Pregnancy Discrimination
It is illegal under the
California Fair Employment and Housing Act for an employer of
5 or more persons to discriminate against an employee in compensation or the
terms, conditions, or privileges of employment because of pregnancy, childbirth
or related medical conditions. Pregnancy discrimination is viewed as a form of
sex discrimination under California law.
Under the federal Pregnancy Discrimination Act, an
amendment to Title VII
of the Civil Rights Act of 1964, employers of 15 or more persons may not
discriminate on the basis of pregnancy, childbirth, or related medical
conditions.
While an employer may not terminate an employee for
her pregnancy, it may fire the employee for poor work performance or
unacceptable behavior that may result from pregnancy. The pregnancy is not a
shield to an otherwise just termination decision.
There are strict time limits and procedure for
complaining of pregnancy discrimination. Before filing a lawsuit under federal
law for pregnancy discrimination, an employee must file a "charge" with the
EEOC must ordinarily be filed
within 180 days after occurrence of the alleged act of unlawful employment
discrimination. To file a lawsuit under the California anti-discrimination law,
an employee must make a complaint to the
DFEH within 1 year of the
discriminatory act.
For a free consultation about your pregnancy rights
in the workplace with an experienced employee rights attorney, contact David
Spivak:
- Email Help@PregnancyRights.com
- Call toll free (877) 728-9741
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites:
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