According to a study by the California Women’s Law Center, nearly half of all pregnant women in the state reported experiencing some form of discrimination on the job. Pregnancy discrimination can take many forms, including being denied a promotion or equal pay, being forced to take unpaid leave, or even being fired outright.
If you are pregnant and have experienced discrimination on the job, it is important to know that you have rights under both state and federal law. The California Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act (PDA) both prohibit employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions.
It is also important to note that under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) an employer is required to hold an employee’s job for them for up to 12 weeks for the birth, adoption, or foster care placement of a child, or for the care of a parent, spouse, or child with a serious health condition. An employer is also required to reinstate the employee to the same or an equivalent position upon their return from leave.
One of the most common forms of pregnancy discrimination is being forced to take unpaid leave. Under FEHA, pregnant employees are entitled to the same leave as other temporarily disabled employees. This means that if your employer provides leave for employees with a broken arm or the flu, they must provide the same leave for employees with pregnancy-related conditions.
Another common form of pregnancy discrimination is being denied a promotion or equal pay. Both FEHA and the PDA prohibit discrimination based on sex, which includes discrimination based on pregnancy. This means that if you are passed over for a promotion or paid less than a male colleague because of your pregnancy, your employer may be in violation of the law.
If you have experienced pregnancy discrimination on the job, it is important to speak with an experienced employment law attorney as soon as possible. At Salusky Law Group, our attorneys have extensive experience handling pregnancy discrimination claims and are committed to protecting the rights of employees in California. If you have any legal questions or concerns, please do not hesitate to call us today.
Contact Salusky Law About Your Case
At Salusky Law Group, we have the knowledge and expertise to advocate for your rights and help you navigate the legal process. If you have experienced discrimination in the workplace, please contact us for a free confidential consultation at (562) 855-0004.