Orange County Pregnancy Discrimination Lawyer

Highly Rated Orange County Pregnancy Discrimination Attorney

Orange County is a great place to start a family. Resources like MOMS Orange County and OC Health can guide and educate you during your pregnancy. When it’s time for delivery, there are numerous options, such as UCI Health, Kaiser Permanente, and the Fetal Care Center of Southern California. If you experience workplace discrimination during your pregnancy or after childbirth, contact an Orange County pregnancy discrimination lawyer to review your case.

Hire a Pregnancy Discrimination Lawyer

Pregnancy should be a time of joy and celebration. You should not be facing problems at your workplace, especially discrimination due to your pregnancy. Even small acts are unacceptable. At Kramer Brown Hui LLP, we are dedicated to serving Orange County clients who are experiencing workplace discrimination. We believe in holding employers accountable for how they treat their employees. Our team consists of highly trained, aggressive advocates who can represent your interests.

When you hire a pregnancy discrimination lawyer from Kramer Brown Hui LLP, you get a team versed in pregnancy discrimination laws and ready to advocate for your rights. We truly work as a team to offer innovative approaches for every client. Even though you are assigned a dedicated labor lawyer for your case, our entire staff collaborates on all cases.

Employment Characteristics

For 2024, the Bureau of Labor Statistics of the U.S. Department of Labor compiled employment characteristics of families. There are 84.3 million families in the United States, and 80.1% of those had at least one employed member. For married couples, in 49.6% of households, both spouses were employed, while in 23.4% of households, only one spouse was employed.

The research also examined families with children under the age of 18 living in the home. In total, 32.7 million families, or two-fifths of all families, included biological, step-, or adopted children. These families included the following:

• 4% had at least one parent employed.
• 5% of married-couple families had at least one employed parent.
• 5% of married-couple families had both parents employed.
• 8% of single fathers were employed.
• 4% of single mothers were employed.

The vast majority of parents were either part of the workforce, either part-time or full-time, or actively looking for work. Of all parents with children under the age of 18, 74.0% of mothers and 93.5% of fathers were part of the labor force. Looking at marital status, married mothers were the group least likely to be in the labor force, while married fathers were most likely. The marital statuses examined included:

• Married
• Never married
• Widowed
• Divorced
• Separated
• Married, spouse absent

Having children also affected work status for both mothers and fathers. Unemployment rates for mothers were 3.6%, and the rate was 2.4% for fathers. Married mothers had an overall lower unemployment rate (2.4%) compared to mothers with other marital statuses (6.1%). The trend was also true for married fathers, who had an unemployment rate of 1.9% compared with 5.4% for other marital statuses. Overall, employment rates were as follows:

• 95% of fathers were employed full-time.
• 79% of mothers were employed full-time.
• 81% of mothers of children aged six to 17 were employed full-time.
• 76% of mothers of children aged under six were employed full-time.

Pregnancy-Related Employment Rights in Orange County

Pregnancy discrimination is prohibited in the workplace, and this is enforced by several laws and regulations at both the state and federal levels. The most applicable laws include:

The Fair Employment and Housing Act (FEHA)

FEHA prohibits employers with five or more employees from engaging in discriminatory acts against employees for reasons related to pregnancy, childbirth, or related medical conditions. Employers are also required to provide reasonable accommodations.

Furthermore, FEHA includes provisions for employees to take pregnancy disability leave. Retaliation against employees who request reasonable accommodations or take pregnancy-related leave is also prohibited and can be sanctioned.

Pregnancy Disability Leave (PDL)

This type of leave covers employees disabled by pregnancy, childbirth, or a related medical condition for up to four months of disability leave per pregnancy. The leave can be taken as needed before and after childbirth. PDL is only available when the employee is medically disabled due to:

• Prenatal or postnatal care
• Severe morning sickness
• Doctor-ordered bed rest
• Childbirth
• Recovery from childbirth
• Loss or end of pregnancy
• Recovery from the loss or end of a pregnancy
• Any other related medical condition

The Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with uncompensated, job-protected leave for specific family and medical situations. It also prevents changes to group health insurance coverage of these individuals. Within a one-year timeframe, qualifying employees can take a total of 12 weeks of leave to care for a child under one year of age, for the birth of a child, or when a child is placed with the employee for adoption or foster care.

The Americans With Disabilities Act (ADA)

The ADA prohibits discrimination against employees and applicants because of a disability. Although pregnancy itself is not considered a disability, some pregnancy-related conditions are considered disabilities that fall under the protection of the ADA. Pregnancy-related impairments often include:

• Reproductive system impairments
• Disorders of the uterus or cervix
• Anemia
• Sciatica
• Carpal tunnel syndrome
• Gestational diabetes
• Severe dehydration
• Abnormal heart rhythms
• Swelling
• Pelvic inflammation
• Depression
• Symphysis pubis dysfunction

The California Family Rights Act (CFRA)

The CFRA provides eligible employees with 12 weeks of either paid or unpaid, job-safe leave during a 12-month period. This leave can be taken for the birth of a child or when an adoption or foster care placement occurs. There are some differences between CFRA and FMLA:

• While FMLA considers pregnancy to be a serious medical condition, the CFRA does not classify pregnancy as a serious medical condition. Instead, it provides PDL for up to 16 weeks.
• CFRA includes coverage for registered domestic partners instead of just spouses.

The Pregnant Workers Fairness Act (PWFA)

This law prohibits employers from discriminating against employees by failing to make reasonable accommodations for pregnancy, childbirth, or related medical conditions. Employees have a right to reasonable accommodations related to lactation and nursing.

The PWFA also prohibits employers from:

• Refusing to hire an employee because an accommodation would be required
• Forcing an employee to take leave instead of providing a reasonable accommodation
• Sanctioning an employee for requesting a reasonable accommodation

The PUMP for Nursing Mothers Act

This law expands workplace protections for an employee who needs to express breast milk during the workday. Employers must provide reasonable accommodations so that employees have a clean and private area, not a restroom, for expressing breast milk. The accommodation is available for two years from the time the employee first needs the accommodation.

FAQs

What Is the applicable Pregnancy Discrimination Act in Orange County?

The Pregnancy Discrimination Act (PDA) of 1978 amended the Civil Rights Act of 1964 and made it illegal for an employer to discriminate against an employee based on childbirth, pregnancy, or any related medical conditions. The PDA included all employers with 15 or more employees, but the California Fair Employment and Housing Act extends these protections to all employees working for an employer with five or more employees.

What Is Needed to Prove Pregnancy Discrimination in Orange County?

To prove a claim of pregnancy discrimination in Orange County, it is necessary to gather evidence that the discrimination you faced was directly related to your pregnancy. You may need to show that other employees were treated differently under similar circumstances.

Direct evidence, where your employer admits that your pregnancy was a motivating factor, is optimal, but it is usually not available. Circumstantial evidence demonstrating how your treatment has changed since becoming pregnant can show your employer’s bias.

What Are Examples of Pregnancy Discrimination Cases in Orange County?

Pregnancy discrimination cases in Orange County can take various forms. Discrimination could be the denial of:

• A promotion
• Maternity leave
• Training programs
• Time off for medical appointments
• Reasonable accommodations

You may also face:

• Demotion
• Termination
• A refusal to transfer you to a less strenuous position
• Being denied your position upon your return from maternity leave

Actions by management or coworkers that create a hostile work environment may also qualify.

How Do I File a Pregnancy Discrimination Claim in Orange County?

If you experience pregnancy discrimination, you have to follow the proper steps to file a claim. An Orange County pregnancy discrimination attorney knows the proper channels for filing a claim. You must first obey any procedures required by your employer. Then, you need to file with either the California Civil Rights Department or the Equal Employment Opportunity Commission and follow their instructions.

Which Accommodations Are Never Considered an Undue Hardship in Orange County?

Accommodations are considered undue hardship if they are significantly difficult or expensive to provide, but some accommodations are never considered an undue hardship, according to the federal government. These include:

• The ability to sit or stand as needed
• The ability to keep water nearby at all times
• Additional restroom breaks
• Additional breaks for eating or drinking

Contact Kramer Brown Hui LLP

If you think your rights have been violated, you may be right. Our team can review the facts of your case against current pregnancy discrimination laws and determine if your employer has violated your rights. As a contingency fee law firm, you have nothing to lose by reaching out and having your case evaluated. Contact Kramer Brown Hui LLP today for a confidential consultation.

Orange County Pregnancy Discrimination Lawyer Reviews