Updated: Dec 29, 2022
A Quick Guide On Hiring Discrimination Against Pregnant Employees In California
Pregnant job seekers in California often struggle to find work.
In some cases, they might even have to fight to keep their jobs from employers committing wrongful termination or refusing temporary disability accommodations.
This post will focus on hiring discrimination, how it applies to pregnant applicants, and how experienced California pregnancy discrimination lawyers typically handle them.
Can I Sue A Job For Not Hiring Me Because I'm Pregnant?
Yes. Under federal and California law, job applicants who belong to a protected class cannot be discriminated against. "Discrimination" encompasses making employment decisions (i.e., hiring, firing, pay cuts, etc.), harassment, and retaliation.
In our case, refusing to hire an employee on the sole basis of their pregnancy is considered illegal under California labor law.
It might be challenging to prove hiring discrimination based on pregnancy. After all, employers aren't going to admit to not hiring you because you're pregnant. Instead, they'll look for other reasons like being unqualified for the job, not fitting their desired applicant, and so on.
However, if you were to file a hiring discrimination claim, you should have a prescreened pregnancy discrimination lawyer in California assess your case to get an idea of its eligibility. Your Los Angeles pregnancy discrimination attorney can also help compile evidence, find witnesses, and do investigations to solidify your potential claim.
Do You Have To Disclose Pregnancy At A Job Interview In California?
Employers are not entitled to and cannot request the disclosure of your pregnancy status in California. Employers also cannot ask if you're planning to get pregnant.
The only exception is possible accommodations you would need as a pregnant employee.
If you've been asked this question and suspect that it's why you weren't hired, consult a pregnancy discrimination lawyer in California ASAP.
What Qualifies As Pregnancy Discrimination In California?
There are several ways pregnant employees can be discriminated against at work in California, including:
Because of her pregnancy, a disease associated with pregnancy, or the prejudice of coworkers, clients, or customers, an employer cannot refuse to hire a pregnant applicant.
Firing an employee because of pregnancy, the possibility of becoming pregnant, filing for pregnancy leave, or requesting accommodations can fall under wrongful termination in California.
If you've experienced wrongful termination, consult with one of our prescreened Los Angeles pregnancy discrimination lawyers immediately.
3. Maternity Leave
An employer may not sing out pregnancy-related illnesses for extra testing to establish an employee's capacity to work. However, an employer can mandate that workers submit a doctor's statement about their capacity to work before granting leave or paying benefits.
Pregnant employees are allowed to work as long as they can perform their duties. Employers are also not allowed to implement restrictions prohibiting a worker from returning to work for a set period after childbirth.
Do note that pregnancy is considered a temporary disability in California employment law.
An employer must treat a worker equally to any other temporarily impaired worker who is temporarily unable to perform work due to pregnancy. For instance, if an employer permits temporarily disabled employees to adjust work hours, change work assignments, or take disability leave or leave without pay, pregnant employees must also be given the same benefits.
5. Health Coverage
Pregnancy-related conditions must be covered equally with other medical conditions under employer-provided health insurance. Therefore, whether the payment is made on a fixed basis or as a percentage of what is considered a reasonable and customary charge, pregnancy-related expenses should be reimbursed similarly to those incurred for other medical conditions
Find A Prescreened Pregnancy Discrimination Lawyer In California
1000Attorneys is California Bar Association Certified and can refer you to an experienced Los Angeles pregnancy discrimination lawyer in minutes. However, each case is unique, so you need someone best fit to aid, counsel, and represent you in California.
You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.