Our Orange County Pregnancy Discrimination Lawyers Fight for mothers and families when employers discriminate due to a pregnancy.
Parenthood is one of the blessings of life. Many employers do help expectant mothers and mothers who recently gave birth to a child. Sadly, and often in violation of the law, some employers refuse to hire, fire, or promote pregnant women. Orange County employers may refuse to comply with the state and federal family and medical leave laws. When employers violate your rights if you’re pregnant or just had a child, they deserve to be held accountable.
At True Legal Group, our legal team is dedicated to fighting for the rights of pregnant employees. We’ll explain what state and federal laws protect pregnant employees and mothers who recently gave birth. These laws help mothers keep their jobs and help them take the time off they need to bond with their newborns. If you’re pregnant or recently became a parent, contact us. You may be able to hold your Orange County employer accountable for violating your rights. We fight for women who are pregnant, have pregnancy-related health disorders, postpartum health conditions, or just need time with their new child.
How can our Orange County Pregnancy discrimination lawyers help?
- What are examples of workplace pregnancy discrimination in Orange County?
- What federal and state laws protect expectant mothers and mothers who recently gave birth in Orange County?
- What is the value of my Orange County pregnancy employee rights claim?
What are examples of workplace pregnancy discrimination in Orange County?
There are laws that protect pregnant women from discrimination in hiring, termination, and advancement. There are even laws that require that employers provide reasonable accommodations for expectant mothers. Examples of discrimination include:
- Discharging a mother who becomes pregnant or has a pregnancy-related disability
- Not hiring you because you’re pregnant
- An employer asking you at a job interview if you are pregnant or plan to become pregnant
- Demoting you to a lower paying or less suitable job while you’re pregnant or after you give birth
- Treating you adversely because of your pregnancy or pregnancy-related conditions
What federal and state laws protect expectant mothers and mothers who recently gave birth in Orange County?
Our Orange County pregnancy discrimination lawyers assert every law that supports your right to have and take care of your children. Some of these laws are:
The Pregnancy Discrimination Act (PDA).
This law, enacted in 1978, provides that “Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII.” Other key provisions provide that employers:
- Cannot refuse to hire a pregnant woman who is otherwise qualified to do the work
- Cannot refuse to hire a pregnant woman because the employer doesn’t like to associate with pregnant women.
- Cannot require that a mother wait a specific time after childbirth before returning to work
- Must allow a mother to take temporary disability or leave without pay if other temporarily disabled employees have the same benefit
- Must comply with the federal Family and Medical Leave Act – provided the mother qualifies
- “Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as expenses for other medical conditions.”
- If an employer provides any benefits to workers on medical leave, the employer must provide the same benefits for those on medical leave for pregnancy-related conditions.
These conditions apply to “pay, job assignments, promotions, layoffs, training, fringe benefits, firing, and any other term or condition of employment.”
Other PDA requirements include requiring that employees be granted the right to work from home, must be provided with adaptive devices or other equipment to do their job, and many other conditions our Orange County pregnancy lawyers will explain.
The PDA applies to employers with 15 or more employees.
California’s Fair Employment and Housing Act (FEHA)
This state law applies to employers who have five or more employees. Some exemptions apply. Employers must inform employees of their pregnancy discrimination rights. FEHA provides employment discrimination protection by making withholding compensation or refusing to grant reasonable leave to pregnant employees illegal.
California Pregnancy Disability Leave Law (PDL)
This part of the FEHA guarantees that employees who become disabled due to pregnancy, childbirth, or have a related medical condition are entitled to leave and continued pay by the employer and group health insurance benefits while the mother is on pregnancy disability leave. Additional aid may also be available from the state.
The California Family Rights Act (CFRA)
This law grants pregnant employees the right to take up to four months of reasonable leave – and to use any available vacation days during their pregnancy leave. The leave is unpaid except for the vacation days and if the leave was contractually provided for.
The Family and Medical Leave Act (FMLA)
This federal law provides that expectant employees and recent mothers can take up to 12 weeks of leave for childbirth, pregnancy complications, prenatal care, and care during the first year of the child’s birth. There are eligibility requirements based on the amount of time the employee worked prior to requesting leave. Group health insurance should continue. The mother should be able to return to the same job at the same pay and the same benefits they had prior to take the leave.
What is the value of my Orange County pregnancy employee rights claim?
The remedies and damages you can seek depend on the type of wrong and which law protects you. Our Orange County offices at True Legal Group seek to place you in the same position as if the discrimination or other violations had not occurred. Your claim may include the following damages and remedies:
- Job reinstatement – to the job, pay level, and benefit level (including seniority) as before the termination
- Lost pay, lost benefits, lost insurance, and other financial losses
- Any medical expenses incurred due to the employer’s violations of your rights
- Compensation for any emotional trauma due to the violation of your rights
- Statutory damages
- Legal fees
At True Legal Group, our trial lawyers are experienced at negotiating settlements, presenting cases to agencies, and arguing your case before juries. We work to show that pregnancy discrimination or the violation of your legal rights occurred – through your testimony, our questioning of every witness including your employer, the production of all relevant records including your employment history, and any other complaints filed with your employer.
You have rights. Don’t file or settle your claim on your own. True Legal Group is a relentless advocate for pregnant employees who face discrimination, refusal of leave, and other employment violations. To assert your pregnancy employment rights, please call the True Legal Group today at (424) 286-1811.
