A Guide To Pregnancy Rights Under Federal Law For California Employees
Whether you require reasonable accommodations throughout the workplace, medical leave, or protection from discrimination, retribution, and wrongful termination, federal and state laws ban employers from discriminating against you because you are pregnant.
You have various rights as a pregnant employee or job seeker in the workplace. Ensure you understand your rights to avoid being treated unfairly at work by your boss, coworkers, managers, supervisors, or clients. If any of those rights are violated, you have the right to file an employment claim and find a Santa Monica Pregnancy Discrimination Attorney.
Let's look at your employment rights in Santa Monica, California.
1. Pregnancy Discrimination in Hiring is Prohibited by Federal and State Laws
Discrimination in the hiring process is illegal under federal and state legislation. Employers frequently think that a pregnant lady is incapable of performing her duties. As a result, a potential employer may choose another job applicant who is not pregnant or planning to become pregnant. Employers can avoid the possible complications that come with pregnancy in the workplace by using pregnancy to dismiss staff.
This form of discrimination is illegal under the Pregnancy Discrimination Act. Therefore, employers may not use pregnancy as a pretext to refuse an employee a job opportunity, a promotion, a raise, or any other type of advancement because it is a protected class.
If you've experienced discrimination in job applications, consider contacting a Santa Monica Pregnancy Discrimination Attorney ASAP.
2. You Have The Right To Reasonable Accommodations, Including Medical Leave
Employers must make reasonable accommodations for pregnant employees unless it causes the organization significant stress (undue hardship). Providing an altered workstation, extra toilet breaks, an adjusted work schedule, the ability to sit as often as needed, or medical leave as required are just a few examples of accommodations (to name a few). Unpaid time off for maternity leave and childbirth must also be included in reasonable accommodations.
Employers must give pregnant employees the same accommodations as they would for temporarily disabled employees. Employers also can't make a pregnant employee take medical leave or quit owing to the pregnancy. An employer must allow a pregnant woman to work if she is capable of doing so and wishes to do so.
If you requested reasonable accommodations and weren't heard, contact a Santa Monica Pregnancy Discrimination Attorney to help you build a case and file claims. If successful, you'll be able to receive compensation for the financial and emotional losses you suffer.
3. Pregnancy Must Be Covered By Your Employer's Health Insurance
Pregnancy is a condition that requires medical attention. In addition, pregnancy-related illnesses are common in many pregnancies. Therefore, employer-provided health insurance coverage must cover pregnancy and all related conditions. You shouldn't have to pay for check-ups or other pregnancy-related expenses.
4. You Are Entitled To Employee Benefits Regardless Of Your Marital Or Familial Status
Pregnancy benefits and insurance coverage are not limited to married pregnant women. Anyone who is temporarily disabled is entitled to the same health and disability benefits as a pregnant woman. This guideline is universally applicable to all pregnant women.
Pregnant employees on leave must be treated the same as disabled employees on leave, with seniority, vacation time, wage increases, temporary disability compensation, and seniority accrual all considered.
5. Pregnant Employees Are Protected Against Discrimination In The Workplace By Federal Laws
At different stages of their pregnancy, two federal laws protect pregnant employees.
Employers with 15 or more employees are prohibited from making negative employment choices based on an employee's pregnancy under the Pregnancy Discrimination Act (PDA).
The Family and Medical Leave Act (FMLA) allows qualified employees to take up to 12 weeks of unpaid medical leave for pregnancy-related ailments. Mothers can also use this time for childbirth and maternity leave.
When you return to work, you must be offered the same or a similar position as when you left. In addition, you must be able to keep your job-sponsored health insurance policy with the same benefits.
6. You Are Protected Against Retaliation In California
Finally, no employer can discipline a pregnant employee for exercising her legal rights. As a result of retaliation, you cannot be dismissed (wrongful termination), demoted, have shift changes, or receive poor employment reviews. Your pregnancy rights include the following:
Taking a medical leave
Requesting accommodations
Bringing a case against a company for pregnancy discrimination
Making a pregnancy discrimination complaint to HR
Testifying in a case involving pregnancy discrimination
Participating in an inquiry, proceeding, or litigation under Title VII or the PDA
If you experienced any form of retaliation as a way for your boss to "get back at you," you should consult a Santa Monica Pregnancy Discrimination Attorney about filing employment claims right away. If successful, you'll be compensated for the losses you experienced as a result of the retaliation.
Get in Touch With A Prescreened and Reputable Santa Monica Pregnancy Discrimination Attorney
1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened discrimination lawyer that is best fit to handle your pregnancy discrimination case. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL consultation.
