Pregnant women have the right to fair treatment in the workplace. All California employers with five or more employees must carefully adhere to both federal and state laws prohibiting discrimination against protected classes, including pregnant women. When an employer discriminates against a pregnant woman during the hiring process, in the workplace, or when returning from pregnancy disability leave or maternity leave, the employee has the right to file a complaint.
If you’ve experienced discrimination in the workplace due to your pregnancy, you may seek compensation for your losses. But first, it’s crucial to understand the process, including the deadline to file a discrimination claim against your employer.
California’s Deadline to File a Pregnancy Discrimination Case
According to the California Civil Rights Department (CRD), a claimant must file their complaint within three years of the last date of the discrimination. The deadline is much shorter to file a complaint as a violation of federal law. When filing a federal claim under the Equal Employment Opportunity Commission (EEOC), the claimant has 300 days to file a lawsuit.
The state’s protections are more extensive than those provided federally, applying to a greater number of employers. Also, federal cases limit the amount of compensation available for emotional distress compensation and punitive damages, which are not capped under state law. However, many claimants protect their rights by “cross-filing,” or filing complaints both federally and locally.
What Is a Request to Sue?
Before filing a discrimination claim, the claimant must first file a “Request to Sue” with the CRD. This request must include the pertinent information about the claim so the CRD can conduct a brief investigation before notifying the claimant that they may proceed with a lawsuit. It may take anywhere from a few days to several weeks or a month for a response granting the right to sue.
There are additional options available for an immediate response without an investigation. This option benefits claimants who are nearing the three-year deadline to file a pregnancy discrimination claim.
Some victims of pregnancy discrimination do not file complaints right away due to prioritizing their new baby, or because they don’t know their legal rights and protections, and aren’t certain if what happened to them was discriminatory. However, it’s not uncommon for the sense of injustice to linger. Fortunately, the state’s generous three-year time limit means it may not be too late to file a pregnancy discrimination claim.
Examples of Pregnancy Discrimination and Retaliation In the Workplace
Pregnant women are a protected class due to the long history of discrimination against pregnant women in the workplace. Still, despite the robust legal protections, some employers discriminate against pregnant women due to their need for increased time off for medical appointments, their accommodation needs, and their right to take maternity leave. Examples of discrimination against pregnant women include the following:
- Choosing not to hire someone based only on their pregnancy or plan to become pregnant
- Denying a reasonable accommodation request even though it won’t cause hardship for the employer
- Demanding an employee not to use their protected right to take pregnancy disability leave or calling them to return from leave early
- Stopping the employee’s benefits during their pregnancy leave
- Demoting an employee because of her pregnancy or maternity leave
- Denying a pregnant employee opportunities for training or advancement based on their pregnancy
- Reducing their hours and wages
- Creating a hostile work environment or harassing the employee as “punishment” for taking leave or to force them into quitting
- Wrongfully terminating an employee’s job because they requested a reasonable accommodation or pregnancy disability leave
Employers may not retaliate or wrongfully fire an employee for exercising their legal protections. Doing so leaves them subject to a successful lawsuit against them.
How Can an Experienced California Employment Lawyer Help Me?
No one should have to choose between their job and their family. When an employer tries to make you choose or punishes you for using your rights, you deserve legal representation protecting your best interests throughout the process. Call or contact Sparrow Law Group to learn more.