Pregnancy Discrimination Claims In California Employment Law
Pregnancy is a huge milestone. But, it shouldn't be a hurdle in your life, including your job. In California, you cannot be discriminated against, wrongfully fired, harassed, and made to suffer unnecessarily for being a pregnant employee.
That said, here are your rights as a pregnant employee in California:
1. Because you are a pregnant employee, you have the right not to be discriminated against.
Employers with five or more employees are not allowed to discriminate against you based on sex under California law, the Fair Employment and Housing Act (FEHA). This includes discrimination because:
You're expecting a child
You were expecting a child
You have a pregnancy or childbirth-related medical problem
You're getting back on your feet after giving birth
You may become pregnant or plan to become pregnant
Furthermore, the federal Pregnancy Discrimination Act of 1978 forbids discrimination against anyone who has had or plans to have abortions.
This means that your employer cannot fire you, refuse to give you a promotion to which you are otherwise entitled, demote you to a lower position, assign you to more menial chores, or force you to take a leave of absence due to any of the pregnancy-related reasons listed above.
If you've been discriminated against for pregnancy (or any status relating to such), hire a prescreened Pregnancy Discrimination Attorney in California ASAP.
2. Because you are a pregnant employee, you have the right not to be harassed.
All employers, regardless of size, are prohibited from harassing you because of your pregnancy or a pregnancy-related reason under the FEHA. Employers must also take all reasonable precautions to prevent discrimination and harassment.
This means that your employer and coworkers may not expose you to uninvited, unwelcome, unpleasant, or abusive conduct because you are pregnant or because of a pregnancy-related reason.
If you've faced harassment, an Inglewood Labor Law Attorney will be able to help you file claims and receive claims you rightfully deserve.
3. Because you are a pregnant employee, you have the right to reasonable accommodations at work.
If your employer employs five or more employees, you have the right to request accommodations at work under the FEHA, and your employer may be required to offer those accommodations.
In addition, if you need a modification in your work style to continue doing your regular job safely while pregnant, your employer is generally required to make the necessary accommodations unless doing so would cause undue hardship to your employer.
For example, a temporary accommodation could be:
Allowing you to work from the comfort of your own home
Changing your break schedule to enable you to rest or go to the bathroom
Having a coworker take on some of your non-essential, physically strenuous chores
Changing your work schedule to let you start your shift earlier or later or work fewer hours each day
Allowing you to sit or stand as needed by providing you with ergonomic office furniture.
If you cannot execute your regular job due to a pregnancy-related condition, even with accommodations, you may be assigned to a less stressful or hazardous role for which you are qualified or may be taught and which you can accomplish while pregnant or with your pregnancy-related condition.
An Employment Lawyer in Inglewood will be able to help you file claims, collect evidence, gather paperwork, and assist in negotiations. Should your employer stay stubborn and refuse to settle, an Inglewood Pregnancy Claim Attorney can take things to court as needed.
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