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It is important to know that you’ve got rights when you become pregnant while permanently employed.
You cannot be discriminated against because:
- you are pregnant.
- you are breastfeeding.
- you gave birth.
- you are diagnosed with any medical condition related to pregnancy.
To discriminate against a pregnant woman is a form of sex discrimination. Your employer is also not allowed to take away job responsibilities from you or deny you a promotion just because you are pregnant. Any form of harassment is prohibited under the law and is illegal.
If anyone in the workplace harasses you, your employer is liable, so be sure to report it immediately. For more information concerning your unique situation, call KJT Law Group at (818) 651-9688 .
California’s Pregnancy Disability Leave Law
According to the Pregnancy Disability Leave Law, you are allowed to take time off for severe morning sickness, pre-natal or post-natal care, recovering from childbirth and even for the loss of a baby. If you can work, your employer should also reasonably accommodate you by modifying work practices or allowing you to take frequent breaks. They cannot force you to take leave just because you are inconveniencing the company.
Unfortunately, there are employers who will not let you take leave when you need it, harass you, or discipline you because of your pregnancy. It is discriminatory and you are within your rights to speak to a lawyer.
What Damages Can I Receive?
If an employer discriminated against you because of your pregnancy, you should be able to recover past- and future wages. You can also sue for emotional distress, attorney fees and in some cases punitive damages will also be awarded.
Frequently Asked Questions About Racial Discrimination
Can my Los Angeles employer refuse to hire me because I am pregnant or planning to become pregnant?
No. Under California’s Fair Employment and Housing Act (FEHA), it is illegal for a Los Angeles employer to refuse to hire you because you are pregnant or planning to become pregnant. Doing so constitutes pregnancy discrimination and may entitle you to pursue legal action.
What is the statute of limitations for filing a pregnancy discrimination claim in California?
In California, you generally have three years to file a pregnancy discrimination complaint with the Civil Rights Department under the California Fair Employment and Housing Act (FEHA), Government Code Section 12960. Acting promptly is strongly advised, as deadlines can vary depending on the specifics of your case.
What evidence should I collect if I believe I am being discriminated against due to my pregnancy in Los Angeles?
Document everything in writing. Save performance reviews, emails, texts, and any written communications from your employer. Note dates, times, and witnesses to discriminatory incidents. Keep records of any policy changes or demotions that occurred after announcing your pregnancy. A pregnancy discrimination attorney can help evaluate your evidence.
Can a small business in Los Angeles be held liable for pregnancy discrimination?
Yes. In California, employers with five or more employees can be held liable for pregnancy discrimination under FEHA. This means many small businesses in Los Angeles are covered. If your employer has at least five employees, you may have a valid claim regardless of company size.