Pregnancy Rights Discrimination/Harassment/Pregnancy Leave

Pregnancy Rights Discrimination / Harassment / Pregnancy Leave

California Pregnancy Lawyer

In California pregnant women are protected from harassment and discrimination and they are entitled to accommodations for their pregnancy, reassignment to a less strenuous position and to take leave for the birth of a child. Likewise, men are entitled to take up to twelve weeks (unpaid leave) for the birth of a child. (California Government Code “ Cal. Govt. Code” Section 12945.2(c)(2)(A).) The Dolan Law Firm has handled numerous cases of pregnancy discrimination, harassment and denial of pregnancy leave with significant results for our satisfied customers. Contact us for a free case evaluation. We are contingent fee lawyers who only get paid if we achieve a recovery for you.

PREGNANCY HARASSMENT

It is unlawful for an employer, or co-employee, to harass a female on the basis of pregnancy. We have seen some horrendous cases where female employees have been subjected to comments such as “fat pregnant cow,” “whale,” “breeder,” and other comments such as requests to drink breast milk, which have led to lawsuits and significant settlements. Likewise, we have handled cases where women have been harassed not to become pregnant and for getting pregnant. Harassment can be both sex harassment and pregnancy harassment because the comments are usually directed to one sex. Harassment is unlawful and you should contact the Dolan Law Firm immediately if you are being subject to unlawful harassment.

PREGNANCY DISCRIMINATION

An employer may not refuse to hire, demote, or fire a woman because she is or is planning on becoming pregnant. This is unlawful under Cal. Govt. Code Section 12945. If you have been treated unlawfully, contact The Dolan Law Firm for a free case evaluation.

PREGNANCY ACCOMMODATION

If a pregnant woman, with the advice and assistance of her health care provider requests a reasonable accommodation, an employer must provide that accommodation unless to do so would create an undue hardship on the employer. (Cal. Govt. Code 12945(c)(1).) Failure to engage in an interactive process or to provide a reasonable accommodation is a violation of the law and may result in a damage award.

TRANSFER TO A LESS STRENUOUS POSITION

An employer has an obligation, at the request of a pregnant woman, to transfer her to a less strenuous position as a reasonable accommodation if the woman and her health care provider make such a request and there is a position where less strenuous work exists. An employer is not required to create employment that they would not have otherwise created, discharge an employee, transfer an employee with more seniority, or promote someone not qualified simply to create a less strenuous position. (Cal. Govt. Code 12945(c)(3).)

PREGNANCY LEAVE

Under California Law, set forth in the California Government Code at Section 12945, The law states that it shall be an unlawful employment practice, unless based upon a bona fide occupational qualification:

(a) For an employer to refuse to allow a female employee disabled by pregnancy, childbirth, or related medical conditions to take a leave for a reasonable period of time not to exceed four months and thereafter return to work, as set forth in the commission's regulations. The employee shall be entitled to utilize any accrued vacation leave during this period of time. Reasonable period of time means that period during which the female employee is disabled on account of pregnancy, childbirth, or related medical conditions.

An employer may require an employee who plans to take a leave pursuant to this subdivision to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave.

(b)(1) For an employer to refuse to provide reasonable accommodation for an employee for conditions related to pregnancy, childbirth, or related medical conditions, if she so requests, with the advice of her health care provider.

(2) For an employer who has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions for the duration of the disability to refuse to transfer a pregnant female employee who so requests.

(3) For an employer to refuse to temporarily transfer a pregnant female employee to a less strenuous or hazardous position for the duration of her pregnancy if she so requests, with the advice of her physician, where that transfer can be reasonably accommodated. However, no employer shall be required by this section to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.

An employee knowing that they are pregnant and in need of leave should provide an employer with as much advanced notice as possible.

If you have been denied leave, contact The Dolan Law Firm for a free case evaluation.

CAN YOU QUIT IF CONDITIONS ARE INTOLERABLE?

The law recognizes that sometimes conditions get so bad that people have no reasonable alternative but to quit their employment rather than endure continued unlawful conduct. An employee can not just quit and sue because of one simple incident. The conditions must be of such severity and frequency that a reasonable person would think that they have no alternative and that they were in effect, constructively terminated. You should first report the conditions through your company’s complaint procedure, where possible, before you quit or your rights to recover damages may be reduced. For more information on constructive wrongful termination, click here.

WHAT TO DO IF YOU HAVE BEEN TREATED UNLAWFULLY

Many companies have policies regarding anti discrimination and harassment in their company handbooks. Likewise, they may have reporting requirements which require that you follow a certain channel of communication in requesting an accommodation and/or reporting harassment, discrimination and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages.

You have a limited period of time to act to protect your rights. Failure to act promptly may eliminate your rights to take legal action. For more information on these statutes of limitations, click here.

If you believe that you are being discriminated against or harassed because of your disability contact The Dolan Law Firm for a free case evaluation.

An individual who has suffered unlawful conduct, inc California, in violation of their rights under the Fair Employment and Housing Act (such as discrimination and or harassment based on membership in a protected classification) must file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the conduct (there are limited exceptions in some cases) or they may lose their right to pursue legal action for this conduct. Information on, and forms provided by, the DFEH and its complaint process can be found at http://www.dfeh.ca.gov/complaint.asp.