Anaheim Pregnancy Discrimination Lawyer

Finding out you are pregnant is a significant life event often filled with excitement and questions, especially regarding workplace accommodations. Understanding your rights as a pregnant employee in California is important to ensure that you are receiving fair treatment and can identify discrimination. If you are experiencing harassment or unfair treatment related to pregnancy, you should contact a law firm and consult with an Anaheim pregnancy discrimination lawyer.

Pregnancy discrimination is a form of sex-based employment discrimination that is illegal at state and federal levels and includes unfair treatment based on:

• Past, future, or current pregnancy
• Birth control
• Breastfeeding
• Abortion
• Medical conditions related to pregnancy, such as gestational diabetes and severe morning sickness
• Asking for reasonable accommodations

California law requires most employers to offer these rights and benefits to pregnant employees:

Pregnancy Disability Leave

Employers must allow full-time employees up to 693 hours of leave. This leave can be taken intermittently, including prenatal care appointments, or all at once. This law also covers conditions like morning sickness and postpartum depression.

Paid Health Insurance

Employers must continue to pay for an employee’s health insurance during pregnancy disability leave.

Reinstatement Rights

Employees returning from leave have the right to reinstatement to their original or a comparable position. Employers can only refuse reinstatement if they can prove that doing so would not cause undue business hardship.

Employers must make reasonable accommodations for employees to pump breast milk during work hours, including break time and in a private location. They must also provide reasonable accommodations for employees if their job duties become difficult due to pregnancy.

The U.S. Equal Employment Opportunity Commission (EEOC) is a government agency responsible for investigating workplace discrimination complaints and enforcing federal laws that prohibit it, including:

Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA), enacted in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, provides additional safeguards against discrimination in the workplace. While Title VII addresses broader issues of equal employment opportunity, the PDA specifically prohibits discrimination based on pregnancy, childbirth, or related medical conditions.

Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) took effect in June 2023 and mandates that employers with at least 15 employees provide reasonable accommodations for pregnant employees or those experiencing pregnancy-related conditions as long as those accommodations do not impose an undue hardship on the employer.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) requires certain employers to provide eligible employees with up to 12 weeks of unpaid leave to address medical needs, including prenatal care, pregnancy, and childbirth. Employees are protected from termination or denial of reinstatement upon returning from FMLA leave.

Americans with Disabilities Act

While pregnancy itself is not classified as a disability under the Americans with Disabilities Act (ADA), certain pregnancy-related conditions, such as gestational diabetes, preeclampsia, or severe morning sickness, may qualify as disabilities. Employers are prohibited from discriminating against employees based on these pregnancy-related disabilities.

New Parent Leave Act

California’s New Parent Leave Act (NPLA) mandates that employers with 20 or more employees offer eligible employees job-protected leave to care for a newborn or adopted child.

Pregnancy discrimination can be subtle, so it is important to be aware of the potential signs. You may have grounds for a pregnancy discrimination claim if your employer has engaged in any of these behaviors:

• Terminating you for getting pregnant or thinking you are pregnant
• Disciplining you for pregnancy-related absences, such as extreme morning sickness or doctor’s appointments
• Refusing you reasonable accommodations
• Denying FMLA leave
• Pay or benefit cuts
• Terminating you upon return from leave

If you suspect you have been discriminated against, you should protect yourself by documenting anything that has happened to you and noting any witnesses and their contact information. Be sure to include the date, time, and location. This could become evidence if you file a lawsuit or complaint.

You should notify your employer about the discrimination you are experiencing. They will have policies and procedures in place to mitigate the issues and may be willing to solve them without legal action.

If discussions with your employer do not resolve the issue, you may need to file a complaint with the California Civil Rights Department (CRD). There is a statute of limitations on pregnancy discrimination lawsuits, and it is generally one year from the date of the last discriminatory act. The CRD will provide you with a right-to-sue letter if they find you have a case.

It is crucial to consult with an Anaheim employment law attorney who can advise you on your rights, guide you through the legal process, and represent you in negotiations or court proceedings.

Our Law Firm advocates for the rights of pregnant employees. We can provide comprehensive legal guidance, including:

• Claim evaluation: Assessing your situation to determine if you have a valid claim.
• Legal consultation: Explaining your rights under state and federal law.
• Evidence gathering: Collecting documentation and witness statements to support your case.
• Complaint filing: Assisting with filing a complaint to state or federal agencies.
• Negotiation: Working with your employer to seek a resolution without litigation.
• Litigation: Representing you in court if necessary, including depositions, trial preparation, and advocacy.
• Emotional support: Offering defiance and support throughout the legal process.

Don’t let job worries interfere with your focus on becoming a parent. If you suspect pregnancy discrimination in your workplace, contact the California Employment Counsel, APC. We are dedicated to helping you understand and protect your rights. Contact our experienced attorneys today.