Pregnancy Discrimination Lawyer in Orange, California

When you’re pregnant and expecting a child, it can be one of the most joyous times in your life. Preparing to bring a baby into the world is an undeniably stressful experience, but it’s also one that’s full of hope for the future. However, what can put a stain on this once-in-a-lifetime experience is if you encounter pregnancy discrimination in the workplace. This can not only make an already overwhelming situation even more difficult, but it’s also illegal.  

If you or someone you love feels they’ve been discriminated against due to their pregnancy, you should contact a workplace discrimination attorney right away. At The Guha Law Firm, we’re committed to truly listening to our clients and making sure they fully understand their legal options. If you're in the Orange, California area or anywhere throughout San Bernardino, Los Angeles, and Riverside counties, reach out to us today to learn more. 

Pregnancy Discrimination Laws 

Thankfully, there are many federal and state laws that protect pregnant workers both before and after childbirth.   

• Title VII of the Civil Rights Act: The Civil Rights Act of 1964 enacted sweeping legislation that protected several classes of people from discrimination. You may ask yourself, “Is pregnancy a protected class?” and the answer is decisively yes. One aspect of this law is under Title VII which prohibits sex discrimination and pregnancy is included with this. Furthermore, the term “pregnancy” includes former, current, or potential pregnancies, and medical concerns associated with abortion, childbirth, breastfeeding, or birth control. 

• Pregnant Workers Fairness Act (PWFA): This law requires certain employers to provide “reasonable accommodations” for pregnant employees unless doing so brings an “undue hardship” on them. Accommodations could include temporarily adjusting a work schedule, switching to a light-duty position, providing more breaks, or using a chair or stool.  

• Americans with Disabilities Act (ADA):  What is a disability under pregnancy leave law? Although we don’t normally use the word “disability” to describe someone who is pregnant, the ADA does include pregnancy among the covered disabilities. Much of this is due to potential complications that can arise during and after a pregnancy that would be categorized as a temporary disability. The ADA prohibits discrimination based on someone’s pregnancy either as an employee or as an applicant.  

• California laws: Pregnancy work laws in California are some of the strongest in the nation and if they are not being followed, your employer can face serious consequences. Some of these include The California Fair Employment and Housing Act (FEHA), Pregnancy Disability Leave (PDL), and the California Family Rights Act (CFRA). 
  

Pregnancy Discrimination in the Workplace 

Pregnancy discrimination in the workplace occurs any time you’re treated differently from your coworkers or other job applicants based on your status as a pregnant person. This could include: 

• Retaliation against pregnant employees for requesting pregnancy leave or accommodations 

• Termination or demotion of pregnant employees who request leave or accommodations 

• Denial of promotions or raises after pregnancy leave 

• Denial of or pressure not to take pregnancy leave 

• Verbal harassment of an employee due to pregnancy leave 

• Refusal to provide light duty or other reasonable accommodations before or after childbirth 

Protecting Your Pregnancy Rights 

No matter what kind of discrimination or harassment you’re experiencing at your job due to your pregnancy, you do have options. Hopefully, you’ll be able to work with your employer or human resources department to ensure your rights are upheld. A good first step is to discuss reasonable accommodations with your employer and try to come to a solution that allows you to continue to work but also takes into account your health needs. 

You are also entitled to PDL should your pregnancy, childbirth, or related health concerns warrant it. That said, eligibility for pregnancy disability leave is not automatically awarded but usually must be connected with a specific medical need such as doctor-ordered bed rest, recovering after childbirth, suffering from severe morning sickness, or prenatal care and doctor visits. 

If you ever feel these rights or accommodations are being denied to you, reach out to an attorney to advocate on your behalf. An experienced lawyer will have a detailed knowledge of both federal and state law and can ensure you’re being taken care of.

They can also help you file complaints and claims with your employer which can not only help you with your concerns but can also help ensure that this same type of discrimination doesn’t happen to others in the future.