California Pregnancy Discrimination Laws
California protects pregnant employees in a significant way, but certain employers continue to violate the law. Federal laws have changed so that it is easier to bring pregnancy discrimination lawsuits to court, and as a result the number of lawsuits has risen. Moreover, California law provides protections that are more expansive. At The Nourmand Law Firm, our Los Angeles pregnancy discrimination attorneys can help you file a lawsuit if you suffered from mistreatment in the workplace.California Pregnancy Discrimination Laws
The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on pregnancy. Employers may not take any adverse action, including demotion or termination, retaliation or failure to accommodate an employee who becomes pregnant or has a medical condition related to pregnancy. FEHA applies to any business that regularly employs five or more full-time employees in the prior year.
What if your employer claims that it had some other reason for terminating you or taking another adverse employment action against you, or that its motives were mixed? Under FEHA, you need to show that unlawful discrimination based on your pregnancy was a substantial factor that motivated the adverse employment action. Your employer may argue that it would have made the same decision even if you were not pregnant, and you will need an aggressive and experienced pregnancy discrimination attorney to persuade the court that the other claimed motive was a pretext.
Additionally, under the California Pregnancy Disability Leave Act, a covered employer must allow an employee who has become disabled by pregnancy, childbirth, or a medical condition related to these to take a leave of absence and continue with health insurance during the absence. The reasonable period of leave is not to exceed four months. A pregnant worker may take the leave in one chunk or in multiple smaller chunks. However, your employer does not need to pay you during this leave unless it pays other workers for other types of temporary disability leave. You are supposed to be treated the same as workers on other types of leave in terms of your benefits and the conditions of your employment. Moreover, you may be required to use any accrued sick leave during the leave period. You are eligible to take this leave even if you were recently hired.
Pregnancy Disability Leave can be taken in addition to the time allowed under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) if an employee is qualified.
In addition to leave, an employer is supposed to give a pregnant worker reasonable accommodations to perform their work as needed. Under FEHA, employers may not discriminate against you or retaliate against you for taking pregnancy leave or asking for reasonable accommodations related to your pregnancy disability.
After you give birth, you may be allowed an additional 12 weeks of leave under the California Family Rights Act (CFRA). You may take this leave if your employer employs over 50 employees within a 75-mile radius, if you worked over 1,250 hours in the 12 months before the first day of the leave that you sought, and if you have been working for your employer for more than one year.Retain a Pregnancy Discrimination Attorney in Los Angeles
If you have been subjected to discrimination in the workplace due to your employer’s violation of California pregnancy discrimination laws, the Los Angeles pregnancy discrimination lawyers at The Nourmand Law Firm, APC, may be able to help you file a lawsuit. We also provide aggressive legal representation to workers who have been wronged in San Diego, San Bernardino, Riverside, Palm Springs, Anaheim, Santa Ana, Van Nuys, Beverly Hills, and other areas of Los Angeles, Riverside, Orange, San Diego, and San Bernardino Counties. Call us at 323-895-7800 or contact us through our online form to set up a free appointment with a workplace rights attorney.