Whether you are presently pregnant or trying to get pregnant, if you work in California, you are protected against pregnancy-related discrimination by both state and federal legislation. However, many firms still discriminate against workers who are or become pregnant despite this protection.
Knowing your rights is frequently the first step in avoiding pregnancy-related prejudice. An employment law attorney can assist you in determining whether you have a claim if you have experienced pregnancy-related workplace discrimination. Contact PLBH at(800) 435-7542 if you need help.
The background of pregnancy rights for workers
The Pregnancy Discrimination Act of 1978, a federal law that modified Title VII of the Civil Rights Act of 1964, is one of the best defenses against discrimination. This law forbids discrimination against women based on pregnancy, delivery, or other associated medical circumstances and mandates that they be treated equally for all employment-related purposes.
Pregnancy is not a disability as defined by the Americans with Disabilities Act (ADA). However, it can be regarded as a disability under federal law if a person experiences problems as a result of pregnancy. According to California law, employers must grant women who are disabled as a result of pregnancy, delivery, or associated medical issues up to four months of disability leave.
You cannot legally be fired for being pregnant
It’s important to note that if you get pregnant while working, you cannot be dismissed for being pregnant. In a similar vein, a potential employer cannot reject you based only on your pregnancy. However, many businesses will come up with another excuse rather than admitting that this is the reason they are not employing or firing someone.
A knowledgeable employment law attorney can help you seek for indications that you were actually subjected to pregnancy-related discrimination. It might be a clue that your termination was connected to your pregnancy, for instance, if you were instructed not to return from your maternity leave because the company is shrinking but you are aware that new hires have been made.
You may have been subjected to discrimination because of your pregnancy if you find out that a less qualified applicant was recruited for a certain position instead of you and that applicant was not pregnant.
Your rights to pay and benefits while pregnant
Despite the fact that both federal and Californian law forbid pregnancy discrimination, neither of these laws impose any obligations on companies to offer paid leave to staff members who become pregnant or give birth. A federal statute known as the Family and Medical Leave Act (FMLA) compels employers who are subject to it to offer at least 12 weeks of unpaid leave for medically necessary reasons, including leave to care for a newborn or adopted child. Although companies are not compelled to compensate employees for this time off, the California Family Rights Act (CFRA) may permit employees to take additional time off to care for newborns or adopted children.
Contact an employment law attorney if you have been discriminated against for being pregnant
In America, pregnancy discrimination occurs much too frequently and is often difficult to document. You can make a compelling argument that you were subjected to discrimination because of your pregnancy or another similar condition with the assistance of a skilled employment law attorney.
Our attorneys at PLBH are skilled in all facets of employment law, including pregnancy-related discrimination. To schedule a free first consultation and learn more about how we may assist you if you have experienced employment discrimination, contact our office right away at (800) 435-7542 or info@plblaw.com.