decide to pursue an action on your behalf. If they take no action, you can pursue your claim by filing a lawsuit in court.
Because of the various complexities involved in the filing of a pregnancy discrimination complaint, it is wise to consult with a knowledgeable and experienced employment or pregnancy discrimination lawyer at UELG. A skilled UELG pregnancy discrimination lawyer can help you navigate the legal system in order to better protect your rights.
Top 5 reasons to hire a California pregnancy discrimination lawyer:
- Experience, knowledge, and skill in employment laws: A pregnancy discrimination lawyer is well-versed in California’s employment laws and processes, helping to ensure that your rights are protected and the anti-discrimination laws are enforced.
- Investigation and documentation: A pregnancy discrimination lawyer can help gather evidence of discrimination or harassment to help you prove your case. They will help to thoroughly document instances of workplace discrimination or harassment to support your claims.
- Handle the legal procedure: A lawyer can assist you with the legal procedure, whether you’re reporting your claim of pregnancy discrimination or harassment to the California Civil Rights Department (“CRD”) or the Equal Employment Opportunity Commission (EEOC), or filing a lawsuit.
- Increase compensation payment damages: If you are seeking damages for discrimination-related losses like lost pay and emotional anguish, an employment discrimination attorney can calculate all damages and losses you have suffered.
- Protect Your Rights: Pregnancy discrimination lawyers are committed to protecting your rights and holding employers accountable for their conduct.
Get a quick yet informative consultation on initiating a discrimination complaint or lawsuit in California.
For a quick yet informative consultation on initiating a discrimination or harassment lawsuit in California, reach out to a pregnancy discrimination lawyer at UELG. Our skilled and knowledgeable workplace harassment attorneys can assess your situation and advise you on the best course of action, whether that is submitting a complaint with a government agency like the CRD or the EEOC, or bringing a lawsuit in the California courts.
Conclusion
When faced with workplace discrimination in California, including pregnancy discrimination or harassment, it is critical to hire a pregnancy discrimination lawyer at UELG to help you seek justice and safeguard your rights. Pregnancy discrimination is a violation of California and federal labor laws, and California’s legal system provides ways for these injustices to be addressed. You can navigate the legal procedure, acquire evidence, and have a better opportunity to protect and safeguard your rights by consulting with and hiring a knowledgeable, experienced, and skilled lawyer at UELG. Don’t suffer in silence — take action and hire a pregnancy discrimination lawyer to fight for your rights.
Visit our website at United Employees Law Group, or reach out to us at (888) 455-7434.