Did my employer violate my rights by terminating me while I was pregnant?
Pregnancy discrimination occurs when an employer fires, demotes, lays off or fails to promote by eliminating a work position because an employee is pregnant. If the employer has notice of the employee’s pregnancy and fails to accommodate the employee’s pregnancy status, then the employer might be liable for pregnancy discrimination under California Law.
Pregnancy discrimination also includes all sorts of retaliation based on pregnancy. If you made your employer aware of your pregnancy and requested to use family leave then your employer cannot terminate your position by firing you. In California, an employee who is disabled as a result of pregnancy can take up to four months of pregnancy disability leave (PDL) as long as she remains disabled. An employer is required to provide pregnancy disability leave when the employer has at least five or more employees.
Can I use my time at work for lactation purposes?
All employers in California are required to allow mothers to take some break time to feed their newborn babies. This is known as a “lactation break” and the employer must allow the employee to spend time for lactation purposes, unless there is a serious interruption with the business of the employer.
The employer must pay the employee for the time that the employee used during the lactation breaks, unless the employee used her own meal or rest break.
If you feel that your employer did not respect your lactation break, or did not authorize you to feed your child, please contact our team of attorneys at Employment Rights Law Group.
Pregnancy discrimination also includes the scenario where an employer interferes with pregnancy-related disability leave. Any actions taken against an employee who is using her medical leave is a violation of California law. If you have been victim of pregnancy discrimination, or laid off during your pregnancy, please call our team of experts at Employment Rights Law Group, APC, today.