San Diego Pregnancy Discrimination

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats a pregnant employee unfavorably, typically by making employment decisions based on her pregnancy. This type of discrimination is illegal under both federal and California state law.

Pregnancy discrimination laws apply to all employers, including those with fewer than 15 employees.

What Is the Pregnancy Discrimination Act?

Under the Pregnancy Discrimination Act (PDA), employers are not allowed to discriminate against employees or job applicants based on pregnancy, childbirth, or a related medical condition. The PDA applies to employers with 15 or more employees.

The PDA also requires employers to treat employees who are temporarily unable to work because of pregnancy or a related condition the same as they would treat other temporarily disabled employees. For example, if an employer allows temporarily disabled employees to modify their work, such as by taking on light duty or alternative assignments, the employer must also allow an employee who is temporarily disabled due to pregnancy to do the same.

Employers are also not allowed to single out pregnancy-related conditions for special procedures to determine an employee's ability to work. For example, if an employee is temporarily unable to perform her job due to pregnancy, her employer cannot require her to submit to a doctor's note stating that she can return to work.

What Is the California Pregnancy Discrimination Leave Law?

The California Pregnancy Disability Leave Law (PDLL) is similar to the PDA, but it provides additional protections for pregnant employees. Under the PDLL, employers are required to provide reasonable accommodations to employees who are disabled due to pregnancy, childbirth, or a related medical condition.

The PDLL applies to employers with five or more employees. It provides up to four months of leave for employees who are disabled due to pregnancy, childbirth, or a related medical condition. The leave can be taken before or after the birth of the child and can be taken in increments of one to two weeks, depending on the employer's policies.

The PDLL also requires employers to guarantee that employees who take pregnancy disability leave can return to their job or a comparable position after their leave ends.

Notably, the PDLL provides leave in addition to the leave provided under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA).

The CFRA and FMLA provide up to 12 weeks of unpaid, job-protected leave for employees who are disabled due to pregnancy or who need time off to care for and bond with a newborn child. The CFRA and FMLA only apply to employers with at least 50 employees that are located within 75 miles of the employee's worksite.

Examples of Pregnancy Discrimination

Employers can be held liable for pregnancy discrimination if they make employment decisions based on an employee's pregnancy or related condition. Employment decisions can include:

• Refusing to hire an applicant because she is pregnant
• Terminating an employee because she is pregnant
• Demoting an employee because she is pregnant
• Failing to promote an employee because she is pregnant
• Refusing to provide reasonable accommodations to a pregnant employee
• Refusing to allow a pregnant employee to take leave

Employers can also be held liable for pregnancy discrimination if they allow harassment to occur in the workplace. Pregnancy harassment can include:

• Unwelcome comments about a pregnant employee's body
• Unwelcome comments about the employee's pregnancy
• Unwelcome comments about the employee's ability to perform her job
• Unwelcome comments about the employee's need to take leave
• Unwelcome comments about the employee's need for accommodations
• Unwelcome comments about the employee's ability to return to work after her pregnancy

Employers are required to take steps to prevent and address pregnancy discrimination and harassment in the workplace. This can include providing employees with information about their rights, training employees on how to identify and prevent discrimination, and taking prompt and appropriate action when an employee's rights are violated.

How to Prove Pregnancy Discrimination

Proving pregnancy discrimination can be challenging, as employers will often try to come up with legitimate, non-discriminatory reasons for their actions. However, an experienced attorney can help you gather the evidence you need to prove your claim.

To prove pregnancy discrimination, you generally need to show that you were subjected to an adverse employment action because of your pregnancy or related condition. An adverse employment action is a negative action taken by an employer that affects the terms or conditions of employment.

Examples of adverse employment actions include:

• Refusing to hire an applicant
• Terminating an employee
• Demoting an employee
• Failing to promote an employee

Employers are required to provide reasonable accommodations to pregnant employees. You may also be able to pursue a claim if your employer refused to provide you with a reasonable accommodation or if you were harassed in the workplace because of your pregnancy.

What Is a Reasonable Accommodation for Pregnancy?

Under the PDA, employers are required to provide reasonable accommodations to pregnant employees. This means that if you are temporarily unable to perform your job due to your pregnancy, your employer may be required to provide you with a light-duty assignment, disability leave, or unpaid leave.

Notably, employers are required to provide reasonable accommodations to pregnant employees even if they do not provide accommodations to other temporarily disabled employees. For example, if your employer does not allow temporarily disabled employees to take leave, your employer may still be required to provide you with leave if you are temporarily disabled due to your pregnancy.

Employers are also required to provide reasonable accommodations to pregnant employees if they provide accommodations to other employees who are similar in their ability or inability to work. For example, if your employer allows employees to modify their work schedule to accommodate a disability, your employer may be required to allow you to modify your work schedule if you are temporarily disabled due to your pregnancy.

What Is the Notice Requirement for Pregnancy Discrimination Claims?

If you are subjected to pregnancy discrimination, you are generally required to notify your employer of the discrimination before you can pursue a claim. However, you are not required to use specific language or submit your complaint in writing. You can simply tell your employer that you believe you are being discriminated against or harassed because of your pregnancy.

Once you have notified your employer of the discrimination, your employer is required to conduct an investigation and take steps to address the situation. If your employer fails to take prompt and appropriate action, you may be able to pursue a claim.

What Is the Statute of Limitations for Pregnancy Discrimination Claims?

If you are subjected to pregnancy discrimination, you generally have 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). You may have up to 300 days to file a claim if your state has a pregnancy discrimination law and an agency that enforces that law.

Once the EEOC has completed its investigation or 180 days have passed, you will receive a Right to Sue letter, which will allow you to pursue a claim in court. You generally have 90 days to file a claim after receiving a Right to Sue letter. If you are unable to resolve your claim with the EEOC, the EEOC may file a lawsuit on your behalf.

How to File a Pregnancy Discrimination Claim

There are a number of steps you can take to increase your chances of success when filing a pregnancy discrimination claim. An experienced attorney can help you gather the evidence you need to prove your claim and guide you through the process.

To file a claim, you generally need to submit a complaint to the EEOC. You will be required to provide the EEOC with certain information, including your name, contact information, and the name and contact information of your employer. You will also be required to provide the EEOC with a description of the events that led to the discrimination, as well as any supporting evidence.

The EEOC will then conduct an investigation to determine if there is reasonable cause to believe that discrimination occurred. If the EEOC finds reasonable cause, it will try to negotiate a settlement with the employer. If the EEOC is unable to negotiate a settlement, it may file a lawsuit on your behalf.

If the EEOC is unable to find reasonable cause or if the EEOC decides not to file a lawsuit, it will issue a Right to Sue letter, which will allow you to pursue a claim in court. Once you receive a Right to Sue letter, you generally have 90 days to file a claim.

How Can M&A Law Offices Help?

If you believe that you have been discriminated against because of your pregnancy, it is important to speak to an experienced attorney as soon as possible. At M&A Law Offices, we can help you understand your rights and determine if you have a viable claim.

If you have a claim, we can guide you through the process of filing a claim and provide you with the strong representation you need and deserve. We can help you gather the evidence you need to prove your claim and negotiate a fair settlement with the employer. If a settlement cannot be reached, we can represent you in court.

Get the Help You Need Today

If you believe that you have been discriminated against because of your pregnancy, contact us online or call us today at (888) 716-4314 to schedule a consultation with one of our pregnancy discrimination attorneys. We can review your case and help you understand your rights and options.

Don't wait to get the help you need. Call us today at (888) 716-4314 to get started.