If You’ve Experienced Pregnancy-Based Discrimination at Your Work, Give Us a Call
Whether you were overlooked for a promotion or unjustifiably fired after your employer learned that you were pregnant, Orange County Employment Law is ready to help. We’re a boutique employment law firm based in Newport Beach that is dedicated to defending the rights of workers throughout California. One of the most common violations of employee rights is pregnancy discrimination.
In order to hold your employer accountable for unlawful policies and practices, such as pregnancy discrimination, you need a lawyer that specializes in employment law. At Orange County Employment Law Firm, we have the knowledge and experience necessary to take on even the largest companies in California and get our clients the maximum compensation they are owed. With our small but dedicated team, you can expect to have easy access to your pregnancy discrimination attorney and receive a personalized experience that is largely unavailable through most large law firms. We operate on a contingency-fee basis, which means that there are no out-of-pocket costs to open your case, and no fees until we win your case–guaranteed!
It’s Important to Know What Rights You Have as a Pregnant Employee in California
Discrimination based on pregnancy, childbirth and related medical conditions is prohibited by law. Employers must grant pregnant employees unpaid disability leave of up to four months for the time they are disabled due to pregnancy, childbirth, or related medical conditions. Government Code §12945(b)(2). It is also unlawful to refuse to grant requests for temporary transfer or reasonable accommodation to pregnant employees. Government Code §12945(b).
California Family Rights Act (CFRA), Family and Medical Leave Act (FMLA) & Pregnancy Disability Leave (PDL)
Under California law pregnancy is treated as a disability, and CFRA provides that Female employees disabled by pregnancy, childbirth or related medical conditions are entitled to up to four months of leave. Government Code §12945(b)(2). Pregnancy disability leave is available regardless of how long the employee has been employed, and it applies to any employer with five or more employees. Government Code §12926(d); 2 Cal. Code Regs. §7291.2(h). However, a woman is only entitled to the actual amount of time off she needs due to an actual disability which renders her unable to perform her job. Thus, most women will not be entitled to the full four months unless they have a medically-complicated pregnancy. Reasonable accommodations, such as a transfer to a less strenuous position or facility, or an altered schedule may also be provided or considered as an accommodation for a pregnant employee.
In addition to the four-month disability leave, employees qualifying for CFRA leave may also take an additional twelve weeks of family leave following the birth, adoption or foster care placement of a child for “baby bonding.” Pregnancy disability leave does not run concurrently with CFRA or FMLA leave, although CFRA and FMLA leave generally do run concurrently with one another. Government Code §12945.2(s).
Workplace Pregnancy Discrimination Includes Refusing to Make Reasonable Accommodations, Retaliation and Harassment
Too often employers are either unwilling, or are ignorant toward their duty, to accommodate pregnant employees and will retaliate against employees who request reasonable accommodations or require doctor-prescribed work restrictions due to pregnancy by:
- Firing them
- Reducing their hours
- Refusing to respect doctor-prescribed work restrictions
- Harassing them
- Denying or refusing transfers or promotions
- Reduction in pay
Call Us Now to Talk to a Pregnancy Discrimination Attorney in Orange County Within 24 Hours
If you feel that your employer has taken discriminatory or retaliatory actions against you for engaging in the protected activity of requesting a reasonable accommodation due to a pregnancy, asking your employer to respect doctor-prescribed work restrictions, or taking legal pregnancy or baby-bonding leave, please call our office immediately for a FREE, no obligation case review. Our pregnancy discrimination lawyer will return your call within 24 hours to discuss whether or not you have a disability discrimination claim that could entitle you to compensation.
Orange County Employment Law Firm is a boutique law firm in Newport Beach that is dedicated to helping employees throughout Orange County, including Irvine, Anaheim, Santa Ana, Garden Grove, Huntington Beach, Newport Beach, and Tustin recover money from their employers. Because of our small size, low overhead costs and limited number of cases, we’re able to offer an intimate and personalized experience tailored to each client’s specific needs, which helps ensure that we maximize their results. We’re so confident in our representation that there’s no fee unless we obtain a settlement for you.
