California is considered an at-will employment state. What this means is that you may be terminated for any reason and under any circumstance. However the exception is when you are terminated for age, race, sex, religion, national origin, sexual beliefs or orientation, marital status, pregnancy, marital status, retaliatory purposes or under the Family and Medical Leave Act. If you have been terminated for any of the above reasons contact our offices for a free consultation. The Law Offices of Joseph Farzam has had successful results with employment matters. All matters are strictly confidential and your consultation is without charge.
Workplace Pregnancy Right Laws under FEHA Fair Employment and Housing and CFRA California Family Rights Act
FEHA pregnancy right cover workers who work in businesses with five or more employees. The rights and regulations provided to employees under the California Family Rights Acts apply to employers who (1) Do business in California and (2) Employ 50 or more part time or full-time workers.
Under FEHA and CFRA an employee that is disabled by pregnancy is entitled to up to four months leave based upon her disability status.
When can I take the leave: Leave for disability base on pregnancy can commence before or after birth. The criteria for when a pregnant female employee is able to take the leave is based on the physical disability she is experiencing due to the pregnancy. Thus pregnancy related conditions, both before or after birth should be the main factor in the decision of when to take the leave. Common physical symptoms of pregnancy and post pregnancy which can form a basis for the commencement of pregnancy leave can be
- Morning sickness – usually of a high severity as requiring bed rest
- Prenatal Care of the pregnant employee
- Doctor ordered bed rest because of medical complication due to the pregnancy
- Post child birth recovery
- Post childbirth medical conditions
Write of Transfer in the Workplace: Pregnancy disabled workers have a right to request for transfer to a less stressful, strenuous or hazardous position within the company they work for during the duration of the pregnancy if those positions are available at the time of the request. Failure to do so will be tantamount to a violation of the rights of the pregnant employee.
Visit these informative page for more information on Pregnancy Rights in the Workplace
Pregnancy Discrimination Lawsuit
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against a pregnant employee. Situations which may cause employment discrimination include the termination of employment because of a pregnancy. Other types of discrimination include pay cutting, promotion discrimination, fringe benefits or reducing such benefits because you are pregnant. Employers are not permitted to discriminate against pregnant employees and are found liable for damages when they do.
Pregnant employees who are not capable to complete their work are required to be treated as a temporarily disabled employee. In such cases different assignment or less labor intensive assignments should be permitted. If the employee is put on leave, it must be consistent with leave offered to temporarily disabled employees.
An example would be if a company offers its temporary disabled employees paid leave, but does not provide the same to pregnancy leave employees. In such instances the employer would be considered liable for pregnancy discrimination.
Pregnancy discrimination cases generally hinge on whether the benefits given to temporary disabled employees are different than those given to pregnant employees. Employers are not permitted to offer discriminate against pregnant employees and by providing different benefits they are effectively doing so.
Health insurance pregnancy discrimination is also a serious issue. Employers are required to cover pregnancy related issues in the same way which they handle other medical conditions. Additionally such benefits including fringe benefits cannot be limited to married employees. They must be provided to all pregnant employees.
Dealing with Pregnancy Leave – Pregnancy Leave Discrimination Claims and Lawsuits
Employees are permitted pregnancy leave either paid or unpaid under certain circumstances. Again the issue is whether temporarily leave is permitted to partially disabled employees. Under FEHA and CFRA, if an employer offers temporarily leave to partially disabled employees, then it must offer the same to pregnant employees.
Paid leave is permitted under certain situations. This includes the duration of your employment, pay structure and the number of employees who work for the company. These facts must be carefully analyzed before making a proper determination for liability.
Employment Injury Attorney – Our Law Firm is Dedicated to Protected the Rights of Pregnancy Discrimination in the Workplace
If you have been a victim of employment discrimination, contact the attorneys at Joseph Farzam Law. Our Law Firm has recovered tens of millions of dollars in compensation for employees who have been discriminated in the workplace due to a disability, physical conduction, sexual orientation or ethnicity.
Our firm has years of experience and can offer you a free consultation to help you better understand your rights. With a dedicated staff, proven results and unmatched experience our offices will deliver results.