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Pregnancy Discrimination

Pregnant employees and those applying for jobs cannot be discriminated against on the basis of their pregnancy, and those who have been discriminated against can pursue legal actions for financial recovery and other relief (including restoration of their jobs) pursuant to California and federal law. If you have experienced discrimination due to a pregnancy – either in hiring, advancement, or termination – or if you have been denied rights such as medical leave or reasonable accommodations on the job, you may have grounds for a lawsuit against your employer.

By working with the employment discrimination team at Vogel Law, APC of Pasadena, you can explore your options under California and federal law to win the recovery and justice you deserve, while sending a clear message to employers that they will be held accountable for violating the employment rights of pregnant employees across California.

Pregnancy Discrimination in Employment Decisions

Employers are prohibited from discriminating against a pregnant employee or an applicant for a position on the basis of the pregnancy. Contact our team if you feel an employer or potential employer has discriminated against you on the basis of pregnancy in any of the following contexts:

  • Decisions on whether to hire you
  • The tasks or work assignments you are given (employers must make reasonable accommodations)
  • Demoting you to a different role, position, or pay structure
  • Terminating your employment
  • Harassment

Reasonable Accommodations for Pregnant Employees

It is certainly the case that pregnancy can be an enormous physical and mental challenge for employees, and it can affect the types of tasks that can be accomplished, especially for those in more physically strenuous positions.

But under state and federal law, most employers are required to make reasonable accommodations for pregnant employees, which means they should take reasonable steps to provide pregnant employees with alternative tasks, work environments, schedules, or any other accommodations – within reason – which will allow them to continue to work on behalf of the company.

Furthermore, once the employee is ready to return to work after pregnancy and any postnatal care and physical or mental recuperation, the employer should reinstate the employee to her previous situation. If your employer has failed to provide reasonable accommodations to you either during or after your pregnancy, contact our team to learn about your options.

Right to Medical Leave for Pregnant California Employees

If you work at a company of five or more employees in California, you are entitled to up to four months of leave from your position for any type of physical or mental condition related to a pregnancy or loss of pregnancy, including:

  • Prenatal or postnatal care
  • Postpartum depression
  • Morning sickness
  • Depression or other mental conditions related to the loss of a pregnancy
  • Bed rest

Your employer should continue your insurance coverage during your leave and should restore you to your previous pay following your leave. Failure to do so can result in grounds for a lawsuit.

Contact a Pasadena Pregnancy Discrimination Attorney Today

Vogel Law, APC represents California workers in helping them win justice and financial recovery through pregnancy discrimination, wrongful termination, and other labor law matters. With three decades of experience in bringing hundreds of actions on behalf of California workers, Brian Vogel has the skills, tenacity, and deep knowledge of California and federal employment law to fight for justice on your behalf. Contact him today to schedule a consultation regarding your potential pregnancy discrimination claim.

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Mr. Vogel was there every step of the way to help guide and encourage me and to patiently answer my questions. If you are looking for a professional, compassionate and tough minded attorney, I strongly endorse Mr. Vogel.