Discrimination based mostly on pregnancy is illegal under both the California Fair Employment and Housing Act (FEHA) and the Federal Title VII laws. This includes discrimination primarily based on pregnancy, birth, or related conditions.
Even discrimination primarily based on the "potential" for pregnancy isn't legal. For example, in one particular case a producing company would not permit girls to work certain roles because if they were pregnant there could be damage to their fetus. This was illegal discrimination. Additionally it is illegal for an employer to ask a prospective employee whether she is or will become pregnant. Bottom line: pregnancy discrimination is unlawful.
Accommodating Pregnancy
Bosses have a bunch of responsibilities to workers who become pregnant. For instance, if a girl conceives, and with the guidance of her doctor asks for a position that is less intense or unsafe, the employer must transfer her to another position if it has one, or can make one without being "unduly burdened". Essentially, if its not too much difficulty for the employer to deal with the woman's wishes he must do it.
Pregnancy Family Medical Leave
Fed Title VII Law does not explicitly need companies to grant Pregnancy leave, although it does prohibit Pregnancy discrimination. But the Fed. Law requires bosses to grant medical leaves, which are applicable to pregnant moms (See separate section on family and medical leave.)
The California FEHA specifically gives pregnant employees the prerogative to take a leave of absence for a reasonable time period, not to surpass four months. The employer hasn't got to pay his employee in this time.
A "reasonable period" is the period of time where the lady is "disabled" due to her pregnancy, childbirth, or related medical problems. "Disabled" in this context basically means she won't work. In a Pregnancy leave, a lady might also use any vacation time she has accumulated.
Employers can need any worker who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is expected to last.
Companies often cannot force a pregnant employee to go on pregnancy family medical leave. It is there if the girl wants it. But if the employer can show that the woman really cannot do her job, or is "disabled" by the pregnancy, he might be allowed to make her take a leave of absence. This is nonetheless , a very tough situation for the employer, because it is probable that the pregnancy can somehow be housed, suggesting the woman should be permitted to stay.
Even discrimination primarily based on the "potential" for pregnancy isn't legal. For example, in one particular case a producing company would not permit girls to work certain roles because if they were pregnant there could be damage to their fetus. This was illegal discrimination. Additionally it is illegal for an employer to ask a prospective employee whether she is or will become pregnant. Bottom line: pregnancy discrimination is unlawful.
Accommodating Pregnancy
Bosses have a bunch of responsibilities to workers who become pregnant. For instance, if a girl conceives, and with the guidance of her doctor asks for a position that is less intense or unsafe, the employer must transfer her to another position if it has one, or can make one without being "unduly burdened". Essentially, if its not too much difficulty for the employer to deal with the woman's wishes he must do it.
Pregnancy Family Medical Leave
Fed Title VII Law does not explicitly need companies to grant Pregnancy leave, although it does prohibit Pregnancy discrimination. But the Fed. Law requires bosses to grant medical leaves, which are applicable to pregnant moms (See separate section on family and medical leave.)
The California FEHA specifically gives pregnant employees the prerogative to take a leave of absence for a reasonable time period, not to surpass four months. The employer hasn't got to pay his employee in this time.
A "reasonable period" is the period of time where the lady is "disabled" due to her pregnancy, childbirth, or related medical problems. "Disabled" in this context basically means she won't work. In a Pregnancy leave, a lady might also use any vacation time she has accumulated.
Employers can need any worker who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is expected to last.
Companies often cannot force a pregnant employee to go on pregnancy family medical leave. It is there if the girl wants it. But if the employer can show that the woman really cannot do her job, or is "disabled" by the pregnancy, he might be allowed to make her take a leave of absence. This is nonetheless , a very tough situation for the employer, because it is probable that the pregnancy can somehow be housed, suggesting the woman should be permitted to stay.
About the Author:
Robarta Danvil was fired for becoming pregnant and she called Los Angeles employment lawyers who assisted her get her job back. She knows that employment attorneys can make a major difference in fighting discrimination.