Orange County Pregnancy Discrimination Lawyer

Denial of Pregnancy Accommodations

Under federal and California laws, such as the PWFA, California’s Pregnancy Disability Leave Law (PDLL), an employer is required to provide reasonable accommodations to employees who are impacted by pregnancy, childbirth, or related medical conditions. Some examples include:

• Light duty
• Time off for prenatal care
• Additional rest or bathroom breaks
• Modified work schedules

Sometimes, an employer denies a request without a meaningful conversation. In other cases, they only consider a single option and ignore alternatives. When these situations occur, the employer may be violating pregnancy discrimination laws. An employer’s refusal to accommodate pregnant workers creates false dilemmas for workers between their health and livelihood. Therefore, it is important to document every request for accommodation and your employer’s response.

Wrongful Termination During or After Pregnancy

Pregnancy discrimination may happen in the form of an adverse employment action, like a change in job status or hours. It could also be a threat of termination after an employer becomes aware of a pregnancy or a request for pregnancy leave. An employer may offer a different, nonpregnancy-related reason for the action, like poor performance, restructuring, or attendance problems.

In such cases, the timing of the action and the context in which it occurred may give evidence that the real reason for the action was pregnancy bias. Adverse employment actions taken because of pregnancy or childbirth are unlawful under the PDLL, CFRA, Title VII, and PWFA.

Examining the sequence of events leading to the employment decision, comparing how nonpregnant employees are treated, and reviewing past performance reviews may uncover more subtle discrimination, which an employer is trying to hide behind other reasons.

Filing a Pregnancy Discrimination Complaint With the California Civil Rights Department

You can file a complaint with the California Civil Rights Department (CRD), formerly DFEH, if you have been discriminated against because of pregnancy. The CRD enforces FEHA and other state laws that may apply to your situation, including those relating specifically to pregnancy and medical conditions.

The department investigates your complaint, may mediate a settlement, and issues “right to sue” notices when it cannot resolve your complaint administratively. In general, you have three years to file a complaint with the CRD under state law.

Since local and regional CRD enforcement are so critical in California pregnancy discrimination cases, it is important to understand how the CRD works with pregnancy claims before moving on. An Orange County pregnancy discrimination attorney can be a crucial advocate throughout this process. If your claim must go to trial, your attorney can represent you at the Orange County Superior Court.

FAQs

How Prevalent Are Pregnancy Discrimination Complaints?

Pregnancy discrimination in the workplace is a problem that continues to plague workers across the country. In Fiscal Year 2022, the EEOC received 73,485 new charges of discrimination. Pregnancy was not involved in every charge, but pregnancy-related issues have consistently accounted for a substantial portion of filings.

These figures demonstrate how often employees are subjected to discrimination based on pregnancy or childbirth. They also illustrate the need to understand your rights and take action if you are discriminated against.

What Laws Protect Pregnant Employees in California?

Several laws protect pregnant employees, including the federal Pregnancy Discrimination Act, California’s Pregnancy Disability Leave Law (PDLL), and the California Family Rights Act (CFRA). Collectively, these laws prevent discrimination, mandate reasonable accommodations, and provide job-protected leave for eligible employees.

An employer cannot terminate, demote, or deny opportunities to an employee due to pregnancy. It is crucial to understand the legal protections relevant to your situation, confidently exercise your rights, and demand compliance from employers who violate them.

Can My Employer Deny Me Time Off for Pregnancy-Related Needs?

No, employers cannot lawfully deny leave for pregnancy-related medical needs if you qualify under California or federal law. The PDLL grants up to 12 weeks of job-protected leave for pregnancy, while the CFRA and FMLA provide additional time for bonding with a new child. Denying this leave or retaliating against employees who request it may be illegal. Written records of leave requests and employer responses can be vital evidence if a dispute arises later.

What Counts as Retaliation for Pregnancy Discrimination Complaints?

Retaliation is an adverse action taken against you because you exercised your rights, such as requesting an accommodation or filing a complaint. For example, retaliation can include cutting your hours, denying a promotion or preferred assignments, or firing you after you take leave. Federal and state laws strictly prohibit retaliation. A timeline of events and copies of communications can demonstrate that your employer’s adverse actions were retaliatory instead of performance-based after you reported pregnancy discrimination.

Contact an Orange County Pregnancy Discrimination Lawyer

Pregnancy should never be a reason for unfair treatment, reduced hours, or loss of employment. Unfortunately, many women still encounter discrimination during this important stage of life. Knowing your rights is important, but you sometimes need legal advocacy to make those rights a reality.

When you hire your Orange County pregnancy discrimination lawyer at Nosrati Law, A Professional Law Corporation, you can have a professional and seasoned legal advocate for your rights under the PDLL, CFRA, and federal laws. We strive to help our employees keep their jobs and their families intact.

If you have been a victim of pregnancy discrimination in the workplace, don’t stay silent. Contact us todayfor a consultation.