Pregnancy discrimination is the treatment of women in an unfavorable manner based on pregnancy, childbirth, and related conditions. Employees as well as job applicants can be the targets of pregnancy discrimination. Get answers to your questions at the Law Offices of Labor Attorneys. You can reach us at (800) 337-7436. A California pregnancy discrimination lawyer can answer any questions you may have. An attorney will provide you other information you need. A pregnancy discrimination lawyer provides a reliable case evaluation. There is no obligation for a consult. No fee is charged for an initial meeting with a California pregnancy discrimination attorney.
Understanding the Types of Conduct that Constitute Pregnancy Discrimination
Nothing takes the place of a consultation with experienced California labor attorneys. However, some basic information about what constitutes pregnancy discrimination is important. Legal advice is not presented here. We provide only basic information. There are a good many different types of scenarios that can be classified as pregnancy discrimination. With that said, some of the more commonplace examples of pregnancy discrimination include but are not limited to:
- Termination of a pregnant employee
- Demoting a pregnant worker
- Refusing to hire a pregnant job applicant
- Denying the same or similar job position to an employee when she returns from pregnancy leave
- Treating a pregnant employee differently than other workers who are classified as being temporarily disabled
- Failure to grant a male worker health insurance coverage for his spouse’s pregnancy if the employee has comprehensive health insurance
Pregnant Workers Fairness Act
As of the beginning of 2022, there is legislation pending before the U.S. Congress known as the Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act requires employers with over 15 employees to make reasonable accommodations for pregnant workers. Quite like the Americans with Disabilities Act, this proposed law does not require accommodations that create an undue hardship.
In January 2022, there is no clear indication as to whether the Pregnant Workers Fairness Act will become law. With that said, the legislation does provide illumination on trends associated with providing protections to women in the workplace when it comes to pregnancy discrimination.
Performance of Job Functions While Pregnant
The Pregnant Workers Fairness Act itself is not yet law. However, there are already federal and California laws on the books that protect pregnant workers. Existing laws require a consideration of what job functions a pregnant worker can safely perform.
The reality is that the ability to perform these job functions at different levels or in alternate ways varies at different junctures during the course of a pregnancy. There are certain types of jobs in which pregnancy does not impact. On the other hand, there are other positions of employment in which pregnancy directly impacts the ability of a worker to perform associated tasks. In the end, pregnancy discrimination is illegal.
A California Pregnancy Discrimination Lawyer and Your Right to Reasonable Accommodation of Pregnant Worker
In regard to workplace pregnancy discrimination, federal and California laws call upon an employer to reasonably accommodate a pregnant worker. As mentioned previously, these types of accommodations are akin to what is required under the ADA for a disabled person.
It is important to point out that as a matter of public policy, a pregnancy should not be considered a disabling event. Hence, the reason Congress is taking up the Pregnant Workers Fairness Act. Nevertheless, with the state of laws today, particularly on the federal level, using the ADA to provide guidance in regard to reasonable accommodation is useful.
Notifying Employer of Pregnancy
You may be wondering whether or when you need to notify your employer of your pregnancy. You need to advise your employer of your pregnancy and need for accommodation.
As is most often the case, a worker may not need to seek workplace accommodations because of a pregnancy within the early weeks or even months of a pregnancy. Therefore, there may be no need to advise an employer of a pregnancy during the early stages.
Retaliation against you is impermissible when you advise of the need for accommodation. Even in this day and age, there are employers who improperly and even illegally treat their workers that become pregnant. In other words, federal California pregnancy discrimination laws provide you some level of protection against retaliation by your employer when you advise your supervisors or human relations department that you are carrying a child.
Pregnancy Discrimination, an Unmarried Employee, Your Rights and a California Pregnancy Discrimination Lawyer
You may be like a notable number of workers today and find yourself pregnant but not married. You may wonder whether or not California pregnancy discrimination protections cover you. The simple answer is that federal and California pregnancy discrimination prohibitions extend to a married or unmarried worker alike.
An issue involving an unmarried pregnant worker may trigger some other statues and regulations beyond those associated with pregnancy discrimination. An experienced California labor attorney looks at all possible claims. You can connect with a pregnancy discrimination lawyer any time that is convenient for you by telephoning (800) 337-7436. This works to underscore the necessity of retaining an capable, experienced California pregnancy discrimination attorney on a proactive basis, in order to protect your interests and guard against any further degradation of your important legal rights.
Enforce Your Legal Rights with an Experienced California Pregnancy Discrimination Lawyer
The first step you need to take to protect and advance your important employment rights is to reach out to a skilled, experienced California pregnancy discrimination lawyer like a member of the legal team at the Law Offices of Labor Attorneys. You can connect with a California pregnancy discrimination attorney by calling (800) 337-7436 now or at any time that is convenient for you.
A California pregnancy discrimination attorney will provide you with a case evaluation, explain your legal rights, and identify a course of action to pursue you claim. There is no cost for an initial consultation and case evaluation with a labor attorney with a background in pregnancy discrimination representation. In fact, the Law Offices of Labor Attorneys charge no fee unless they win your case for you. The commitment of the pregnancy discrimination attorney legal team is to justice and the compensation to which you deserve.
