Pregnant Workers’ Rights
Pregnancy discrimination is a growing concern throughout California despite the various laws that address this problem in the workplace.
If you have been targeted at work and have faced employment issues because of your pregnancy, you may be entitled to file a claim and receive compensation. These claims allow you to recover the losses you experienced, such as lost wages, benefits, and bonuses.
To have the best chance at winning your claim, it’s vital that you hire a pregnant workers’ rights lawyer in California. At the California Civil Rights Law Group, our team of pregnant workers’ rights attorneys provides the aggressive representation you deserve.
Learn more about your rights and what to do if you face pregnancy discrimination in the workplace.
Pregnancy Discrimination in California
Pregnancy discrimination happens when a pregnant employee is unfairly treated in the workplace by their employer because they are pregnant, are planning on becoming pregnant, have pregnancy-related medical issues, or are going through active childbirth. Pregnancy discrimination can take many forms, including:
- Failure to promote
- Termination of employment
- Refusal to hire
- Failure to provide reasonable accommodations for pregnancy-related medical conditions
- Refusal to grant certain job assignments
- Demotions
- Refusal to grant benefits or bonuses
There are laws in place to protect pregnant workers from losing their jobs, being demoted, or suffering any other form of retaliation. These laws include the California Fair Housing and Employment Act and the Pregnancy Discrimination Act, which protect you at both the state and federal levels.
They allow you to file a claim to receive lost income and benefits, as well as recover legal fees you may have incurred in the process of taking action against your employer.
Workplace Accommodations for Pregnant Workers
Pregnant workers’ rights include offering reasonable accommodation for pregnant workers. That is because these employees often have limitations related to childbirth or related medical conditions.
An example is a pregnant employee who can’t work standing up for hours at a time and, instead, needs to be provided with stools or seats. They may also need to be granted more frequent bathroom breaks.
Pregnant employees often experience conditions such as:
- Morning sickness
- Preeclampsia
- Gestational diabetes
- Pregnancy-related hypertension
- Postpartum depression
The California Fair Employment and Housing Act makes concessions for these conditions, including requiring employers to provide temporary job reassignments or modifications of job duties during the pregnancy. In some instances, these employees may also need help performing physically demanding tasks.
Pregnant workers’ rights laws also require that employers offer the chance for pregnant employees to take breaks to rest. Schedule modifications, which may include more time for commuting or even the allowance of working from home in eligible jobs, also need to be granted.
Keep in mind that the watchword is “reasonable.” If the changes you require place undue hardship on the employer, they might not have to accommodate them.
California’s Pregnancy Disability Leave Act
The California Pregnancy Disability Leave Act allows pregnant women up to four months of unpaid leave for pregnancy-related disabilities. Throughout this time, their job must be protected. They cannot be fired or demoted, and no one can be hired permanently in their place.
This type of leave is available for all eligible employees, no matter how long they have worked for their employer. The Pregnancy Disability Leave (PDL) Act applies to employers who have five or more employees.
Pregnancy disability leave can be taken before or after childbirth, depending on your health issues. Employers must continue to provide health insurance throughout the leave, however.
It’s a distinct right from that which is offered by the California Family Rights Act or the Federal Family and Medical Leave Act. The PDL can be taken concurrently with any of these.
Pregnant workers’ rights laws in California could also entitle you to paid pregnancy leave via the Paid Family Leave Program. You can receive up to a month of disability insurance benefits before childbirth and up to eight weeks after delivery. Speak with a lawyer about the options you may have.
Filing a Pregnancy Discrimination Claim
If you’ve faced workplace discrimination for pregnancy or a related medical condition, filing a claim is vital. Before doing anything else, consult with a pregnant workers rights lawyer in California. Our team can help you understand your options throughout this process so that you have a clearer idea of what steps to take.
To file a discrimination claim, you will need to first file a complaint with the California Civil Rights Department or the Equal Employment Opportunity Commission. You can do this over the phone, by mail, or online.
A representative from one of these agencies will interview you as well. These agencies can process the claim together because they have a work-sharing agreement.
Having a California pregnant workers’ rights attorney to help you can make starting this process easier. We can assist you in gathering the right evidence to demonstrate that you were discriminated against because of your pregnancy, childbirth, or related medical conditions.
Once you complete the interview, the representatives from these agencies will decide whether an investigation is necessary. If possible, these agencies will try to resolve the problem via mediation so that a lawsuit can be avoided, but that’s not always an option.
In more complex cases, going to court can be the only way to recover the losses you sustained. Never undertake these legal actions without a pregnant workers rights lawyer in California.
Protecting Your Rights as a Pregnant Worker
State and federal law protect pregnant employees from experiencing workplace discrimination. If you have suffered a demotion, lost work assignments, or were terminated because of your pregnancy or related medical conditions, you may be entitled to file a claim and receive compensation.
At the California Civil Rights Law Group, we offer the legal support you need if you have faced these issues. We have decades of experience fighting for pregnant workers’ rights in California, and we offer the compassionate counsel you deserve. Contact our team of attorneys to learn more about how we can help.
Filing a Pregnancy Discrimination Claim
California’s Insurance Gender Nondiscrimination Act ensures that health insurers cannot limit benefits based on a person’s sex, gender identity, or gender expression.
The Transgender, Gender Diverse, and Intersex (TGI) Inclusive Care Act, which was put forth by the California Department of Managed Healthcare (CDMH), not only prevents discrimination in this way, but it also mandates that insurers cover gender affirming care and transition-related healthcare for those who hold a policy.
California law requires employers to treat same-sex spouses and registered domestic partners the same as opposite-sex couples when it comes to healthcare benefits. This means that if an employer offers health insurance to employees’ spouses, all employees must be eligible for that offering.
If you believe that you have not been offered the same benefits as your colleagues because of your gender identity or expression, our California LGBTQ rights lawyers can help you create a plan for moving forward.
Pregnancy Discrimination in the Workplace FAQs
If you’ve been discriminated against at your place of work because you’re pregnant, getting the answers to essential questions can help you understand what to do next.
Yes, it may be possible to sue your employer if they have created a hostile work environment in response to your pregnancy or the request for reasonable accommodations. The emotional distress needs to stem from harassment, discrimination, or unfair treatment.
The Pregnancy Discrimination Act, the California Fair Employment and Housing Act, the California Family Rights Act, and the Pregnancy Disability Act all protect you.
Pregnancy discrimination can take many forms and might begin during the hiring process. An employer who refuses to hire you or even interview you because of your pregnancy or who offers a lower salary or fewer benefits is discriminating against you.
Pregnancy discrimination can also occur while you’re employed. Your employer could refuse to grant you promotions you have earned or could make changes to your benefits or pay.
Harassment could be an issue, too, with comments or jokes made at your expense. Another form of pregnancy discrimination is to be denied reasonable accommodations.
Being terminated or demoted because of pregnancy is another form of discrimination. Sometimes, employers might try to get away with dismissing an employee after childbirth by claiming redundancy, but that’s also illegal.
An example of pregnancy discrimination at work could be if you are not allowed to take bathroom breaks as often as you need to. You could face negative consequences if you take more breaks, potentially leading to demotions.
Another common example of pregnancy discrimination at work is to be passed over for a promotion that you earned just because you are pregnant. Both of these issues give you grounds to file a claim against your employer.
If you are laid off while pregnant, the first thing to do is reach out to a lawyer who has experience with these types of cases. They can help you gather the necessary evidence to show that you were fired because of your pregnancy. With an attorney’s help, you can also file a complaint with the right agencies and prepare for the interview that will follow.
If you’re pregnant, you have the right to take more breaks. If you have a medical condition related to pregnancy that makes working on-site difficult, you also have the right to work from home. The latter may be case-specific, however, depending on your employment. Consult with a lawyer if you’re not sure whether that’s a possibility.
It could be. If you were in line to receive that promotion and it was given to someone else because your employer learned you were pregnant, that is discrimination. You may have the right to pursue a claim to recover your losses.
No. It’s against the law to take these actions against an employee. There are both federal and state laws that protect you from this type of discrimination.
You have the right to take unpaid time off during your pregnancy if there are medical reasons to do so, and you also have the right to take time off after childbirth.
Your job is protected during all of this time, so if your employer gave your employment to someone else, you have the right to file a claim to receive compensation for your losses. Consult with a lawyer to get started.
No. State and federal law protect you from any form of retaliation related to pregnancy or the necessary leave after childbirth. Any action your employer takes against you can become evidence in a discrimination claim.
You are not required to have an attorney helping you as you go through a discrimination claim, but it’s never a good idea to try to represent yourself. You can expect your employer to have legal counsel, so you’ll be at a disadvantage if you don’t.
Your lawyer will help you collect evidence and present a strong case that demonstrates discrimination.
If the case goes to court, it’s imperative that you hire an attorney. Court cases are complex and require experience and a clear understanding of the law.
