PREGNANCY DISCRIMINATION IN THE WORKPLACE
A woman’s decision to bear a child should not affect her career prospects. Any action on the part of an employer to discriminate against a woman because she is pregnant is protected by California and federal law. This protection extends to hiring and firing, disciplining or harassing, promoting or demoting, or determining compensation or benefits.
A WOMAN’S RIGHTS AND AN EMPLOYER’S RESPONSIBILITY
A pregnancy is legally considered a temporary disability, and a pregnant woman is entitled to the same consideration and treatment as any other employee who has become temporarily disabled. California’s Pregnancy Disability Leave Law allows up to 16 weeks of pregnancy and childbirth-related leave in any 12 month period. If company policy allows more leave for other temporary disabilities, they must offer an equal amount of such leave for a pregnancy. During this leave, an employer with five or more employees must continue making the same contribution to the employee’s group health insurance premiums as prior to her leave.
Under the law, an employer is not to interfere with or restrain the woman’s exercise of her right to pregnancy-related leave. She may not be fired when the employer learns of the pregnancy or after asking for maternity leave, nor may she be in anyway harassed or told that she will not be taken back at the end of the leave. She cannot be denied a promotion based on the fact that she is pregnant, and the employer cannot withhold any other benefit that would be available to her if she were not pregnant.
LEGAL ASSISTANCE IF YOU’VE BEEN DISCRIMINATED AGAINST BASED ON YOUR PREGNANCY
If you have been fired, threatened with the loss of your job, passed over for a promised promotion, or if you’ve been treated differently or have suddenly started getting unfavorable reviews since announcing your pregnancy, you may be entitled to make a claim against the employer for discrimination and you may be able to recover for lost income and benefits, emotional distress, and harm to your future career prospects. Your best option is to consult with an attorney with experience in employment discrimination law to determine your options.
EXPERIENCED PREGNANCY DISCRIMINATION ATTORNEYS | HAE LAW, LLP
The San Diego employment lawyers at Haeggquist & Eck believe in gender equality in the workplace, which means an end to illegal pregnancy discrimination. We also believe in families. With our legal expertise behind you, you will have the best shot at getting back to work and back on your chosen career track to secure your family’s economic future as soon as you’re reasonably able to do so.
Call today for a free consultation and tell us about your situation.