Concord Pregnancy Discrimination Attorneys

Pregnancy Discrimination Lawyer in Concord

Workplace pregnancy discrimination refers to any unfair treatment or negative actions taken against a worker based on their pregnancy, childbirth or related medical conditions.

Pregnancy discrimination is prohibited by federal and California laws. Nonetheless, it still occurs in workplaces in Concord and across the Bay Area. A 2022 study found that one in five mothers say they have been subjected to pregnancy discrimination in the workplace.

If you have experienced pregnancy discrimination at work, legal help is available. The Concord pregnancy discrimination attorneys at Erlich Law Firm are here to protect your rights. We will listen to what happened and help you hold your employer accountable for the unlawful treatment.

What is the California Pregnancy Disability Leave Law?

The California Pregnancy Disability Leave (PDL) Law provides certain job-protected leave to employees for pregnancy, childbirth, or related medical conditions. The PDL Law is part of the California Fair Employment and Housing Act and is designed to protect the rights of pregnant workers while ensuring they have the necessary time off for pregnancy-related needs. It applies to all Concord employers with five or more employees.

Pregnant workers are allowed to take up to four months of disability leave from work and return to the same position or an equivalent one. Leave can be taken before or after pregnancy, and any time off taken counts toward the four-month period. Employers do not have to pay employees during PDL. However, if an employer typically pays for health benefits, they must continue to do so during leave. 

Know Your PDL Rights

Pregnancy discrimination can take many different forms, such as an employer denying an employee adequate time off for pregnancy leave or lowering their salary based on their pregnancy. Subjecting a pregnant worker to discrimination is unlawful across all aspects of employment, including pay and benefits, job duties, promotion opportunities, hiring, layoffs, and training. It is important for both employers and employees to be aware of their rights and responsibilities under the PDL Law.

• Covered conditions: The PDL Law applies to employees who experience a disability due to pregnancy, childbirth, or related conditions. It includes conditions such as morning sickness, gestational diabetes, pregnancy-induced hypertension, recovery from childbirth, and other related medical issues.

• Duration of leave: Eligible employees can take up to four months of PDL. The leave does not need to be taken all at once; it can be taken intermittently or on a reduced schedule if medically necessary.

• Job protection: Upon returning from PDL, the employee is entitled to be reinstated to the same position they held before the leave or to a similar position with equivalent pay and benefits.

• Documentation requirements: Employers may require employees to provide medical certification showing their need for PDL. The documentation should include information about the medical condition, the expected duration of the leave, and any recommended work restrictions.

Other Laws Applicable to Pregnant Workers in Concord

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are separate but related laws that provide job-protected leave for eligible employees in certain family and medical situations, including pregnancy and childbirth. While PDL is specifically for pregnancy-related conditions, workers may qualify for additional leave under FMLA or CFRA.

CFRA applies to employers with five or more employees. To be eligible for leave under these laws, an employee must have been working for the employer for a minimum of 12 months and at least 1,250 hours in the previous 12 months.

Eligible workers are entitled to up to 12 weeks of job-protected leave within a 12-month period. This leave can be used for pregnancy disability, bonding with a newborn, or a combination of both. When combined with PDL, a pregnant employee can take up to seven months of job-protected leave if circumstances permit.

Requesting Reasonable Accommodations

In addition to pregnancy disability leave, pregnant workers in Concord also have the right to request reasonable accommodations that allow them to perform their job duties. These may include adjustments to work schedules, changes in job duties, assistive equipment, or other modifications to accommodate the pregnancy-related condition. A worker can request reasonable accommodations before or after taking a leave of absence.

If an employer refuses to discuss reasonable accommodations with a pregnant employee who formally requests them, it may be considered a form of pregnancy discrimination. Around 23 percent of U.S. mothers have thought about leaving their jobs because of a lack of reasonable accommodations or fear of pregnancy discrimination. Additionally, 21 percent of workers admit to being afraid to tell their employers about their pregnancies due to fear of retaliation or discrimination.

Some examples of pregnancy discrimination include an employer:

• Denying a pregnant worker time off for prenatal appointments
• Retaliating against an employee who asks for reasonable accommodations
• Demanding excessive medical documentation
• Refusing to accommodate medical restrictions on lifting heavy objects

Call for a free case evaluation

If you have suffered pregnancy discrimination in the workplace, you may be able to pursue damages and get your employer to stop their unlawful treatment of pregnant workers. Contact the skilled Concord pregnancy discrimination attorneys at Erlich Law Firm today to get started.