Dedicated Pregnancy Discrimination Attorneys Serving San Jose, CA
California-Specific Protections Against Pregnancy Discrimination
Employers are required to treat pregnant employees the same as employees with temporary disabilities or medical limitations. Furthermore, under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for childbirth, bonding with a newborn, or caring for a newly adopted child, among other reasons.
California provides robust legal protections for pregnant employees under both federal and state laws, including the California Fair Employment and Housing Act (FEHA), which offers more comprehensive rights than federal law:
- California Fair Employment and Housing Act (FEHA): This law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. FEHA applies to employers with five or more employees and governs all areas of employment, such as hiring, promotions, benefits, and working conditions.
- Pregnancy Disability Leave (PDL): California law allows employees to take up to four months of job-protected leave for pregnancy-related disabilities, including severe morning sickness, postpartum depression, or recovery from childbirth. PDL can be taken continuously or intermittently as medically necessary, with continued health insurance coverage on the same terms as before the leave.
- Reasonable Accommodations: Employers must provide reasonable accommodations for pregnant employees as advised by a healthcare provider. This can include modified duties, adjusted schedules, frequent breaks, or transfers to less strenuous positions.
- California Family Rights Act (CFRA): Eligible employees can take up to 12 weeks of unpaid, job-protected leave to bond with a new child (biological, adopted, or foster), separate from PDL leave. CFRA applies to employees who have worked for their employer for at least 12 months and meet the 1,250-hour work requirement.
- Lactation Accommodation: California law mandates that employers provide adequate break time and a private space (other than a restroom) for employees to express breast milk.
Identifying Pregnancy Discrimination
Discrimination against pregnant employees can appear in numerous ways. Consulting our San Jose pregnancy discrimination attorneys can help you understand your case. Common examples of such discrimination include:
- Denial of a promotion or specific assignment due to pregnancy status.
- Refusal to hire an applicant based on current or potential pregnancy.
- Forcing an employee to take leave despite their ability to perform their duties.
- Retaliation against an employee for requesting accommodations or leave.
Pregnant employees who believe their rights have been violated may file a complaint with the California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing) or take legal action through the courts.
Repercussions for Pregnancy Discrimination
Employers who violate laws protecting pregnant employees may face serious consequences, depending on the specifics of the case and the jurisdiction.
Employees who experience workplace discrimination may be entitled to various forms of compensation to address the harm they have suffered. One common remedy is back pay and lost wages, which compensates for earnings and benefits lost due to discriminatory actions. This includes situations like wrongful termination, missed promotions, or denied raises. Additionally, employers may be required to offer reinstatement, restoring the employee to their previous position if they were wrongfully terminated.
When reinstatement isn’t feasible, courts may award front pay, which provides compensation for future lost wages over a specified period. Beyond financial recovery, employees may also receive compensatory damages to address emotional distress, mental anguish, pain, suffering, and other non-economic harm caused by the discrimination. In particularly egregious cases, courts may impose punitive damages, designed to punish the employer and deter similar misconduct in the future.
To ensure that employees are not burdened by the cost of seeking justice, employers may also be ordered to cover attorney’s fees and court costs. This helps level the playing field and encourages employees to pursue claims when their rights have been violated. These remedies collectively aim to provide fair compensation and deter workplace discrimination.
Contact Our San Jose Pregnancy Discrimination Lawyer
Winer, Burritt & Scott, LLP is committed to protecting employee rights and ensuring employers are held accountable for pregnancy discrimination and violations of the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Our experienced pregnancy discrimination lawyers are here to fight for justice on your behalf and secure the compensation you deserve. Reach out today to consult with one of our dedicated attorneys.