Pregnancy Discrimination
Pregnancy discrimination occurs when and employer treats an employee or job applicant less favorably due to pregnancy, childbirth, or related conditions. Examples of discrimination based on pregnancy include termination, denial of promotions, unfavorable job assignments, or refusal of reasonable accommodations.
The Federal Pregnancy Discrimination Act (PDA), an amendment to the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions in companies with 15 or more employees. The Americans with Disabilities Act (ADA) offers additional protections for pregnancy-related disabilities. California’s Fair Employment and Housing Act (FEHA) extends these protections to companies with 5 or more employees and requires reasonable accommodation for pregnant workers.
Pregnancy leave is also protected by several laws including the Federal Family and Medical Leave Act (FMLA), California’s Pregnancy Disability Leave Law (PDL), the California Family Rights Act (CFRA), and the California State Disability Insurance (SDI) program. These laws provide various unpaid and paid leave options for pregnancy-related disabilities and baby bonding time.
To prove pregnancy discrimination, an employee must demonstrate that the employer had a legal responsibility to act, treated the employee unfairly due to pregnancy, and that this treatment resulted in harm. Damages for pregnancy discrimination cases can include money for lost wages, punitive damages, and attorneys’ fees.
If your employer is discriminating against you or someone you know because of pregnancy, contact us immediately.
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