Pregnancy Discrimination Lawyer in Los Angeles, California
The Leichter Law Firm, APC Los Angeles pregnancy discrimination attorney knows that having a baby brings lots of new challenges even if this is not your first child. One thing you should not have to worry about is being discriminated against at work, or the fear of losing your job based on your family planning decisions.
Both federal and California laws prohibit discrimination against pregnant women and require employers to make reasonable accommodations for them during their pregnancy.
If you believe your employment has been adversely affected because of your pregnancy, or if you were unable to obtain the necessary and legally afforded leave for your condition, contact a Los Angeles County employment discrimination attorney today.
Leichter Law Firm, APC founder, Ari Leichter, will outline your legal rights and options to pursue legal claims against your employer for the overall damages you have suffered because of their discrimination during your pregnancy.
What Federal Laws Protect Pregnant Women in the Workplace?
The Pregnancy Discrimination Act (PDA) is a federal law that prohibits employers from discriminating against a woman based on pregnancy, childbirth, or a pregnancy-related medical condition.
Under the PDA, an employer cannot:
- Require a woman to remain on leave until her baby is born
- Deny a pregnant employee equal pay, fringe benefits, or opportunities for job assignments, promotions, and training
- Prohibit an employee from returning to work for a set amount of time after having a baby
- Identify pregnancy-related conditions for medical clearance procedures that are not required of other employees
- 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
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.
That may include:
- Alternative assignments
- Lighter duty
- Modified tasks
- Disability leave
- Leave without pay
Besides the Pregnancy Discrimination Act, the federal Americans with Disabilities Act (ADA) also require employers to provide reasonable accommodations to employees suffering from pregnancy-related health conditions.
Finally, the federal Family and Medical Leave Act (FMLA) provides pregnant women with unique workplace protections, when they work for a qualifying employer.
FMLA only applies to employees who work for:
- Private-sector employers with 50 or more employees
- Public agencies, regardless of the number of employees
- An elementary or secondary school
To be eligible for FMLA benefits, the employee must:
- Have worked for the employer for at least one year
- Have worked at least 1,250 hours for the employer during the prior year
- Works at a location where the employer has at least 50 workers within 75 miles
When eligible for FMLA benefits a new parent may receive three months of leave that can be used for:
- Inability to work during pregnancy
- Prenatal care, including doctors’ appointments
- Serious health conditions arising from pregnancy or childbirth
- Parental leave
If you are unsure of your FMLA eligibility or believe your employer has violated your rights or discriminated against you for being pregnant, contact the employment law attorney at the Leichter Law Firm, APC today to discuss your treatment during a free consultation.
What California Laws Protect Pregnant Women in the Workplace?
The California Fair Employment and Housing Act (FEHA) prohibits discrimination because of pregnancy or childbirth.
However, unlike the federal laws, the Act applies to all employers who have five or more employees.
FEHA also requires employers to provide pregnant women with reasonable accommodations when they have medical restrictions, even when they do not offer the same accommodations to other disabled employees.
The recently enacted Pregnancy Disability Leave Law (PDLL), which is contained in the FEHA, requires employers to provide pregnant employees with up to four months of leave for a disability due to the employee’s pregnancy, childbirth, or other related medical conditions.
Additionally, under certain circumstances, an employer may be required under the PDLL to transfer an employee with pregnancy, childbirth, or other related conditions to a different job.
The California Family Rights Act (CFRA) applies to employers with five or more workers and provides up to four months of unpaid leave to employees who cannot work because of pregnancy.
If a pregnant employee is eligible for leave under both the federal and state family leave laws, she can take three months of FMLA to leave after the four months offered under state law.
Our Los Angles Discrimination Attorney Serve The Following Practice Area
- Wrongful Termination
- Retaliation Claims
- Wage and Hour Claims
- Age Discrimination
- Disability, FMLA, CFRA
- Pregnancy Discrimination
- Review of Severance Agreement
- Sexual Harassment
The Leichter Law Firm, APC skilled pregnancy discrimination attorney in Los Angeles understands that the protections afforded under both state and federal laws can be confusing.
However, to be clear, pregnancy discrimination in any form is against the law.
If you believe your employer has violated your rights, contact a dedicated pregnancy discrimination attorney in Los Angeles County today to clearly understand your rights and options to hold them accountable.
Contact Our Pregnancy Discrimination Attorney in Los Angeles, California Today
If you have been discriminated against for being pregnant in California, or have had your PDA, ADA, FEHA, FMLA, or CFRA rights violated, contact the skilled California employment law attorney at Leichter Law Firm, APC today by calling 818-915-6624 or online to discuss your legal rights and options during a free consultation.