How long you have to file a pregnancy discrimination claim in California depends on the agency you file with. Government employees may also have less time to file a discrimination claim. Failing to take the steps to file a pregnancy discrimination claim in California within time limits can prevent you from taking legal actions against an employer.
Time Limits for Filing a Pregnancy Discrimination Claim Under State Law
You have 3 years from the date of experiencing the last act of discrimination in the workplace to file a complaint with the California Civil Rights Department (CRD). You may file a complaint online, by mail, email, phone, or in person.
The CRD will determine if a law they enforce covers the allegation in your complaint. The agency will investigate or close a case based on its jurisdiction and available evidence.
You may also forgo the investigation process by the CRD and file a lawsuit by obtaining a Right-to-Sue notice from the CRD. You have 1 year from obtaining a Right-to-Sue notice to file a lawsuit.
Time Limits for Filing a Pregnancy Discrimination Claim Under Federal Law
You generally have 180 days from experiencing the last act of discrimination to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). When state or local agencies enforce a law that prohibits discrimination on the same basis, the time you have to file a claim extends to 300 days. Like the EEOC, our firm encourages filing a claim as soon as possible.
Federal employees or applicants experiencing discriminatory hiring practices follow a different complaint process than other civilians. Federal employees and applicants must contact an EEO counselor to request counseling within 45 days of experiencing discrimination or when a personnel action takes effect. A counselor will offer EEO counseling or an alternative dispute resolution method (ADR).
A counselor will interview you within 30 days of first contact with the EEO Office if settling the dispute does not occur through counseling or ADR. You will then receive instructions on filing a formal discrimination complaint. Participating in counseling extends the pre-complaint process to 60 days. Participating in ADR extends the pre-complaint process to 90 days.
When Is It Possible to File a Pregnancy Discrimination Claim?
Numerous actions by an employer may qualify as pregnancy discrimination. Document adverse treatment in the workplace that results from being pregnant thoroughly. State and federal laws may offer protections.
What Are My Responsibilities as a Pregnant Employee to an Employer?
You may experience a justifiable delay in reasonable accommodation, transfer, or pregnancy disability leave (PDL) if you fail to meet the obligations as an employee that the CRD establishes. Before filing a pregnancy discrimination claim, the CRD requires the following:
- Give a reasonable notice for any request pertaining to a pregnancy, either 30 days or as soon as possible, when a request results from an emergency or unforeseeable event
- Except for a medical emergency, provide a written medical certification form from your physician. Employers must provide 15 calendar days to submit the form.
Pregnancy is a joyful time that can present health and financial challenges. Experiencing pregnancy discrimination should never be part of your journey. Our team can work with you to file a pregnancy discrimination claim in California within the appropriate timeframe.