Oakland Pregnancy Discrimination Lawyer
What Rights Do Pregnant Women Have in the Workplace?
Some employers believe that pregnant employees or employees who are seeking to become pregnant are a burden to their business. You have the right to be reasonably accommodated during your pregnancy. Employees who become pregnant must be accommodated because of their pregnancy just like a disabled employee.
This means that the employer must reasonably modify your job so that you can perform it despite any temporary limitations imposed by your pregnancy or create less strenuous or hazardous working conditions. A pregnant employee should, among other things, not be required to lift heavy weights or stand for prolonged periods of time, or be denied frequent bathroom breaks.
You have the right to be treated on equal terms with other employees who are not pregnant. Pregnancy discrimination is an unlawful specific form of sex and disability discrimination. You cannot be discriminated against because of pregnancy, childbirth, or related medical conditions in any aspect of your employment including hiring, promotion, working conditions, and firing.
Examples of illegal pregnancy discrimination
- Refuse to hire or promote someone due to pregnancy
- Demote or terminate an employee due to pregnancy
- Deny pregnancy-related disability leave, retaliate against an employee who requests pregnancy leave
- Fail to reinstate an employee due to pregnancy leave
You also have the right to paid and/or unpaid leave as well as reinstatement under state and federal laws.
California Family Rights Act (CFRA) provides leave for the following reasons:
- Childbirth for purposes of bonding
- Placement of a child in the employee’s family for adoption or foster care
- Serious health condition of the employee’s child, parent, or spouse
- Employee’s own serious health condition
CFRA leave is unpaid. However, an employee may use any accrued vacation, personal time off, or sick days during their leave to secure compensation. You may be required by the employer to use your accrued vacation, personal time off, or sick days when taking a leave for your own serious health condition.
During your CFRA leave, you are entitled to maintain any health care coverage that is being provided by your employer for 12 weeks during each 12-month period, starting when the leave begins. You are also entitled to participate in available employee benefit plans (disability, insurance, retirement, etc.) to the same extent as any other employee on disability leave.
You may be entitled to up to four months of pregnancy disability leave if you are disabled by your pregnancy, childbirth, or other related condition. However, if the employer provides more than four months of leave for other types of temporary disabilities, that same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition. After a pregnancy disability leave or transfer, employees are guaranteed a return to the same position and can request the guarantee in writing.
Don’t be discriminated against. Let us help you.
Venardi Zurada LLP is a law firm serving California. We are experienced and effective attorneys who work on a contingency basis meaning that you do not pay us until we recover money for you. We offer free consultations to evaluate whether or not you have a legal claim for pregnancy discrimination or harassment.
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If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert Oakland pregnancy discrimination lawyers at 925-937-3900 or submit our form.