L.A. Pregnancy Discrimination Lawyer
Los Angeles pregnancy discrimination lawyer Cyrus Shahriari has heard many stories from clients, friends, and associates who have been impacted by pregnancy discrimination. There is no doubt but that pregnancy discrimination is something thousands of women face in the workplace each year.
Some women are discriminated against just because they could get pregnant. The law considers discrimination because of pregnancy to be as serious as any other type of discrimination, and you should, too.
As common as pregnancy discrimination is in the workplace, many women fear complaining about it or taking action to stop it. They, understandably, believe they could be retaliated against by the company or that their career could be destroyed long-term.
Retaliation is as illegal as discrimination. If your employer retaliates against you, you could be due additional compensation.
The Law and Pregnancy Discrimination
Pregnancy discrimination is when an employer treats a pregnant employee OR job applicant unfavorably because of the pregnancy, childbirth, adoption, foster care, or related medical conditions. This is against federal and California laws.
Pregnancy Leave
There are three laws that may apply to you when calculating the amount of pregnancy leave you are eligible for, the:
- Family Medical Leave Act (FMLA)
- A federal law that, if you meet specific criteria, allows you 12-work weeks of pregnancy leave.
- California Family Rights Act (CFRA)
- A state law that, if you meet specific criteria, allows you 12-work weeks of pregnancy leave.
- Pregnancy Disability Leave (PDL)
- This is a California law. Though pregnancy itself is not a disability and disability laws generally do not apply to pregnancy, you could have a physical or mental condition related to your pregnancy that makes it difficult or dangerous for you to perform your job.
- Examples include severe morning sickness, the need for bed rest, gestational diabetes, mastitis, recovery from the loss of a pregnancy, and more.
- Your doctor must recommend PDL and how long your leave needs to be, but you are entitled to up to four months of PDL per pregnancy.
- If your employer allows others with disabilities to take more than four months, you, also, must be provided the same amount of time as any other employee who suffers a disability.
As of Jan. 1, 2018, California Senate Bill 63, also known as the “New Parent Leave Act,” expands leave protections to companies that have at least 20 employees within a 75-mile radius of the company.
To be eligible for 12 weeks of pregnancy leave under FMLA and/or CFRA, you must have:
- Worked for your employer for at least 12 months (temporary or part-time work is counted).
- Worked at least 1,250 hours (about 25 hours per week), during the 12-month period.
- Worked for an employer who employs at least 50 people within a 75-mile radius of your work site.
If you are eligible for FMLA and CFRA, you may take the time successively, giving you 24-work weeks of pregnancy leave. PDL, if applicable, in most cases, is at the same time as leave under FMLA and CFRA.
Workplace Breastfeeding Laws
Both federal and California laws protect women who want to breastfeed or express milk while they are at the workplace.
All employers are required to provide breastfeeding mothers break time and reasonable accommodations that are private and, if possible, close to the employee’s work space. The space cannot be a bathroom stall. If the breastfeeding mother needs more time than her normal break time, if at all possible, she should be given it, but the extra time does not need to be paid.
Employer Retaliation
Retaliation against a pregnant woman for requesting maternity leave, related sick days, or lactation accommodations may happen. But if it does, then your employer opens themselves up to additional legal penalties.
Under California law retaliation for reporting discrimination is unlawful, regardless of whether you win your discrimination case or not.
Timelines
You have a very brief time to file a pregnancy discrimination lawsuit against your employer. If you think your employer has illegally discriminated against you, contact Los Angeles pregnancy discrimination lawyer Cyrus Shahriari as soon as possible for a free, no-obligation, and confidential consultation.
The Cost of a Los Angeles Pregnancy Discrimination Lawyer
If Los Angeles pregnancy discrimination lawyer Cyrus Shahriari is able to take your pregnancy discrimination case, you pay no attorney fees until your case is resolved. Contact The Shahriari Law Firm