Discrimination based on pregnancy isn't legal under both the California Fair Employment and Housing Act (FEHA) and the Fed. Title VII laws. This includes discrimination based on pregnancy, birth, or related medical conditions.
Even discrimination primarily based on the “potential” for pregnancy isn't legal. As an example, in a particular case a manufacturing company would not allow women to work certain roles because if they were pregnant there might be damage to their fetus. This was unlawful discrimination. Additionally it is illegal for an employer to ask a possible employee whether or not she is or will become pregnant. Bottom line: pregnancy discrimination is unlawful.
Accommodating Pregnancy
Employers have a bunch of responsibilities to workers who get pregnant. For instance, if a woman conceives, and with the guidance of her doctor asks for a position that's less energetic or dangerous, the employer must transfer her to another position if it has one, or can make one without being “unduly burdened”. Fundamentally, if its not too much difficulty for the employer to house the woman’s needs , he should do it.
Pregnancy Family Medical Leave
Fed. Title VII Law doesn't explicitly need employers to assign Pregnancy leave, while it does prohibit Pregnancy discrimination. However , the Fed Law requires companies to grant medical leaves, which apply to pregnant women (See separate section on family and medical leave.)
The California FEHA specifically gives pregnant staff the prerogative to take a leave of absence for a fair period of time, not to exceed four months. The employer does not have to pay his employee during this time.
A “reasonable period of time” is the period of time where the girl is “disabled” because of her pregnancy, birth, or related medical issues. “Disabled” in this context essentially means she won't work. During a Pregnancy leave, a woman might also use any holiday time she has accrued.
Employers can need any worker who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is anticipated to last.
Employers often can't force a pregnant worker to go on pregnancy family medical leave. It is there if the girl wants it. However , if the employer can show the woman really can not do her job, or is “disabled” by the pregnancy, he may be permitted to make her take a leave of absence. This is nonetheless , a very tough situation for the employer, because it is likely the pregnancy can somehow be accommodated, which means the lady should be allowed to remain.
Robarta Danvil was fired for falling pregnant and she called Los Angeles employment lawyers who assisted her get her job back. She knows that employment lawyers can make a real difference in fighting discrimination.
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