While pregnancy discrimination has been illegal for many years, unfortunately, some California employees still suffer discrimination as a result of pregnancy. In the fast-paced San Francisco industries such as technology, law, and finance, some women find that their careers are hampered as a result of pregnancy-based discrimination. Learn more about your right to be free from discrimination based on pregnancy in a San Francisco workplace.
The Pregnancy Discrimination Act of 1978 was an amendment to the Civil Rights Act of 1964. The Civil Rights Act prohibited discrimination in employment “on the basis of sex.” The Pregnancy Discrimination Act then expanded this protection to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act specifically states that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes as non-pregnant employees. It applies to employers with fifteen or more employees.
California law also prohibits employers from discriminating against any person based upon pregnancy. The Fair Employment and Housing Act applies to employers with five or more employees. This means that it is more widely applicable than the federal statute, and more Californians benefit from its protections.
In addition to protections against discrimination, you also have the right to take pregnancy leave without losing your position. The federal Family Medical Leave Act applies once you have worked for twelve months and 1250 hours with your employer (if the company employs at least fifty workers). If you are eligible, you have the right to take up to twelve weeks of leave in a year due to childbirth. Your employer does not have to pay you for this leave, but you cannot lose your job as a result of taking it.
California’s Pregnancy Disability Leave law allows you to take up to four months of leave if you work for an employer with 5 or more employees and are disabled by pregnancy, childbirth, or other related conditions. If you are disabled for longer than four months, the Fair Employment and Housing Act may allow you to take additional leave. The California Family Rights Act then allows you to take additional leave to bond with your newborn child. It applies to employees who have worked for twelve months and 1250 hours with an employer who employs twenty or more workers with 75 miles of your worksite.
San Francisco employees have the right to be free from discrimination based upon a pregnancy. At Minnis and Smallets, we fight hard to protect this right. Contact us today to schedule a consultation. Our experienced pregnancy discrimination attorneys in San Francisco will aggressively defend your employment rights and hold your employer accountable for following state and federal law.
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