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Experienced Pregnancy Discrimination Attorneys in Pasadena, California
At Romero Law, our skilled Pasadena employment law attorneys know that when California employees are building their families, their personal and professional lives change the moment they know they are pregnant.
The one thing that should never change is how they are treated in the workplace. In California, it is illegal — under both federal and state laws — to discriminate against pregnant women or to retaliate against them for choosing to have a family.
Likewise, California employers are required to make reasonable accommodations during their pregnancy, including those necessary for any related medical conditions that accompany their pregnancy.
If you believe you are being discriminated against, that your employment has been adversely affected because of your pregnancy, or if you were unable to obtain the necessary and legally afforded leave for your condition, we can help. Contact us today to learn more.
Which Federal Laws Protect Pregnant Women in the California Workplace?
The Pregnancy Discrimination Act (PDA) is the federal law that prohibits employers from discriminating against a woman based on pregnancy, childbirth, or a pregnancy-related medical condition.
Under PDA, it is illegal for a California employer to:
- Deny a pregnant employee equal pay, fringe benefits, or opportunities for job assignments, promotions, and training.
- Refuse to grant a pregnant employee temporary disability leave if other employees are given the same right.
- Identify pregnancy-related conditions for medical clearance procedures that are not required of other employees.
- Require a woman to remain on leave until her baby is born.
- Prohibit an employee from returning to work for a set amount of time after having a baby.
- Refuse to hold a job for a pregnancy-related absence for the same length of time that jobs are held for employees on disability or sick leave.
Does Federal Law Require Employers to Provide Workplace Accommodations for Pregnant Women in California?
Both PDA and the federal Americans with Disabilities Act (ADA) require employers to give pregnant employees the same workplace accommodations provided to temporarily disabled employees, or to those who are on leave for health conditions.
That may include alternative assignments, lighter duty, modified tasks, disability leave, and leave without pay.
Our Pasadena Employment Law Attorneys Also Focus on the Following Practice Areas:
- Disability Discrimination
- Employment Misclassification
- Fair Employment and Housing Act
- Racial Discrimination
- Wage & Hour Law
- Whistleblower Retaliation
- Workplace Safety Lawsuit
- Employment Discrimination
- Employment Harassment
- Family and Medical Leave Act
- Age Discrimination
- Independent Contractors Misclassification
- Sexual Harassment
How Does the Federal Family and Medical Leave Act Protect Pregnant Women in California Workplaces?
The federal Family and Medical Leave Act (FMLA) provides pregnant women with additional workplace protections when they work for a qualifying employer.
FMLA only applies to employees who work for:
- Public agencies, regardless of the number of employees.
- An elementary or secondary school.
- Private sector employers with 50 or more employees.
To be eligible for FMLA benefits, the employee must:
- Have worked for the employer for at least one year.
- Have worked at least 1,250 hours for the employer during the prior year.
When eligible for FMLA benefits, employees may receive three months of leave that can be used for:
- Inability to work during pregnancy.
- Prenatal care, including doctors’ appointments.
- Health conditions arising from pregnancy or childbirth.
- Parental leave.
How Do California Laws Protect Pregnant Women in the Workplace?
California’s pregnancy discrimination laws supersede federal pregnancy discrimination laws and provide additional protections for pregnant women in the workplace.
The California Fair Employment and Housing Act (FEHA) prohibits discrimination because of pregnancy or childbirth and applies to all employers who have five or more employees.
Like federal laws, FEHA requires employers to provide pregnant women with reasonable accommodations when they have medical restrictions. However, this protection is required even when employers do not offer the same accommodations to other disabled employees.
- Pregnancy Disability Leave(PDL) requires employers to provide pregnant employees with up to four months of leave for a disability due to the employee’s pregnancy, childbirth, or other related medical conditions, or transfer an employee with the same.
- California Family Rights Act(CFRA) applies to employers with five or more workers and provides up to four months of unpaid leave to employees who cannot work because of pregnancy.
If a pregnant employee is eligible for leave under both the federal and state family leave laws, she can take three months of FMLA leave after the four months offered under state law.
Contact Our Skilled Pregnancy Discrimination Attorneys in Pasadena, California Today
If you believe your employer is violating your rights as a pregnant employee in California, or if you are being discriminated against in any way, contact our experienced Los Angeles County pregnancy discrimination lawyers today to learn more about your legal rights and options to hold your employer accountable for their employment law violations.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online