Pregnancy discrimination is any adverse treatment or consequence you experience in the workplace as a result of being pregnant, giving birth, or coping with pregnancy-related medical conditions or reproductive loss. Filing a complaint or legal action may be possible if you experience pregnancy discrimination in an Oxnard workplace. Discrimination of any kind in the workplace is unlawful in California.
What Events May Trigger Pregnancy Discrimination?
Pregnancy discrimination can occur whether you continue to work through a pregnancy’s full term or while requesting time off as a result of events associated with pregnancy. In any capacity, pregnancy discrimination is unlawful. You may notice these signs of pregnancy discrimination in the workplace if one of these events impacts your ability to work.
Requesting Time Off or Reasonable Accommodation for Medical Conditions
Pregnancy can create numerous health conditions that require you to take disability leave to protect your health and the baby’s health. You may also need to modify your work schedule or your work type.
Requesting reasonable accommodations at work allows you to continue to work safely while modifying the type of work you generally perform. An employer must provide evidence that the accommodation will result in undue hardship when refusing reasonable accommodations.
Taking Maximum Family Leave
Taking time off after pregnancy plays a crucial role in bonding with a new child. Eligible employees may receive up to 12 weeks of unpaid, job-protected time off under the California Family Rights Act (CFRA). Requesting the maximum time off from work may result in pregnancy discrimination.
Requesting Time Off for Reproductive Loss
Reproductive loss caused by a miscarriage, stillbirth, or unsuccessful assisted reproduction can be emotionally devastating. Requesting time off to process grief may, but never should, result in pregnancy discrimination. The California Civil Rights Department provides protected leave and protection from unlawful retaliation if you request reproductive loss leave.
What Laws Prevent Pregnancy Discrimination in California?
California has numerous laws addressing pregnancy discrimination. The Pregnancy Leave Law offers crucial protections in various stages of pregnancy, childbirth, and bonding time. Federal law also protects against pregnancy discrimination and pregnancy-related disability discrimination.
Filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC) may be possible under one or more acts. Documenting your claim and speaking with a pregnancy discrimination attorney in Oxnard can help you determine which agency to file a complaint or charge with.
Is There a Time Limit for Filing a Complaint or Legal Action for Pregnancy Discrimination in California?
How long you have to file a charge, complaint, or lawsuit for pregnancy discrimination in California is determined by the agency you file with. Filing a charge with the EEOC must occur within 180 days of experiencing discrimination. The EEOC allows federal employees 45 days to file a charge.
State laws that protect against pregnancy discrimination may allow more time to file a complaint. Filing a complaint or charge differs from filing a lawsuit, which has different time limits. Additional steps may be necessary to file a civil action and forego a government investigation into a pregnancy discrimination complaint.
Choosing the best way to fight pregnancy discrimination depends on the discrimination you experience. Waiting to address pregnancy discrimination can result in losing your legal rights to file a complaint, charge, or to seek damages in a pregnancy discrimination claim in California.