ARE YOU A PREGNANT EMPLOYEE WHOSE DOCTOR HAS ADVISED YOU TO ASK FOR A LESS STRENUOUS POSITION? IF YOUR EMPLOYER HAS REFUSED YOUR REASONABLE REQUEST, YOU MAY HAVE AN EMPLOYMENT CLAIM
If you are a pregnant employee, you are protected under California and federal law from pregnancy discrimination. California’s pregnancy discrimination prohibition arises from the Fair Employment and Housing Act. This act applies to most employers with at least 5 workers. Federal law, Title VII, also protects pregnant employees from discrimination. This law applies to employers with 15 or more employees.
If you are a pregnant employee, you should know that your employer may not discriminate against you based on your pregnancy, childbirth, potential pregnancy, or related conditions. In addition, your employer has several obligations towards you. Employer must transfer you to an available position that is less strenuous or hazardous if your doctor advises it. If your employer does not have an available position, he must create one for you, unless he would be ‘unduly burdened.’
Pregnancy discrimination may arise in a variety of situations. For example, your employer may not refuse to hire you because of your pregnancy, pregnancy related condition, or because of prejudice of co-workers, clients, or customers. In addition, your boss may not single out workers with pregnancy-related conditions that need to go through special procedures to determine whether they will be able to work. If you are unable to work because of your pregnancy, your employer must treat you like any other temporarily disabled employee.
If you have been a victim of pregnancy discrimination, get help today! Last year, the Equal Employment and Opportunity Commission recovered over $12.2 million in damages for plaintiffs who faced discrimination based on their pregnancy. Get help now! Call the attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.
