Do you feel discriminated against in the workplace? Discrimination and harassment based on legally protected characteristics, such as a person’s pregnant status, is unlawful.
If you feel targeted in the workplace and subjected to unwarranted and unlawful harassment pick up the phone and call us immediately. We are here to help.
Pregnancy Discrimination
Pregnant employees are protected by the California Fair Employment and Housing Act (FEHA) from a workplace free of discrimination, hostility and harassment.
If you are or were pregnant and believe that you are being unlawfully targeted in the workplace due to this protected characteristic, know that you are entitled to relief and potential economic damages for this unlawful conduct.
Employers legal obligation to treat pregnant workers the same as any other employee in the workplace, and if this obligation is not fulfilled, they can be held liable for their misconduct.
Pregnancy Discrimination Laws
Under the Pregnancy Discrimination Act, which is an amendment to the Civil Rights Act of 1964, employers must treat pregnant employees equal to non-pregnant employees. Equitable treatment amongst pregnant and non-pregnant employees is imperative and conduct otherwise is not only unjust but unlawful. Any type of adverse employment action conducted by an employer, based on the employee’s pregnant status, may constitute unlawful conduct. Adverse employment actions include but are not limited to: termination, demotion, reprimands, detrimental wage and/or schedule changes.
Further, when an employer rewards employees with positive employment actions, they must do so without any discriminatory animus towards pregnant employees. Positive employment actions include but are not limited to: hiring, promotion, job benefit changes etc. Inequitable treatment favoring non-pregnant employees over pregnant employees in this manner is closely scrutinized and reviewed to ensure preferential treatment did not occur.
California Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) covers claims for:
- Employment discrimination
- Harassment
- Housing discrimination
- Retaliation (such as demotion or wrongful termination of persons who have been the victims of discrimination)
- Denial of medical leave or pregnancy leave
Possible Examples of Pregnancy Discrimination
Some possible examples of pregnancy discrimination include but are not limited to:
- Refusing to hire an applicant because they are pregnant
- Denying a reasonable accommodation while pregnant
- Discriminatory comments or actions directed at the pregnant employee and their needs for leave
- Terminating a pregnant employee
- Harassing an employee for being pregnant
- Replacement of the pregnant employee, while they are out on leave
- Demotion of the pregnant employee, even upon their return from leave
- Comments or harassment for post-partum accommodation needs (breast pumping etc.)
Get Help Now!
If you are suffering from pregnancy discrimination in your workplace, contact an Employment Law Associate at Gold Coast Counsel to speak with an attorney today!
Please note that the Statute of Limitations on a pregnancy discrimination claim holds an expiration date. This means that you will forfeit your right to bring forth this claim if you fail to file a suit prior to this date.
If you wish to pursue claims, depending on the type of claim, you may be required to file a complaint with the Department of Fair Employment & Housing (“DFEH”) (www.DFEH.ca.gov) within a specified period of the accrual date of your claims in order to reserve your right to bring state law discrimination claims against your employer. Alternatively, you also have a right to pursue a case with the Federal Equal Employment Opportunity Commission (EEOC) as an alternative to the DFEH, however, you must file with the EEOC within a specific time period from the date of the accrual of your claims. See http://www.eeoc.gov/youth/timelimits.html.
If you do not file with the DFEH or EEOC within these time periods, you may lose your right to pursue discrimination or harassment claims in state or federal court. In addition, if you have claims for non-payment of wages, please contact the Labor Commission (http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm) for more information. These claims also have applicable time limitations.
There may be additional state or federal agencies that require administrative review of your claims, which could limit or extend your time to file complaints, and other statutes of limitations running in your case, we suggest that you immediately contact counsel to advise you of your rights and liabilities.