What is pregnancy discrimination?

Women are protected under state and federal law regarding their employment in the event of pregnancy. When a woman becomes pregnant, her work performance could change and she will need to take medical leave in order to have the child and recover from the event before returning to work. This can affect a company’s income and therefore make it tempting to wrongfully terminate the woman instead of hold her position until her return. This is illegal, as found in the California Government Code and in the Civil Rights Act of 1964.

Common scenarios of pregnancy discriminion lawsuits involve:

. Not reinstated after maternity leave, or offered an inferior job

. Asked to violate pregnancy related medical restrictions

. Not allowed to miss work for pregnancy related medical appointments

. Pregnancy related medical appointments counted against the employee

. Employers do not allow the full time allowed for pregnancy related medical leaves (CFRA/FMLA plus 4 months if warranted) and confusion about which law pertains

If any of the above happened to you, and you are ready to sue (714) 210-8000

Pregnancy Discrimination Laws in California

Cal. Gov. Code § 12945 states that employers cannot refuse to grant up to four months of medical leave for a pregnant woman. Pregnancy discrimination is also listed as illegal under the Pregnancy Discrimination Act of 1978 (an amendment to the Civil Rights Act of 1964) and is considered to be connected to sex discrimination. Pregnancy is a natural cycle that every woman has the right to experience without jeopardizing their livelihood, so speak with an Orange County employment lawyer today if you are worried that you might lose your job due to your pregnancy, or if you have already been wrongfully terminated. Employment Lawyer’s Group could help!

Women who have worked for an employer with more than 5 employees, more than 1,250 hours in the last year are entitled to California Family Rights Leaves (similar to FMLA). In those cases, the employer may have to grant up to 7 months of leave due to pregnancy. More time off is not required under the law. Women who are out a long time on maternity leave may face an employer who claims it is undue hardship to accommodate the leave of absence. The standard for the employer to win is difficult. We have proven before a jury that even for a certified nursing assistant (CNA) it was not an undue hardship to modify the job duties of a pregnant woman so she would not have to lift patients during the period of her pregnancy.

Retain a Pregnancy Discrimination Lawyer in Orange County

For excellent legal representation and advice for any type of employment law situation, contact Employment Lawyers Group. We practice extensively in all kinds of discrimination and harassment cases and can obtain a favorable outcome for your pregnancy discrimination case. We may be able to help you achieve results through mediation, but we are also able to take your case to court and fight for justice on your behalf.

Pregnancy Discrimination Results:

• $225,000 For Pregnancy Harassment
• $125,000 For Termination of a Pregnancy Advertising Executive
• A won binding arbitration resulting in six-figure recovery for a woman fired due to pregnancy
• A won pregnancy discrimination trial resulting in punitive damages against the employer
• A won jury trial resulting in the employer's appeals to the California Supreme Court after they lost