San Bernardino Pregnancy Discrimination Lawyers
California’s Fair Employment and Housing Act prohibits employers from terminating or otherwise discriminating against an employee on the basis of pregnancy or pregnancy-related health conditions. California law also requires most employers to provide job-protected leaves during pregnancy and after childbirth.
If your employer discriminated against you because of your pregnancy or related medical conditions, or retaliated against you for taking a leave of absence before or after childbirth, the experienced pregnancy discrimination attorneys at Broslavsky & Weinman, LLP can help. We vigorously pursue claims for our clients and have helped numerous victims of discrimination related to pregnancy obtain recovery and hold employers accountable for violating their rights.
EXAMPLES OF PREGNANCY AND NEW PARENT DISCRIMINATION AND RETALIATION
Illegal pregnancy and new parent discrimination and retaliation in the workplace can take various forms. Some of the most common examples include:
- Terminating or demoting employees who are pregnant;
- Terminating an employee for having a pregnancy-related condition such as, hyperemesis gravidarum (extreme morning sickness), preeclampsia, gestational diabetes, etc.
- Refusing to provide reasonable work accommodations for pregnancy-related conditions;
- Failing to provide medical or parental leave under Family Medical Leave Act, California Family Rights Act, California’s New Parent Leave Act, or Pregnancy Disability Law
- Discharging employees for taking medical or parental leave;
- Refusing to reinstate employees to the same or equivalent position after they come back from medical or baby bonding leave
YOUR RIGHTS UNDER CALIFORNIA LAW
RIGHT TO BE FREE FROM DISCRIMINATION
The California Fair Employment and Housing Act (FEHA) expressly prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
RIGHT TO PREGNANCY DISABILITY LEAVE
California Pregnancy Disability Leave Law permits up to 4 months of protected leave for the time period during which an employee is disabled due to her pregnancy or the childbirth.
RIGHT TO BABY BONDING LEAVE
Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and New Parent Leave Act give employees who work for companies that employ 20 or more people the right to take up to 12 weeks of protected leave after childbirth. Pregnancy disability leave and bonding leave may be taken consecutively, which means that the total maternity leave can add up to close to 7 months.
FMLA, CFRA, and New Parent Leave act also require employers to provide not just maternity but also paternity leave.
RIGHT TO REASONABLE ACCOMODATIONS
Employers are required to provide reasonable accommodations for health conditions related to pregnancy or childbirth. Thus, if an employee has health restrictions and is temporarily unable to perform all of her job duties, the employer is required to accommodate her unless this would impose an undue hardship on the employer. Reasonable accommodations may include modification of duties, reassignment to vacant position, modified work schedule, additional rest opportunities, etc.
CONTACT US NOW
If you believe that you were unlawfully discriminated or retaliated against because of your pregnancy or related leave, call us for a free initial consultation at (909) 551-4455. Once we take on a case, there is no fee unless and until we achieve a settlement or verdict for you.
With offices in both San Bernardino and Los Angeles, we provide representation to employees throughout all of San Bernardino County, including, but not limited to Ontario, Upland, Fontana, Redlands, and Rancho Cucamonga.