San Francisco Pregnancy Discrimination Attorneys
California law protects employees against pregnancy discrimination, which is a form of gender-based discrimination. However, far too many workers continue to be subjected to this type of discrimination, as they are terminated or looked over for a promotion after announcing their pregnancy to an employer. But workers have every right to pursue creating a family while being employed in California, in addition to 12 weeks of family leave under the California Family Rights Act and federal Family Leave and Medical Act. Pregnant employees experiencing pregnancy-based medical conditions may qualify for additional time off.
It’s essential to understand your rights under the law and what you can do if a potential or current employer doesn’t abide by them in relation to your pregnancy or childbirth. If your rights were violated, reach out to a seasoned San Francisco pregnancy discrimination lawyer to discuss your options.
The Laws Prohibiting Pregnancy Discrimination
The Fair Employment and Housing Act (FEHA) in California prohibits gender discrimination at work, which encompasses pregnancy discrimination. Pregnancy discrimination can happen in almost any aspect of employment, including:
- Hiring
- Firing
- Promotion
- Pay
- Approval of time off
- Other employment benefits
The FEHA also forbids policies that limit or prevent women from performing jobs just because they are pregnant or of childbearing age. It also prohibits policies that disparately affect women because they are pregnant or could become pregnant.
Under California law, an employer may not:
- Fire an employee because she is pregnant
- Refuse to hire an otherwise qualified woman because she is pregnant
- Require a pregnant employee to bring a doctor’s note verifying her ability or inability to work when other employees are not required to follow similar protocol if they are injured or ill
- Fail to restore an employee who returned from pregnancy leave to her former position or one like it
- Treat an employee differently because she is pregnant, including demoting her, decreasing her hours, or removing privileges/responsibilities
- Enact a rule that employees may not return to work for a certain amount of time before or after giving birth
- Penalize an employee who takes time off for prenatal doctor appointments when other employees are not penalized when they leave for medical reasons
- Ignore an employee who is otherwise qualified for a promotion or pay raise because she is pregnant
Many employers still wrongly believe that women who are pregnant or might become pregnant will cause disruptions to operations, but women have the right to the same employment opportunities as other workers.
Examples of Pregnancy Discrimination
Pregnancy discrimination involves treating applicants or employees unfairly due to pregnancy, childbirth, or other related conditions. Pregnancy discrimination can include any of the following conduct by an employer:
- Refusing to hire an applicant because they are pregnant
- Firing or demoting an employee due to pregnancy
- Denying the same or a similar position to a pregnant employee when she returns from a pregnancy-related absence
- Treating a pregnant employee differently than other employees who are temporarily disabledÂ
Sometimes pregnancy discrimination is blatant, and other times, it’s not. If you feel like you are being treated differently or unfairly by an employer or a potential employer because of your pregnancy, a reputable San Francisco pregnancy discrimination attorney can review your case and advise you of the best next steps.
Explore Your Legal Rights with a Skilled San Francisco Pregnancy Discrimination Lawyer
At the Law Offices of Jeannette A. Vaccaro PC, we want you to know that you have legal rights when it comes to workplace pregnancy discrimination. If you’ve been treated illegally, a seasoned San Francisco pregnancy discrimination attorney from our firm can help you explore your rights and options. Contact us today to schedule a confidential case review.
FAQs About Pregnancy Discrimination in California
No, your employer cannot legally terminate your employment solely because you are pregnant. If you believe you were fired due to your pregnancy, you may have grounds for a wrongful termination lawsuit and should consult with an experienced employment attorney immediately.
Absolutely not— it is illegal for an employer to refuse to hire you based on your pregnancy or the possibility that you might become pregnant. Employers cannot ask about pregnancy status during job interviews or make hiring decisions based on assumptions about pregnant applicants.
California law requires employers to provide reasonable accommodations for pregnancy-related conditions, such as modified work schedules, temporary transfers to less strenuous positions, or permission to take more frequent breaks. Your employer is required to engage in a collaborative and interactive process to assess and determine the appropriate accommodations unless they can prove it would cause undue hardship.
Under California law, eligible employees can take up to 12 weeks of unpaid leave under the California Family Rights Act (CFRA) for pregnancy and bonding with a new child. You may also be entitled to additional time off for pregnancy-related disabilities under the Fair Employment and Housing Act.
No, your employer cannot demote you solely because you took maternity leave or due to your pregnancy. California law requires employers to restore employees returning from pregnancy-related leave to the same or comparable position with equivalent pay and benefits.
If your employer begins treating you differently after learning of your pregnancy, such as excluding you from meetings, reducing your responsibilities or making negative comments, this may constitute pregnancy discrimination. Document these incidents carefully and consider consulting with an employment attorney to protect your rights.