Pregnancy Discrimination

When you become pregnant, you may be excited about the changes ahead. Unfortunately, employers are not always pleased to find out that their workers are pregnant. They may make assumptions about what you can or cannot do. They may make adverse employment decisions based on pregnancy, childbirth, or a medical condition related to them. If you were subject to pregnancy discrimination in the workplace, you should talk to the Los Angeles pregnancy discrimination lawyers at the Kokozian Law Firm about whether you have a claim for damages.

Both federal and state laws prohibit pregnancy discrimination. The Fair Employment and Housing Act (FEHA) is the state law that forbids pregnancy discrimination regarding all aspects of employment. The federal law that forbids pregnancy discrimination is the Pregnancy Discrimination Act (PDA), which amends Title VII of the Civil Rights Act of 1964.

Under FEHA, it is illegal to discriminate against a pregnant worker because she is pregnant. Discrimination can occur in connection with hiring, termination, demotion, pay, job assignments, promotion, and fringe benefits. If, for example, you are demoted to a lower-paying position because you are pregnant, and your employer does not believe that you can do your job, you may have a claim for damages arising out of discrimination. Similarly, if you apply to a job, but you are not hired because you mentioned in the interview that you are pregnant, you may have a claim for pregnancy discrimination under FEHA. A pregnancy discrimination attorney at our Los Angeles firm can advise you on your rights.

FEHA also entitles you to a reasonable accommodation for your pregnancy. Reasonable accommodations for a pregnancy can include any adjustments to the work environment or your schedule that allow you to perform your job tasks. They can include schedule modifications, more frequent rest breaks or water breaks, an ergonomic chair or other equipment, a temporary job reassignment, a modification to job duties or work equipment, a leave of absence, or the ability to telecommute. Your employer should not take any adverse action against you for requesting a reasonable accommodation. If, for example, your employer does not promote you because you asked for more frequent water breaks as an accommodation for your pregnancy, it may be liable for pregnancy discrimination.

The California Pregnancy Disability Leave Law requires employers to provide employees with a maximum of four months of unpaid leave for a disability caused by childbirth, pregnancy, or a related medical condition. You should not be subject to discrimination for taking this leave. If, for example, your employer reassigned you to a lower-paying position because you asked for PDLL leave, our Los Angeles pregnancy discrimination attorneys can help you pursue a claim.

The California Family Rights Act (CFRA) is similar to the federal Family and Medical Leave Act (FMLA). It allows eligible employees of covered employers to take up to 12 weeks of unpaid leave due to the birth of a child, among other reasons. This leave is separate from PDLL leave. If you work for a covered employer, you can take four months of PDLL leave along with 12 weeks of CFRA leave. You should not face any adverse employment action for requesting or taking this leave.

The Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act, is the federal law that prohibits pregnancy discrimination. If you are temporarily unable to do your job because of a medical condition connected to pregnancy or childbirth, your employer is supposed to treat you as it would treat another temporarily disabled worker. If, for example, your employer permits a worker with pneumonia to telecommute, you may be entitled to telecommute as a reasonable accommodation if you are ordered to bed rest.

In some cases, a pregnancy causes disabling conditions like pubic symphysis or preeclampsia. Certain conditions may constitute disabilities under the Americans with Disabilities Act (ADA).

If you were subject to pregnancy discrimination in your workplace, you may be able to recover damages by filing a lawsuit. At the Kokozian Law Firm, we fight for victims of pregnancy discrimination throughout California. Call us at 323.857.5900 or contact us via our online form.