FMLA

15 Jun Gender and Pregnancy Discrimination

One of the most common forms of employment discrimination that I encounter in my practice is disability discrimination. Sex/gender discrimination and racial discrimination are also unfortunately very common. Sex discrimination includes discrimination because of pregnancy. In the case of pregnancy discrimination, an employer should treat you the same way as they treat everyone else. Just because you are pregnant or of childbearing age does not give the employer license to treat you any differently. If you are pregnant, there are certain additional protections that you have for the period of the pregnancy, and for some time after giving birth, which are unique to pregnancy discrimination claims. For instance, California law has what is known as the Pregnancy Disability Leave Law. The Pregnancy Disability Leave Law (PDLL) provides for a certain amount of leave for a medical condition or a disability connected to your pregnancy. So, if you are experiencing complications from your pregnancy, then you are protected from discrimination because of those medical conditions. You also have the right to take a certain amount of protected leave in addition to any other leave rights that you would have under the Family Medical Leave Act (FMLA), or the California equivalent, which is the California Family Rights Act (CFRA). Pregnant employees who have a pregnancy-related disability or medical condition could conceivably have at least 7 months of protected leave. The PDLL provides 4 months of leave for a pregnancy-related medical condition or disability, and the CFRA can provide an additional 3 months for bonding with your child. CFRA also provides protected leave for new fathers, generally known as paternity leave. Maternity and paternity leave gives an employee the opportunity to spend time to bond with their newborn child. If you believe that your employer or prospective employer is engaging in pregnancy discrimination, or interfering with your leave rights, it is important to speak with a labor and employment attorney right away. A labor and employment attorney can help you evaluate whether you are experiencing unlawful pregnancy discrimination or violations of your leave right. A San Francisco and Bay Area labor and employment attorney at the Khadder Law Firm is experienced in evaluating all forms of pregnancy discrimination. Contact the Khadder Law Firm today for a free consultation....

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