Pregnancy is a significant milestone in life, but for many working women, it also brings challenges in the workplace. Some employers unlawfully discriminate against pregnant employees, while others fail to honor maternity leave rights under California and federal laws. Although pregnancy discrimination and maternity leave violations are related, they are distinct legal issues.
Understanding the difference is crucial in recognizing when your rights have been violated and how to fight back. Here, the Los Angeles employment law attorney at Leichter Law Firm, APC, Aryeh Leichter, explains.
What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfavorably due to pregnancy, childbirth, or related medical conditions. Under California’s Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act (PDA), employers are prohibited from discriminating against pregnant workers in hiring, promotions, job assignments, and terminations.
Examples of pregnancy discrimination include:
- Refusing to hire or promote a woman due to pregnancy.
- Demoting or firing an employee after learning she is pregnant.
- Denying reasonable accommodations for pregnancy-related conditions.
- Pressuring an employee to take unpaid leave instead of offering job modifications.
- Retaliating against an employee for reporting pregnancy discrimination.
If you experience any of these actions, you may have a pregnancy discrimination claim against your employer.
What are Maternity Leave Violations?
Maternity leave laws protect an employee’s right to take time off for pregnancy, childbirth, and bonding with a new child without retaliation.
In California, these rights are covered by:
- The Pregnancy Disability Leave (PDL) Law provides up to four months of job-protected leave for pregnancy-related medical conditions.
- The California Family Rights Act (CFRA) grants eligible employees up to 12 weeks of unpaid leave for bonding with a newborn.
- The Family and Medical Leave Act (FMLA) is a federal law offering similar leave protections for qualifying employees.
Common maternity leave violations include:
- Denying an eligible employee their legally entitled leave.
- Forcing a pregnant employee to take leave before they request it.
- Failing to reinstate the employee to their original or a comparable position after leave.
- Retaliating against an employee for taking or requesting leave.
If your employer refuses to grant your legally protected leave or penalizes you for taking it, you may have a maternity leave violation claim.
How to Fight Back Against Workplace Violations
If you believe your employer has engaged in pregnancy discrimination or maternity leave violations, take the following steps:
- Document Everything – Keep records of emails, conversations, or actions that indicate discrimination or retaliation.
- Know Your Rights – Familiarize yourself with California’s employment laws to understand your entitlements.
- File a Complaint – You can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult an Employment Attorney – A Los Angeles employment lawyer can help you assess your case, file claims, and seek compensation for damages.
Speak with a Los Angeles Pregnancy Discrimination Attorney
The Leichter Law Firm is committed to protecting the rights of working mothers. If you believe you have been a victim of pregnancy discrimination or maternity leave violations, we are here to help. Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, to explore your options and pursue justice.