Some businesses, companies and even small firms have been known to terminate the contract of, or treat unfairly, a female employee who has made their employers aware that they are expecting a child. During the months that follow the pregnancy announcement, the employee can be affected negatively in her role within the workplace in many different ways. These include being indirectly demoted, through loss of previous responsibilities, an apparent denial of a promotion due to them, or the refusal of medical leave where needed. This behaviour from an employer gives a basis for the employee to file a lawsuit and possibly claim compensation for their actions.
The discrimination of pregnant female employees is a common occurrence, and one that many lawyers deal with on a daily basis. Although most cases are legitimate cases, where a lawsuit can and will be successfully filed against the employers or company, some of the cases brought to the attention of lawyers would not be successful in a court of law.
Within such cases, pregnant women often suffer in their workplace due to their employees unexpectedly, and without reason, deeming them unsuitable to carry out certain tasks within the workplace. In certain cases, employers have been known to reduce the hours of a pregnant female employee, or their responsibilities within the company, in order to force them into resigning from their position. In other cases, the employer will claim that the employee is providing a poor level of work, or has become irreliable without reasoning, and can terminate their contracts.
California Law provides pregnant females with broad protection, in order to reduce the chances of discrimination from occurring due to their pregnancies. These are supported further by federal laws that state it is against the law for any employer to demote a pregnant female from their current position, transfer them from one department to another without reason, or to fabricate reasoning to terminate the employee`s contract.
California Law states that a female is entitled to up to four months of leave after the delivery of a child, though this can also be taken during the latter parts of the pregnancy if required, under the Pregnancy Disability Leave Law (PDDL). The PDDL allows a pregnant female to take their leave early in order to relieve themselves of pregnancy related medical issues. This time taken can also be extended by twelve weeks, in accordance to the California Family Rights Act (CRFA), to allow the mother of the child to nurture and bond with the baby for a short period after delivery.
All employers must honor the instructions of a medical professional in relation to a pregnant female; this could include them not partaking in activities such as lifting heavy items, standing for long periods of time or working long shifts. If an employer denies to acknowledge the instructions of a medical professional in relation to the health of a pregnant female, including allowing leave for medical reasons, the employee would have grounds to file a lawsuit. This could result in the employer paying the employee compensation to cover loss of income during the time period requested, emotional stress and other such aspects.
As a company, we are able to assess the claims for pregnancy discrimination against an employer and can advise on how best to handle a situation. With the correct information in relation to the claims, our lawyers can discuss the possibility of making a claim with an individual and will offer support if the case is taken to court.
Call us now and speak directly with a pregnancy discrimination lawyer at 1-559-478-8826.
Thank You! Your message has been sent.
Something went wrong, try refreshing and submitting the form again.