Employers are obligated to accommodate the needs of pregnant women and are not allowed to harass or discriminate against them. However, it is not uncommon for pregnant women to be treated unfairly in the workplace, with some even being fired from their jobs. If you are pregnant and have been subject to harassment, discrimination, retaliation, or other illegal treatment, then our experienced Orange County pregnancy discrimination attorneys at Elite Employment Law can help you protect your rights and take legal action.
Laws That Protect Pregnant Women in the Workplace
Pregnant women are protected on the state and federal levels from discrimination, harassment, and retaliation. Laws also protect a pregnant woman’s right to reasonable accommodations in the workplace for pregnancy, birth, and related conditions.
In California, the rights of pregnant women include reasonable accommodations, up to four months of pregnancy disability leave, being transferred to a safer position as needed, and having time and a private place to express breast milk. Pregnant employees must provide employers with sufficient notice, as well as written medical information from a doctor so an employer can make the necessary accommodations. Additionally, the California Family Rights Act provides women with the right to take a period of protected leave after the birth of their child. Pregnant women also have the right to return to their previous positions or one that is comparable upon their return.
Similarly, the Pregnant Workers Fairness Act (PWFA) provides many of the same protections on the federal level that California does on the state level. It also protects a pregnant employee’s ability to work, receive benefits, and have job security throughout and after their pregnancy. Federal protections also exist to safeguard pregnant women from discrimination, harassment, and retaliation. Pregnant women are also covered under the Family and Medical Leave Act (FMLA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP).
How to Enforce Your Rights in the Workplace
While pregnant women have many legal protections, employers may try to find ways around these laws and still discriminate, retaliate or harass pregnant women. If you are pregnant and your rights have been violated, you can file a complaint with California’s Civil Rights Department. You also have the option to file charges with the U.S. Equal Employment Opportunity Commission (EEOC).
Once you submit your complaint and all relevant evidence, the appropriate agency will review, investigate, and respond to your complaint. Depending on the circumstances, you may have to attend a hearing, or you may be able to follow up your complaint with a lawsuit. To understand how your situation may be handled, be sure to talk with a lawyer and rely on them to guide you through the complaint and legal process.
Seek Legal Representation from Elite Employment Law Today
If employers violate your pregnancy rights, Elite Employment Law advocates for you and helps you reclaim them. We hold employers accountable for their poor and illegal behavior so you can recover your losses and get the support you need in the workplace. Our team provides help filing complaints and lawsuits, offers counsel and recommendations, and handles all case negotiations and communications. Contact us today to schedule a free consultation to learn more about us and get started with your case.