Discrimination on the basis of "pregnancy, childbirth, or related medical conditions" is treated as sex discrimination under both federal and state law. To establish a prima facie case of pregnancy discrimination, an employee must show that her employer knew she was pregnant and show evidence of pregnancy-discriminatory motive on the employer's or supervisor's part. Pregnancy is treated as a temporary, nonoccupational injury or disability. It is unlawful for employers "to refuse to provide reasonable accommodation" requested by an employee on the advice of her health care provider, for conditions related to pregnancy, childbirth or related medical conditions. Pregnancy discrimination also violates the California Constitution's Article I, Section 8 ban on sex discrimination. Therefore, even employers with fewer than 5 employees who discriminate against an employee because she is pregnant is subject to liability for wrongful discharge in violation of public policy. Multiple laws protect women of child bearing years. These laws include the:
- Family and Medical Leave Act
- California Pregnancy Disability Leave Law
- Pregnancy Discrimination Act
- California Family Rights Act
Los Angeles Employee Rights Attorneys
Many employers do not understand that protected leave rights under one of theses Acts may not diminish or affect leave rights under another Act. For example, you may be entitled to 16 weeks leave under the California Pregnancy Disability Leave Law and an additional 12 weeks under the California Family Rights Act.
You may be a victim of pregnancy discrimination, if you have experienced:
- Reduction in responsibilities
- Denial of maternity leave
- Demotion before, during or immediately after your leave
- Reduction in pay
- Loss of employment before, during or following your leave
Contact a lawyer at our Los Angeles firm by completing the e-mail form on this website or call us. We offer a free consultation about employee rights. Call us toll free at 866.604.3950.
DON'T LET PREGNANCY DISCRIMINATION GO UNCHALLENGED. CALIFORNIA LAW PROTECTS EMPLOYEES FROM WRONGFUL TERMINATION AND OTHER FORMS OF DISCRIMINATION MOTIVATED BY A WOMAN'S PREGNANCY. OUR ATTORNEYS ARE FORCEFUL ADVOCATES THAT WILL HELP YOU ENFORCE YOUR LEGAL RIGHTS. IF WE REPRESENT YOU, WE WILL PRESENT YOUR CLAIMS WITH DEDICATION, DETERMINATION AND DILIGENCE. WITH MORE THAN TWENTY YEARS OF EXPERIENCE, WE KNOW HOW TO NAVIGATE YOUR CLAIM TOWARDS A SUCCESSFUL OUTCOME.
