Pregnancy Discrimination at Work
Pregnancy discrimination at work is illegal! This should be a joyful time to prepare for a new baby that will soon come into the world but you are not sure when to begin your Maternity Leave or if you can take maternity leave. Most employers have an obligation to allow pregnant employees to take Maternity Leave or Pregnancy Disability Leave. Unfortunately, employers often see their obligations under the law as a burden and try to avoid their duties to pregnant employees.
Pregnancy discrimination may have occurred if a qualified employer (5 or more employees) does any of the following because of your pregnancy:
- Denial of Maternity Leave
- Termination of your employment
- Denial of employment, promotion or scheduled pay increase
- Negative employment decisions because of your pregnancy
- Won’t provide reasonable modification to job duties or equipment to accommodate a pregnancy-related disability (work restrictions)
A common form of pregnancy discrimination is terminating a pregnant employee to avoid providing time off for prenatal care appointments or possible leave in the future. Employers are required to provide accommodation to a woman disabled by pregnancy.
Can I Take Maternity Leave?
We can help you understand what Maternity Leave is best for you and navigate the confusing overlap between Pregnancy Disability Leave (PDL), Family Medical Leave Act (FMLA), and California Family Rights Act (CFRA). Many employers incorrectly classify Maternity Leave and Pregnancy Disability Leave time off as FMLA or CFRA and then refuse to provide time off when the employee is entitled to it. If you aren’t sure of what Maternity leave you are entitled to, give us a call. Most pregnant women in are entitled to time off for Maternity Leave.
Protect Yourself Against Pregnancy Discrimination
Pregnancy Discrimination can happen at the worst time. Being denied Maternity Leave, PDL, FMLA or CFRA creates a financial strain on new families and can cause damaging emotional stress. It can cost you your job and damage your family relationships at a time when unity is important. Although the law strictly prohibits it pregnancy discrimination occurs regularly. If you fear it is happening to you or a loved one, contact us to discuss your rights.
Economic and emotional damages usually occur when these laws are violated. If you believe you may been the victim of pregnancy discrimination it is important that you protect your case. Pregnancy discrimination, harassment or retaliation should not force you to quit. Get help instead. We know how to fight against pregnancy discrimination. We won’t pressure you and we won’t tell your employer. Call Hogie & Campbell for a Free Consultation at (714) 508-6422.
Hogie & Campbell | Pregnancy Discrimination
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