Sex discrimination and harassment are prohibited in the California workplace under the Fair Employment and Housing Act (FEHA). Discrimination based upon “sex” under the law includes instances where an employee is treated unfavorably in contrast to an employee of the opposite sex under the same circumstances. Additionally, the FEHA outlaws discrimination based upon pregnancy as the definition of “sex” includes, pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy.
Furthermore, under the Pregnancy Disability Leave (PDL) law in California, a pregnant employee is authorized to take a 4-month leave due to a pregnancy related disability. In order to come under the protections of the PDL, an employer must employ 5 or more employees. Also, pregnant women are afforded additional employment rights, including the right to request reasonable workplace accommodations for their pregnancy related medical conditions. Specifically, in the event an accommodation is requested, an employer must engage in the interactive process in order to accommodate a pregnant woman’s medical condition. Reasonable accommodations including, but are not limited to, modified work duties, modified work schedules, transferring an employee to a less strenuous job position, and allowing time off to visit a health care provider, amongst other accommodations.
At the conclusion of an employee’s PDL, an employee eligible for a California Family Rights Act (CFRA) leave may request leave of up to 12-workweeks for reason of the birth of her child if the child has been born by this date. An employee qualifies for CFRA leave if she has been employed for more than 12 months and has worked a minimum of 1,250 hours during the previous 12-months.
If you have been discriminated against because of your pregnancy and/or denied the above rights under California law, it is important that you speak with a pregnancy discrimination lawyer from the Law Offices of Jual F. Reyes today. Our employment law firm based in Los Angeles is highly specialized in representing employees who have been discriminated against and harassed in the workplace.
Contact an employment law lawyer from our firm today to discuss your case. You initial consultation is free of charge and confidential.
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