Articles Tagged with California pregnancy discrimination

Right now, more mothers are joining the workforce than any time in history. In addition, there is a pregnancy discriminationgrowing trend of friendlier office policies geared toward families in general and mothers in particular. Why then are there still an alarming amount of cases where pregnant women report enduring discrimination and unfair treatment? The Equal Employment Opportunity Commission has collected a gradually increasing number of pregnancy discrimination claims over the years, and officials say the number is approaching a record high.

The New York Times delved into the issue recently and discovered an unsettling pattern of discrimination that still flows beneath the surface, even at large and reputable companies. Big names on the list include Walmart, Whole Foods, AT&T, and 21st Century Fox, all of which, as the article pointed out, have grand statements about being champions of women in their communications.

Women in all kinds of careers have anecdotes to share. Our employment attorneys know labor jobs can often have more blatant discrimination. Examples include refusals to allow pregnant women accommodations they need to complete their work, no leniency for breaks, refusal to adjust demands due to physical limitations, and series of micro-aggressions, like not allowing them to have water on the work floor. Continue reading

It’s hard to imagine in 2018 that women would still be facing discrimination at work for something as basic as pregnancy. The last thing a woman who is about to bring apregnancy discrimination child into the world should have to worry about is whether or not she will be able to support that child when they are born. It is the belief of our legal team that even one woman who fears losing employment due to pregnancy is one woman too many.

That’s why it is shocking to hear the details of a lawsuit filed by U.S. Equal Employment Opportunity Commission against a nursing center in North Carolina. The lawsuit, filed in the U.S. District Court for the Middle District of North Carolina, claims that twice in just over a year’s time (between November 2014 and December 2015) the nursing center refused to accommodate pregnancy-related work restrictions for two certified nursing assistants.

Each woman cited a simple lifting restriction as cause for their request for job accommodations or modifications. And each request was allegedly rejected on the grounds that the center could not accommodate them. Further, the center fired both employees, one after being put on unpaid leave, allegedly as a result of their accommodation requests. Continue reading

A business in Hawaii has agreed to settle a pregnancy discrimination lawsuit filed by one of its former employees who alleged she was terminated from the company as a result of becoming pregnant. pregnant

The company agreed to pay $65,000 in a resolution announced by the state’s Civil Rights Commission, which as part of the agreement also required the company to develop and implement a non-discrimination policy, including a policy that would provide training to managers and supervisors. The commission declined to reveal the name of the business or the complainant. However, according to the Hawaii Herald-Tribune, the company discriminated against the woman after refusing to reinstate her back to her position after she was on a pregnancy-related disability leave. The company also allegedly refused her a reasonable accommodation for her pregnancy-related disability and then ultimately fired her.

Plaintiff alleges she was also subject to derogatory comments about her pregnancy and the inconvenience it would cause the firm, and these began immediately after she disclosed her condition to her supervisor. Her manager informed her there were not enough temporary employees available to cover her pregnancy-related leave.  Continue reading

In California, employers must provide up to four months of disability leave for workers who are disabled due to pregnancy, childbirth or some related medical condition. This time doesn’t have to be taken all at once, nor does it apply solely to full-time workers.pregnancy2

A woman need not be totally incapacitated or bedridden to be deemed disabled by pregnancy, but she must be unable to perform one or more essential job functions without undue risk to her or the child. Any periodic absences prior to childbirth can be subtracted from that four-month time frame.

The law also bars harassment on the basis of pregnancy and requires companies to provide reasonable accommodates for pregnant workers as necessary. Some of these protections went into effect in California as late as 2012. Many other states lack this kind of broad worker protection, but many employees continue to fight for their rights for working women in the course of their pregnancy.

In the recent case of Wages v. Stuart Mgt., the U.S. Court of Appeals for the Eighth Circuit weighed one such pregnancy discrimination case. Plaintiff alleged employer violated her rights under the federal Family Medical Leave Act (FMLA). Continue reading

The federal law that made it illegal for employers to discriminate against pregnant women – or those who had recently been or might become pregnant – has just turned 35. SONY DSC

While it may be difficult for some in the younger generations to fathom a time when a woman’s reproductive status was ever an issue with employers, there are still many workplaces that apparently have yet to receive the memo.

Pregnancy discrimination attorneys in Costa Mesa know that pregnant workers still confront discrimination even now.