Yes, you can sue for wrongful termination based on pregnancy in California. A pregnancy is a joyous time for many women, but unfortunately, some employers still have stereotypes about workers who are pregnant, as well as new mothers returning to work after having a baby. These employees face discrimination because of their pregnancy status, including termination of employment.
This is considered wrongful termination, which is illegal under state and federal laws. If you believe that you were fired from your job due to pregnancy, please take some time to discuss your situation with one of our attorneys. We look forward to advising you of your rights and helping you determine the best way to move forward.
Wrongful Termination of Pregnant Workers
Under California’s Fair Employment and Housing Act, employers are prohibited from discriminating against employees due to a protected characteristic, such as gender or pregnancy. Acts of discrimination include termination of employment, which normally does not happen right away. Usually, the workers is subjected to unfair treatment in the workplace, like being demoted, having their hours cut, being excluded from work activities, and being harassed about by supervisors and co-workers.
Failure to provide reasonable accommodations is another form of discrimination against workers who are new mothers or expecting a baby. Expectant mothers, for example, may need more bathroom breaks or flexibility in their schedule to accommodate doctor’s appointments. They may also need to modify certain tasks associated with their job, especially those that are physically demanding. Employers cannot ignore these requests, and they must work with you in order to come up with accommodations that are reasonable based on the circumstances of your employment and workplace.
Those who ask for accommodations due to pregnancy or having had a baby also face the risk of wrongful termination. A common scenario involves the worker asking for reasonable accommodations after being diagnosed with preeclampsia. The request is within reason and would not pose undue hardship for the employer. However, the worker ends up receiving a termination notice days later, which is likely a form of retaliation by the employer. In a situation like this, you may have grounds to sue your employer for wrongful termination.
The Pregnancy Discrimination Act under Title VII
Title VII of the Civil Rights Act of 1964 includes the Pregnancy Discrimination Act – a federal law prohibiting discrimination based on someone’s pregnancy status. The law is enforced at workplaces with 15 or more employees, and the terms are applicable to workers that are pregnant or have a physical / mental disability.
Unfortunately, many employers readily accommodate employees with a temporary or permanent disability, but fail to apply the same principle to pregnant individuals. Let’s say, for example, that your co-worker is approved for temporary reassignment because of a broken arm. You find out that you are pregnant, and based on advice from your doctor, ask your employer for reassignment to less physically demanding tasks. Instead of providing you the accommodation, your employer cuts your work hours, and when you complain, they fire you from your job altogether. Your own situation may be different, but rest assured that we are here to help if you are a victim of wrongful termination due to pregnancy. Simply contact our law firm and ask for a free, confidential case review.
Your Rights under the Pregnancy Disability Leave Law
Employers covered under the California Pregnancy Disability Leave Law must allow up to 4 months of unpaid maternity leave based on pregnancy, giving birth, or a related medical condition. Please note that it does not matter how long you have worked for the employer; as long your workplace has at least 5 employees, you are covered for pregnancy disability leave.
If you lose your right for requesting time off under this law, you may be entitled to monetary damages from a wrongful termination lawsuit. Alternatively, you may be fired upon returning from after a leave for pregnancy or associated medical issues. This can also form the basis of a pregnancy discrimination wrongful termination lawsuit against your employer.
Family Leave under State and Federal Laws
Another set of laws you should be aware of are the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These are laws that allow female workers to request a certain amount of unpaid leave to bond with their child after birth or adoption (or bonding with a foster child).
Employers that meet the requirements of the CFRA must allow up to 12 weeks of pregnancy leave. So, in combination with the Pregnancy Disability Leave Law, a pregnant worker is permitted to take 7 month of maternity leave without fear of losing their job.
Contact a Los Angeles Wrongful Termination Lawyer
If you were terminated from your job or subjected to other unfair treatment by your employer, please take some time to speak with one of our legal experts. That way, you can learn about your rights and the legal options that are available to you. We have a proven track record of recovery and decades of experience in wrongful termination lawsuits, so you can depend on us for skilled and aggressive representation.
Part of our commitment to California workers includes the Zero Fee Guarantee. This is an agreement that allows you to hire an attorney for $0. In essence, we represent you on contingency and wait till the release of your settlement check to deduct legal fees. This way, there is no risk to your finances in the event we fail to recover your damages.
Taking advantage of this offer is easy; just contact the offices of California Labor Law Employment Attorneys Group and schedule a free consultation.
