Workers in California have 3 years to file a pregnancy discrimination complaint with the California Department of Fair Employment and Housing. You can also file a complaint at the federal level through the Equal Employment Opportunity Commission. The deadline for an EEOC workplace discrimination complaint is 180 days from the date of violation by your employer.
Discrimination, harassment, and retaliation based on pregnancy is illegal, since pregnancy is a protected characteristic under both California and federal laws. As a victim of workplace discrimination, you may be entitled to monetary damages, such as lost wages and work benefits, and emotional distress resulting from the unfair treatment you were subjected to.
Our employment lawyers are here for you 24/7, so contact us if you have questions about your legal rights, such as:
- Can I sue my employer after being fired for being pregnant or after giving birth?
- Am I allowed to file a lawsuit against my employer after being demoted or denied a promotion / pay raise that I was qualified to receive?
- What are the steps I need to take if I want to file a workplace discrimination complaint after leaving my job?
California Laws Concerning Pregnancy Discrimination
The laws in California do not cover all categories of workers under its anti-discrimination laws, but most people do have a right to these protections. Thus, you can seek legal remedies for pregnancy discrimination if you fall into one of the following categories:
- Employees – those who are classified as employees receive a wide range of protections in the event they are facing workplace discrimination and retaliation. Independent contractors, on the other hand, do not have the right to file a complaint for pregnancy discrimination.
- Job applicants – an applicant is under no obligation to disclose their pregnancy status, nor can a prospective employer ask if the applicant is pregnant, plan on having children, and questions that have to do with their pregnancy status.
- Temp Agency Workers – temporary workers also have the option to file a pregnancy discrimination claim. However, they should consult an employment lawyer who can help them decide if they should sue the company they work for, the temp agency, or both.
- Interns – whether you are a paid or unpaid intern, you are covered by California’s anti-discrimination laws if you lose your internship because you are pregnant or your pregnancy status is the reason you were not permanently hired by the company.
Conditions that Merit Accommodations for Pregnant Employees
Pregnancy in itself is not considered a disability. However, those who are pregnant are likely to experience one or more conditions that impact their ability in the workplace. Thus, an employer is required to make reasonable accommodations for disabling conditions that affect pregnant employees. If you are denied accommodations that do not place an undue burden on your employer, you may have grounds to file a pregnancy discrimination lawsuit.
Conditions for a pregnant woman that justify accommodations in the workplace include:
- Morning Sickness –if the employee has extreme cases of morning sickness that are exacerbated by their work environment.
- Bed Rest – a high risk pregnancy can result in the worker being placed on mandatory bed rest. Whenever possible, such workers should be allowed to work from home during the pregnancy.
- Gestational Diabetes – those who develop this form of diabetes during a pregnancy need to test their blood sugar and take insulin throughout the day. These employees should be given additional breaks to accommodate the need for these tasks.
- Loss of Pregnancy – those who have suffered a loss of pregnancy may need time to recover physically and mentally from their ordeal. California law provides such workers with up to 5 days of leave for a miscarriage, stillbirth, failed IVF / surrogacy, and failed adoption.
What are my Rights as a Victim of Pregnancy Discrimination?
Employers must make attempts to provide an employee with reasonable accommodations when they are pregnant. Thus, the accommodation must be within reason based on the type of business, available space, essential work duties, and other relevant factors.
Clearly, some workers engage in job tasks that can place their baby (or themselves) in danger during a pregnancy. Workplaces can accommodate such employees by making temporary changes in their work functions. Or, the worker may be allowed to assume a different position at work that’s less physically demanding if one becomes available and they are qualified to take on the role.
It’s also important to think about the employee’s need to breastfeed / pump breast milk once the child is born. Lactating mothers have a right to ask for a private, clean and safe space for pumping milk and nursing. Under the Fair Labor Standards Act, employers are forbidden from asking their employees to use the bathroom as a space for feeding and pumping breast milk.
Pregnant workers also have many doctors’ appointments throughout and after their pregnancy. Some of these appointments cannot be scheduled in advance, and employers need to make every attempt to accommodate the worker’s sudden need to call out of work for a medical appointment.
Statute of Limitations for a Pregnancy Discrimination Complaint
Under California law, workplace discrimination claims generally have a 3-year statute of limitations. In essence, if you were fired or subjected to other unlawful treatment at your job, you must file a labor complaint within 3 years of when the alleged violation occurred. Keep in mind that this is the deadline for a complaint with California’s Department of Fair Employment and Housing. Complaints with the Equal Employment Opportunity Commission must be filed no later than 180 days of when the discrimination occurred. Once you receive a “Right to Sue” letter from either entity, you have 1 year from the date on the letter to file a civil lawsuit.
Contact a California Pregnancy Discrimination Lawyer
It can seem like there’s no way out when you are subjected to harassment and other acts of discrimination in the workplace. Sadly, many workers are fired for trying to assert their rights, or end up quitting their job for the sake of their physical and mental health, which is particularly important when you are pregnant.
Our law firm is here to educate you on your rights and help you move forward from this painful time in your life. From filing a complaint to representing you in a lawsuit and fighting for the settlement you deserve, you can count on us to be there every step of the way.
We represent all clients on contingency under a policy known as the Zero Fee Guarantee. That means we only get paid once we secure payment on your behalf. So, if we you don’t receive compensation from an unfair treatment in the workplace lawsuit, you pay us $0 in legal fees.
To schedule a free case evaluation with a member of our legal team, contact our law firm as soon as possible.
