PROTECTIONS FOR PREGNANT WORKING WOMEN
State and Federal law protect pregnant women employed by covered employers. Even if you are an "at will" employee, it is illegal for a covered employer to discriminate against or harass women just because they may become pregnant, are pregnant, or are medically affected by pregnancy. For example, it is illegal for a covered employer to:
Fire a woman because she is pregnant, intends to become pregnant or because she intends to or is utilizing pregnancy leave;
Demote a woman because she is pregnant, intends to become pregnant or because she intends to or is utilizing pregnancy leave;
Treat a woman differently in terms of compensation, pay or benefits because she is pregnant or intends to become pregnant;
Refuse to train a woman or allow her into a certain position because she is or may become pregnant;
Harass or allow harassment of a woman who is pregnant or may become pregnant.
If you believe that you have been treated differently by your employer or harassed because of your pregnancy, contact Elisa W. Ungerman for a case screening and a new client questionnaire.
Moreover, a covered employer must provide a reasonable accommodation to a pregnant woman upon her request, such as a temporary transfer to a less strenuous position, if her health care provide believes such is reasonably necessary for the health and wellbeing of the mother or baby, and to do so would not causes undue hardship to the employer. This is the employee's choice, not the employer's choice; no employer can force a pregnant employee to take a less strenuous position or perform different work if she does not wish to do so.
If you believe your employer is forcing you to take a different position because you are pregnant, or has not responded to your request for a reasonable accommodation, contact Elisa W. Ungerman for a case analysis.
WHO IS PROTECTED
State law, known as the California Fair Employment and Housing Act ("FEHA") covers all employers with 5 or more employees regardless of whether full or part time, except religious associations or organizations. In the case or harassment, an employer need have only one employee to be covered.
Federal law, known as "Title VII", does not exempt religious associations, but does require an employer to have at least 15 employees.
TAKE ACTION
If you believe you have been the victim of employment-related discrimination, harassment or denial of leave rights, you must file a complaint with the California Department of Fair Employment and Housing generally within one year of the offending conduct or loose your right to pursue legal action.
For further information and complaint forms go to:
It is recommended that you confer with a qualified employment attorney before filing a complaint with any governmental agency.