Who is Protected Under the Pregnancy Discrimination Act?
At the Leichter Law Firm, APC, the Los Angeles, California employment law attorney, Aryeh Leichter, represent woman throughout California who are being discriminated against at work based on pregnancy, childbirth, or a pregnancy-related medical condition.
While California has specific pregnancy protections, employment attorneys across the country get frequent questions about the federal Pregnancy Discrimination Act, and how it protects them.
Here is what all women should know about their rights in the workplace.
What is the Federal Pregnancy Discrimination Act?
The Federal Pregnancy Discrimination Act (PDA) prohibits workplace discrimination against women based on pregnancy, childbirth, or a pregnancy-related medical condition in all aspects of employment, including hiring, firing, promotion, pay, and other employment benefits.
It prohibits policies that limit or prevent women from doing jobs simply because they are pregnant or of childbearing age by companies with 15 or more employees.
Under the PDA, an employer cannot:
- Deny a pregnant employee equal pay, fringe benefits, or opportunities for job assignments, promotions, and training.
- Identify pregnancy-related conditions for medical clearance procedures that are not required of other employees.
- Prohibit an employee from returning to work for a set amount of time after having a baby.
- Refuse to grant a pregnant employee temporary disability leave if other employees are given the same right.
- 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.
- Require a woman to remain on leave until her baby is born.
Employers must also give pregnant employees the same workplace accommodations provided to temporarily disabled employees, or to those who are on leave for health conditions.
Additional Federal and State Protections Apply to Working Women Based on Pregnancy, Childbirth, or a Pregnancy-Related Medical Condition
Additional federal laws that protect women in the workplace include their entitlement to the same amount and type of leave that is provided to employees with other types of short-term disabilities, under the Family and Medical Leave Act.
In California, protections extend even further under the California Family Rights Act, the California Fair Employment and Housing Act, and the Pregnancy Disability Leave Law, including the additional requirements for accommodating nursing mothers provided under the Fair Labor Standards Act. If you believe you are being discriminated against in the California workplace based on pregnancy, childbirth, or a pregnancy-related medical condition, you do not have to pursue a claim against your employer on your own.
Contact the Leichter Law Firm, APC Pregnancy Discrimination Attorney in Los Angeles
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and pregnancy discrimination attorney in Los Angeles today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.