Both the Federal Title VII and California's Fair Employment and Housing Act (“FEHA”) prohibit employers from discriminating against any employee for becoming pregnant or requesting leave associated with pregnancy. To establish a case of pregnancy discrimination, the employee must show that her employer knew that she was pregnant.
Under Title VII, the woman affected by the pregnancy must be treated the same for all employment-related purposes as other persons not so affected but similar in their ability to work.
Under FEHA, an employer may not discriminate against an employee for being pregnant. Also under FEHA it is unlawful for employers to refuse to provide reasonable accommodation requested by the pregnant employee on the advice of her healthcare provider. The FEHA applies if the employer has had five or more full time employees over the prior year.
Another statute, the California Pregnancy Disability Leave Law (“PDLL”) requires employers to provide up to four months of leave for employees actually “disabled” by pregnancy or pregnancy-related conditions. The PDLL provides pregnancy leave even when the employer's policies do not grant leave for other short-term disabilities.
After having a child the mother may entitled to an additional 12-weeks of leave for that reason under the California Family Rights Act (“CFRA”) which is California's state version of the Family and Medical Leave Act (“FMLA”). Whether leave is available depends on the employment circumstances (please see the family and medical leave practice area section).
Our age discrimination lawyers our part of California's largest statewide law firm that's dedicated to representing employees in disputes against their employers. Stephen Danz & Associates based in Los Angeles, California, protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees in they have not been paid the proper wages including overtime or minimum wage or given the proper meal breaks. If you believe that you are the victim of discrimination, please contact one of our age discrimination lawyers in Los Angeles to setup your free consultation. We take cases on a contingency basis and collect no attorney fees unless we win your case