Pregnant women were once routinely discriminated against in general, but particularly in the workforce. Fortunately, both state and federal civil rights laws now strongly protect pregnant women from workplace discrimination during the hiring process, in the workplace, and when seeking a necessary accommodation or pregnancy disability leave. While these laws provide substantial protections, some employers ignore the law, hold implicit biases, or actively discriminate against pregnant women, denying them their job-protection rights. Knowing the law and how to file an appropriate complaint is crucial to upholding your rights.
What Are the Laws Protecting Pregnant Working Women In California?
California’s Fair Employment and Housing Act (FEHA) expands on federal protections for workers with several provisions for pregnant women in the workforce. FEHA allows pregnant employees to request reasonable accommodations at work during their pregnancy. For example, using a chair or stool, taking more frequent breaks, or avoiding heavy lifting and exposure to chemicals.
Pregnancy Disability Leave in California allows up to four months of unpaid, job-protected leave for those with pregnancy-related medical conditions, as long as their employer has five or more employees.
Finally, the California Family Rights Act (CFRA) provides up to 12 weeks of job-protected maternity leave, while the Family Medical Leave Act (FMLA) allows leave time to care for a loved one with medical needs, including during labor and delivery and the recovery process.
Under the above laws, an employer must continue the employee’s medical insurance and other benefits and cannot retaliate against the employee by demoting them or reducing their hours and wages after they return. The law also prohibits firing an employee because of their pregnancy, as long as the job termination was not due to other factors.
How Does the Complaint Process Work In a California Pregnancy Discrimination Claim?
Employees who’ve been discriminated against during hiring or in the workplace may file a complaint with the California Civil Rights Department. Before filing:
- Document all verbal exchanges and meetings, and obtain copies of all emails, messages, and written exchanges regarding the discrimination
- Gather the contact information of the employer who discriminated against you
- Inform the company’s HR department of the discrimination
- If the discrimination was denying you a pregnancy-related accommodation or pregnancy disability leave, keep a copy of your doctor’s medical certification stating that the accommodation or leave was medically necessary
- Gather the contact information of any eyewitnesses and copies of all HR forms regarding your complaint
- If you engaged in an interactive process with your employer about an accommodation or leave request, carefully note the dates and outcomes of all interactions and gather any relevant documents
Finally, contact an experienced California Employment lawyer to evaluate the merits of your case and begin a strategy to recover the compensation you deserve for your losses by demanding financial accountability from the employer.
Obtaining a Right to Sue Notice from the Civil Rights Department (CRD)
Employees seeking compensation through a pregnancy discrimination claim in California must file a lawsuit within three years of the date of the discrimination. First, they must obtain a right-to-sue notice by filing an intake form with the Civil Rights Department. The CRD investigates and conducts interviews to determine if the case has merit before issuing a right-to-sue notice, typically within 30 days of filing the complaint. Once you receive a right-to-sue notice, you have up to one year to file a lawsuit in state court. You may file a federal lawsuit under the Equal Employment Opportunity Commission (EEOC) simultaneously if the claim falls under federal law as well. In some cases, California’s Civil Rights Department does this automatically and informs you through written notice.
What Happens After Filing a Pregnancy Discrimination Lawsuit In California?
Depending on the unique circumstances of your case, your lawsuit may require mediation attempts between you and the employer, sometimes resulting in a settlement to avoid a time-consuming and more expensive court process. Compensation in a pregnancy discrimination claim often includes lost earnings and benefits as well as compensation for emotional damages. In cases of egregious discrimination, the claimant could also receive punitive damages paid by the employer.
How Can a California Employment Lawyer Help?
Instead of adding the anxieties of a legal process without skilled representation to the already distressing circumstances of pregnancy discrimination, call the California employment lawyers at Sparrow Law Group to learn more about your legal options for the financial recovery and sense of justice you deserve.