Professional Documents
Culture Documents
Imagine you’ve just found out that you’re pregnant. Excitement fills the air as you share the news
with your partner, family, and friends. However, when it comes time to inform your employer, the
reactions may not be as pleasant. In fact, it is quite the opposite. You suddenly find yourself facing
How Can Theory
unfair treatment, being passed over for promotions, or even losing your job. This is pregnancy Law Help You?
discrimination, and it’s a harsh reality for countless women across the United States.
The joy of bringing new life into this world should not be overshadowed by the injustice of
pregnancy discrimination in the workplace. However, pregnant employees continue to face If you need help regarding a legal matter and
unequal treatment, retaliation, and even job termination simply for starting a family. If you believe would like to discuss it with an attorney, please
you are a victim of pregnancy discrimination, get help from a discrimination lawyer in Los Angeles call (310) 500-0206 or complete and submit
at Theory Law APC by booking a confidential and free consultation to review your case. the e-mail form below, and the attorney will
contact you.
Breaking Down the Legal Landscape of Pregnancy
Your name (required)
Discrimination
Full Name
Pregnancy discrimination is unlawful under both California and federal laws. Let’s dive into the
specific laws that protect pregnant employees: Your email (required)
Email
California Laws Protecting Pregnant Employees
Your number (required)
In California, the Fair Employment and Housing Act (FEHA) prohibits pregnancy discrimination and
Phone
offers additional protections to pregnant employees. It is unlawful, under FEHA, for an employer
with five or more employees to discriminate, harass, or retaliate against employees who are
pregnant or have related medical conditions. Employers taking adverse employment actions, such Describe your case (required)
as firing or demoting an employee because of their pregnancy or related medical condition, may
be liable under FEHA. The law also requires employers to provide reasonable accommodations to
employees who are pregnant, disabled due to the pregnancy, or have a related medical condition.
The CFRA gives eligible employees up to 12 weeks of job-protected leave for the birth of a child,
bonding with a child, or to care for a family member’s or the employee’s own serious health Let's Talk
condition, such as a pregnancy-related condition. To be eligible for CFRA, the employee must have
been employed for a total of 12 months before leave and worked at least 1,250 hours for an
employer who has five or more employees. The employer must maintain any health benefits the
employee had, such as health insurance, for the duration of the CFRA leave. However, the Practice Areas
employer is not required to pay the employee for the duration of CFRA leave.
California’s PDL is another type of job-protected leave that allows pregnant employees to take up Sexual Harrassment
to four months of unpaid leave if they are disabled due to pregnancy, childbirth, or have a related
medical condition. For example, employees who are unable to work due to a pregnancy-related
condition, such as severe morning sickness, preeclampsia, recovery from childbirth, or a related Wage and Hour
disability. Employers are also required to provide reasonable accommodations to pregnant
employees upon request, but they are not required to pay the employee while she is on leave. Whistleblower
Part-time employees are also protected. To receive PDL, the employee must be employed by an Workplace Harassment
employer with five or more employees.
The Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act of 1964,
Age Discrimination
prohibits employers from discriminating against employees based on pregnancy, childbirth, or
related medical conditions. Under this law, it is unlawful for an employer to treat pregnant
employees differently than other employees who are similarly situated. For example, an employer Disability Discrimination
may not demote, terminate, or deny a promotion or other employment opportunity because of the
employee’s pregnancy.
LGBTQ Discrimination
Family Medical Leave Act (FMLA)
National Origin Discrimination
Similar to the CFRA, the FMLA is a federal law that gives eligible employees up to 12 weeks of
unpaid leave for the birth of a child, baby bonding, for their own serious health condition or the
Race Discrimination
care of a family member’s serious health condition. The eligibility requirements are the same as
those for the CFRA, however, the employee must work for an employer with 50 or more
employees. If eligible, the employer must maintain the employee’s health benefits for the duration Religion Discrimination
of FMLA.
To bring a pregnancy discrimination claim, the employee must demonstrate several key elements:
Successfully proving these elements can help an employee build a strong pregnancy
discrimination claim and a chance of getting compensated for the employee’s losses, such as back
pay, front pay, out of pocket expenses, attorney’s fees, emotional distress, court costs, and punitive
damages.
Additional breaks
Light duty assignments
Modified work schedules
Temporary transfer to a less strenuous position
Workstation modifications
Employers are also required to participate in the interactive process. This involves communication
between the employee and employer to work together and find potential accommodations that
can allow the employee to perform her job. This process begins when the employee requests an
accommodation.
To request an accommodation, the employee should notify her employer in writing and provide
any necessary documentation from her healthcare provider. As part of the interactive process, it’s
essential to maintain open communication with the employer throughout the process.
There are endless examples of pregnancy discrimination that can affect pregnant employees.
Other examples can include:
Yes, you can take time off work when pregnant under certain circumstances. As you now know, you
may be eligible for Pregnancy Disability Leave (PDL) if you are disabled due to pregnancy,
childbirth, or related medical conditions. Additionally, you can also take time off work under the
Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) for pregnancy-
related conditions, child birth, or bonding with your child.
Our law office focuses on employment law and has extensive experience representing clients in
discrimination cases. We understand the impact that pregnancy discrimination can have on your
career and are committed to fighting for justice on your behalf. Whether you have questions
regarding your accommodations or you need to speak with an attorney regarding an issue at work
related to your pregnancy, we have experience with pregnancy discrimination lawsuits in Los
Angeles and can help you. As soon as you suspect your employer has discriminated against you
because of your pregnancy or related medical condition, book a free consultation or call (310) 500-
0206 to speak with a Los Angeles employment attorney at Theory Law APC today for guidance and
support.
Contact Info
Home Blog
Address: Employment Law Contact
10513 Santa Monica Blvd
Los Angeles, CA 90025 Personal Injury Privacy Policy
About Legal Disclaimer
Phone:
(310) 500-0206
Rodney Yadidi
loading ...
Copyright © 2023 Theory Law APC - All Rights Reserved