Orange County Pregnancy Discrimination Lawyers
Some employers don’t welcome your “baby news.” They view a pregnant woman as a disruption, and parental leave as a frivolity or an expense. This attitude can lead to harassment, retaliation or even termination of employment.
You should not have to face that during your pregnancy. At California Employment Counsel, APC, we have the experience to hold employers accountable for pregnancy discrimination and backlash. Our lawyers will pursue monetary compensation for your economic and emotional harm.
Examples Of Pregnancy Discrimination in Costa Mesa
Discrimination of all kinds can be insidious. It is important to recognize the signs of pregnancy discrimination. You may have a case for pregnancy discrimination if your employer has done something like:
- Fire you for getting pregnant or perceived pregnancy
- Impose disciplinary action for pregnancy-related absence (e.g., morning sickness or prenatal care appointments)
- Refuse reasonable accommodations for pregnancy
- Deny pregnancy disability leave
- Deny a request for or retaliate against taking baby bonding leave
- Deduct pay or cut benefits
- Fire you upon returning from leave
These actions all violate California laws in place to protect pregnant women and new parents.
California Law Protects You
Being pregnant places you in a protected class under state and federal law, meaning employers may not discriminate against or harass you due to your pregnancy, intention to get pregnant or intention to take leave for pregnancy or baby bonding. California law also protects dads who take baby bonding leave.
There are several laws you should know about if you are facing pregnancy discrimination:
- Pregnancy disability leave (PDL) law. This requires California employers with five or more employees to grant up to 17 weeks of leave for pregnancy-related disabilities or childbirth-related disabilities, in addition to any bonding leave.
- California Family Rights Act (CFRA). This requires employers with 50 or more employees to grant up to 12 weeks of job-protected family care and medical leave. This includes time off after a baby is born, or after an adoption or foster care placement. The purpose of this time is bonding with the child or for taking care of a newborn’s serious health condition. This is not only for “maternity leave” — moms and dads can both take CFRA leave.
- Fair Employment and Housing Act (FEHA). This requires employers to make reasonable accommodations (including additional leave) for time away from work after PDL and CFRA time is exhausted, if the employee has an ongoing disability stemming from pregnancy or childbirth.
By understanding these laws, you can understand your rights in California.
Protecting Your Rights During And After Pregnancy
Being pregnant is challenging enough on its own. You shouldn’t have to deal with illegal treatment from your employer during or after your pregnancy.
Pregnancy leave, with job protection, is provided by state and federal law. Maternity leave is protected by the California Family Rights Act (CFRA). It is illegal for your boss, manager or company to discriminate against you or retaliate against you because of your pregnancy.
Five Signs Of A Serious Problem
At California Employment Counsel, APC, based in Orange County, we are familiar with all the difficulties female employees can experience during the pregnancy and postpartum months. You should talk to an experienced employment lawyer if:
- You are demoted or transferred because of your pregnancy.
- Your boss gives you unfavorable or unfair assignments or bad shifts.
- Your employer gives you poor performance reviews that are inaccurate.
- Your employer wrongly terminates you, fires you or lays you off for taking pregnancy or maternity leave, bonding with your baby or caring for a baby with a medical condition.
- You are harassed or disciplined for going to medical appointments, taking restroom breaks.
Were Your Pregnancy Or Parental Rights Violated?
You should be able to focus on your impending parenthood without worrying about your job. If your rights have been violated, call California Employment Counsel, APC. Employment law is all we do, and we are known for our service and our results. You can talk to our pregnancy discrimination attorneys in a free consultation. Contact us online or call (714) 462-8376 to reach our Costa Mesa office. We serve clients throughout Orange County and beyond.
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