A Guide To Pregnancy Discrimination In California
Pregnancy discrimination occurs when women (applicants or employees) are treated unfairly because of their pregnancy, childbirth, or other similar circumstances. In this post, we'll talk about pregnancy discrimination in California, as it's often encountered by Norwalk Employment Law Attorneys.
Employer activities that are considered pregnancy discrimination include:
Refusing to hire an otherwise competent applicant who is pregnant
A pregnant employee being fired or demoted
Denying a pregnant woman a similar work or job position when she returns from a pregnancy-related leave
Employees who are pregnant are treated differently from those who are temporarily incapacitated
Denying a male employee health insurance coverage for his wife's pregnancy-related problems.
Pregnancy As A Temporary Disability
A pregnancy-related ailment, such as severe morning sickness, doctor-ordered bed rest, labor, recovery from childbirth, or any other medical condition, may be considered a temporary impairment under the law.
As a result, employers must treat pregnant employees with the same respect and benefits as employees with other temporary disabilities.
If you've been discriminated against or refused accommodations, it's best to speak with a Norwalk Employment Law Attorney to help you sort things out.
Do I Need To Tell My Employer I'm Pregnant?
You may choose not to disclose that information with your employer before birth if you do not require leave for medical appointments or pregnancy-related sickness. In addition, if you are otherwise competent to execute the principal tasks of your job, then your boss doesn't have to know right away.
However, remember that requesting accommodations requires you to inform them. Otherwise, they won't have any reason to consider you temporarily disabled.
Can I File A Leave?
You can find out about your employer's policy on sick leave, short-term disability leave, or FMLA leave by consulting your supervisor, human resources department, company handbook, or union.
Employees must give a 30-day notice for FMLA leave and provide adequate information for an employer to assess whether the leave request is justified under the FMLA. Thus, even if it requires you to disclose your pregnancy, if advance notice is required to use leave, you should comply with the notification requirements.
If you were fired or discriminated against because you requested a leave, it is considered an illegal act of discrimination in California. Contact a Norwalk Employment Lawyer to help you file an employment claim.
What Can I Do When I'm Discriminated Against?
Request a leave or accommodation in writing, stating the cause for the leave and the length of time you require. Keep copies of everything your employer sends and receives, as well as copies of doctor's notes and other medical paperwork.
If you are still denied leave, you should file a complaint. You may be able to file a formal complaint through your union if you are a union member. In addition, some workplaces have rules in place to deal with disputes.
Internally, you might be able to resolve the conflict at work. Look up the policies in your employee manual or other sources of personnel policies to find out what they are. Human resources at your firm might be able to assist you.
To establish discrimination, you must be able to present proof that a similarly situated worker (another worker who has done or was in the same situation but aren't pregnant) was treated differently or more favorably than the pregnant worker. After that, the employer must show that they have a reasonable justification for treating the pregnant employee differently.
However, if you can't solve the matter internally, you should contact a Norwalk Employment Law Attorney to help you file employment claims to the proper agencies.
What Can I Get For A Successful Employment Claim?
The following are some of the remedies available to victims of discrimination:
Back pay
Front pay
Hiring
Promotion
Reinstatement of a former position
Compensatory damages
Punitive damages
Payment of the following may also be part of the damages paid to a successful plaintiff:
Lawyer's fees
Fees for expert witnesses
Court costs
The employer may also be compelled to take corrective or preventive efforts to address the basis of the discrimination, reduce the likelihood of it occurring again, and stop the discriminatory practices.
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