Facing Pregnancy Discrimination at Work?
Employment Attorneys in Los Angeles Handle Pregnancy Discrimination Cases
If you faced pregnancy discrimination at work in Los Angeles, you may be able to secure relief under state or federal law. Many times, it is not just about the lost wages, benefits, attorney fees or compensation for the emotional toll you can gain in a successful pregnancy discrimination case. By holding your employer accountable for its illegal actions, you may help coworkers avoid facing future similar discrimination.
Our pregnancy discrimination lawyers know the California maternity leave laws. We also know the federal protections that uphold your workplace rights to pregnancy leave and accommodations. When employers refuse leaves or retaliate against pregnant women, we are offer experienced legal representation. Take advantage of our free consultation.
What is the Pregnancy Discrimination Act?
The Pregnancy Discrimination Act (PDA) protects discrimination against pregnant employees. The PDA further mandates that employers must treat women affected by pregnancy, childbirth or related medical conditions the same for all employment-related purposes as other persons not affected but similar in their ability or inability to work. This includes receipt of benefits under fringe benefit programs.
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Employers must treat pregnant women and new mothers in the same manner as other applicants or employees with similar abilities or limitations.
Male employees may also state a claim under the Pregnancy Discrimination Act for limitations of the pregnancy-related benefits afforded their wives.
Pregnancy Hiring Discrimination
Simply put, an employer cannot refuse to hire a woman because of her pregnancy if she can perform major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of coworkers, clients or customers.
What are My Rights for Maternity Leave?
Women may seek maternity leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). The California Pregnancy Disability Leave Law (PDLL) may also provide up to four months of leave to women disabled by pregnancy. Denying these pregnancy leaves is illegal and a violation of your rights.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, an employer may use any procedure used to screen other employees’ ability to work. For example, if an employer requires its employees to submit a doctor’s statement before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
If an employee is temporarily unable to perform her job due to pregnancy, then the employer must treat her the same as any other temporarily disabled employee. For example, the employer can offer modified tasks, alternative assignments, disability leave or leave without pay.
Employers must permit pregnant employees to work as long as they can perform their jobs. If an employee was absent from work as a result of a pregnancy related condition and recovers, then her employer may not require her to remain on leave until the baby’s birth. Additionally, an employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.
Pregnancy Discrimination Act and Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions. This is done on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where it endangers the life of the mother.
Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions. This is the case whether payment is on a fixed basis or a percentage of reasonable and customary charge basis. The insurance provider can limit the amounts payable. However, it can only to so to the same extent as costs for other conditions. It cannot impose additional, increased or larger deductibles.
Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.
Employee Fringe Benefits for Pregnancy
Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions.
If an employer provides any benefits to workers on leave, then the employer must provide the same benefits for those on leave for pregnancy-related conditions.
Employers must treat employees with pregnancy related disabilities the same as other temporarily disabled employees. This includes accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.
Free Consultation to Learn Your Right to File a Pregnancy Discrimination Act Case
If you are a victim of discrimination in the workplace, then contact a Los Angeles discrimination lawyer. We offer a free consultation. During this claim review, our employment law attorneys can give information about what to do about discrimination at work. This is all free legal advice. You should not have to choose between your job and your family; call us today! All attorney consultations are confidential and with no obligation.