Discrimination in the workplace, based on pregnancy is prohibited under both California and federal law. Both Title IV of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (“FEHA”) provide that a pregnant employee must be treated the same for all employment-related purposes as any other employee who is similar in his or her ability or inability to work. Employers must accommodate a pregnant employee as they would an employee who is temporarily disabled, such as adjusting work duties and schedules.
EXAMPLES OF PREGNANCY DISCRIMINATION
The FEHA prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. It is illegal for an employer to do any of the following activities based on the fact that an employee is pregnant: (1) refuse to promote a pregnant employee; (2) discharge a pregnant employee; (3) discriminate against a pregnant employee in terms, conditions, or privileges of employment; (4) refuse to allow a pregnant employee the same benefits allowed other employees; (5) refuse to allow a pregnant employee up to four months of leave; (6) refuse to transfer a pregnant employee to a less strenuous or hazardous position if she requests a transfer and it can be reasonably done; or (7) refuse to provide a pregnant employee’s request for reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions;
A pregnant employee that is subjected to unlawful harassment or discrimination on the basis of pregnancy may be entitled to recover damages for emotional distress, lost wages, future wages, punitive damages, and attorney’s fees.
PREGNANCY DISCRIMINATION ATTORNEYS
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm 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 if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.