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.
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(415) 444-5800Pregnancy Discrimination/ Pregnancy Leave
San Francisco Pregnancy Discrimination and Pregnancy Leave Attorneys
Welcoming a new child into your life should be a time of joy and anticipation, not professional anxiety. Unfortunately, for some employees in California, this exciting transition is overshadowed by the fear of losing their job or facing unfair treatment at work. At the Law Offices of Jeannette A. Vaccaro PC, we believe that no one should have to choose between their career and starting a family. If you believe your rights are being violated, understanding the specific laws regarding pregnancy discrimination and leave is the first step toward protecting your future.
What Constitutes Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an applicant or employee unfavorably based on pregnancy, childbirth or related medical conditions. Under the California Fair Employment and Housing Act (FEHA), this is considered a form of unlawful gender discrimination. While some instances are obvious, such as a sudden demotion after a pregnancy announcement, others are more subtle.
It is vital to recognize the various ways discrimination can manifest in the workplace. An employer may be breaking the law if they:
- Refuse to hire a qualified applicant solely because she is pregnant or of childbearing age.
- Fire or demote an employee shortly after learning of her pregnancy or upon her return from leave.
- Enforce different rules for pregnant employees, such as requiring a doctor’s note for minor absences when other employees are not held to the same standard.
- Deny promotions or pay raises to a pregnant worker based on the assumption that she will be less committed to her job after giving birth.
- Fail to provide reasonable accommodations, such as temporary transfer to a less strenuous position or more frequent breaks, when requested for pregnancy-related conditions.
If you have experienced any of these actions, you may have grounds for a legal claim. Documentation can help bolster your case, so keep records of any discriminatory comments, emails or changes in your employment status.
Understanding Pregnancy Leave in California
California upholds some of the strongest protections in the nation for pregnant workers, providing the time needed to recover from childbirth and bond with your new baby. Understanding the intersection of state and federal laws can be complex, but the core principle is that your job should be safe while you are away.
Your eligibility for leave generally depends on your employer’s size and how long you have worked there. The primary laws protecting your time off include:
- Pregnancy Disability Leave (PDL): This applies to employers with five or more employees. If you are disabled due to your pregnancy, childbirth or a related condition, you may take up to four months of leave. This is available from your first day of employment.
- California Family Rights Act (CFRA): After your disability period ends, eligible employees can take up to 12 weeks of leave to bond with their new child. This is separate from PDL, meaning many parents can combine these leaves for a longer period of protection.
- Job Reinstatement: When you return from protected leave, your employer is typically required to reinstate you to the same or a comparable position with equivalent pay and benefits.
What to Consider When Requesting Pregnancy Leave
When planning to request pregnancy leave, understanding your rights and following best practices can help ensure a smoother process. Notify your employer in writing as early as possible and provide the expected dates and duration of your leave. In most cases, your employer may request documentation from your healthcare provider confirming your need for leave.
It is important to communicate clearly and keep records of all correspondence related to your leave request. You have the right to take pregnancy leave without fear of discrimination or retaliation. If you feel uncertain about how to approach the process or have questions about your rights, consider consulting with an employment law attorney.
Protect Your Career and Your Family
Bringing a child into the world is a momentous occasion, and your career doesn’t have to suffer because of it. If you have been demoted or mistreated due to your pregnancy, legal help is available. The Law Offices of Jeannette A. Vaccaro PC passionately advocates for employee rights, shedding light on workplace injustices. Contact us today for a free case evaluation.
FAQs About Pregnancy Discrimination in California
Is it legal for my employer to deny me a job because I'm pregnant?
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.
What reasonable accommodations can I request during pregnancy?
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.
How much pregnancy leave am I entitled to in California?
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.
Can my employer demote me when I return from maternity leave?
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.
What if my employer treats me differently after announcing my pregnancy?
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.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$475,00
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
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