The Pregnancy Discrimination Act of 1978 makes it unlawful for employers to discriminate against employees solely because they are pregnant, give birth to a child, or experience any medical conditions related to their pregnancy. But do California employers ever have the right to fire pregnant employees? For more information on this subject, please continue reading, then contact an experienced Los Angeles, California employee rights lawyer today.
Is a California employer ever allowed to fire a pregnant employee?
In some cases, yes. As long as the employer is the owner of a small business with less than 15 employees, the employer can lawfully fire any employee simply because they are pregnant.
What are the rules for California businesses with 15 or more employees?
In businesses with 15 or more employees, the employers may not refuse employment to a job applicant on the basis of her pregnancy or potential to conceive children in the future. That said, employers with more than 15 employees also cannot fire an employee because she is pregnant or deny that employee of a promotion because she is pregnant. If the employee becomes pregnant and must take time off from work for childbirth, the employer is legally required to keep her position open for the same amount of time that they would for any other employee with a severe illness or disability. The pregnant woman’s marital status must not be a factor either.
Additionally, the employer must provide a private break room that is not a restroom for the employee to pump breastmilk. It must be available to her for a year or more.
If you suspect you have been the victim of pregnancy discrimination, you should reach out to a skilled Los Angeles, California labor lawyer as soon as possible.
What constitutes evidence of pregnancy discrimination in California?
Together with your seasoned legal representative, you will have to collect, compile and present as much direct and circumstantial evidence as possible, including policies that specifically detail discriminatory practices towards pregnant employees, statements from employers that may be considered discriminatory, and more. If you believe you were discriminated against in the workplace because of your pregnancy, our legal team is here to help. Contact us today so we can get started working on your case.
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