You are protected against pregnancy discrimination because of the Pregnancy Discrimination Act. The Act is an amendment to Title VII of the Civil Rights Act of 1964. Essentially, it prohibits employers from treating a pregnant woman in an unfavorable way. This includes pregnancy, childbirth, or a medical condition related to childbirth or pregnancy.
If a woman is unable to perform her regular job duties due to pregnancy or childbirth, the employee should be treated in the same way that the employer is expected to treat any other employee with a temporary disability. This means that unless it presents undue hardship for the employer, the employer should provide alternate job duties or modifications, disability leave, or leave without pay. Undue hardship includes excessive difficulty or cost given the employer’s size and financial resources.
A pregnant woman must be allowed to continue working for as long as she is able to perform her job. If she has a temporary pregnancy related condition that does not allow her to work for a period of time, but is later able to perform her job once again, she must be allowed to come back to work even though she has not had the baby yet. The employer must also not force a specific period of leave to be taken after giving birth. However, under the Family and Medical Leave Act (FMLA), in many situations, the employer must permit a specific period of leave to be allowed (but not forced) after childbirth or adoption.
The most important thing to note regarding pregnancy discrimination is that the employer must treat pregnant employees in the same way as other temporarily disabled employees. If you are pregnant, and being treated in an unfavorable way in comparison to the way other employees with disabilities are being treated, then you should contact an experienced attorney.
Proving discrimination can be challenging, but with the right legal team, it can be done. There are a variety of ways that the qualified California lawyers at Kingsley & Kingsley can assist you. Take the first step to protecting yourself and stopping this hurtful and illegal behavior. Take advantage of a free initial consultation to discuss your specific case by calling the toll free number (888) 500-8469 or click here to contact us regarding your case.