Pregnancy or parenthood should never put your career at risk. If your employer has treated you unfairly because of pregnancy, leave, or caregiving responsibilities, our attorneys at Employment Rights Lawyers, APC, are here to protect your rights.
Pregnancy and Parental Discrimination
Types of Pregnancy & Parental Right
Violations That Workers May Face
Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats an employee unfavorably because she is pregnant, has a pregnancy-related medical condition, or requests pregnancy-related accommodations or leave. California law prohibits adverse employment actions based on pregnancy and protects employees throughout pregnancy and their return to work.
These protections apply to many aspects of employment, including hiring, job assignments, promotions, compensation, training opportunities, and termination decisions. Employers are also prohibited from making assumptions about an employee’s ability to perform her job based on pregnancy or from treating pregnant workers differently from other employees.
Common examples of pregnancy discrimination include:
- Termination after disclosing a pregnancy
- Reduction in hours, pay, or responsibilities because of pregnancy
- Refusal to hire a qualified applicant due to pregnancy
- Demotion following notice of a pregnancy
- Forced leave without a legitimate business reason
- Refusal to reinstate an employee after protected leave
Maternity Leave Violations
California law provides eligible employees with protected leave to bond with a new child under the California Family Rights Act (CFRA). Employees who meet the eligibility requirements may take up to 12 weeks of job-protected leave, and employers generally must return them to the same or a comparable position when they return. Employers cannot interfere with these rights, discourage employees from taking leave, or retaliate against them for exercising their rights.
Examples of maternity leave violations include:
- Denial of qualifying maternity leave
- Termination during protected leave
- Failure to restore an employee to the same position
- Assignment to a lower-paying role after leave
- Demotion following maternity leave
- Negative treatment because leave was requested or used
Paternity Leave Retaliation
California law protects fathers who take leave following the birth, adoption, or foster placement of a child. Leave may be protected under CFRA, the Family and Medical Leave Act (FMLA), or other applicable laws. Employers cannot retaliate against employees for requesting, taking, or returning from protected parental leave. If an employer takes adverse actions because an employee exercised these rights, the employer may be violating California employment law.
Examples of paternity leave retaliation include:
- Reduction in work hours after parental leave
- Demotion following approved leave
- Denial of promotion opportunities because leave was taken
- Assignment to less desirable duties after leave
- Workplace harassment related to parental responsibilities
- Termination shortly after returning from leave
Pregnancy Disability Leave (PDL) Violations
California’s Pregnancy Disability Leave law requires employers with five or more employees to provide protected leave when an employee is disabled by pregnancy, childbirth, or a related medical condition. Eligible employees may receive up to four months of protected leave, depending on medical necessity. Employers cannot deny qualifying leave, interfere with an employee’s ability to use leave, or retaliate against an employee for requesting it.
Examples of PDL violations include:
- Denial of medically necessary leave
- Refusal to honor a healthcare provider’s restrictions
- Rejection of leave for pregnancy-related complications
- Pressure to work despite medical limitations
- Failure to return an employee to her position after leave
- Retaliation for requesting or taking pregnancy disability leave
Why Choose Employment Rights Lawyers, APC, for Your Pregnancy & Parental Rights Case?
Pregnancy and parental rights violations can leave employees feeling vulnerable at a time when they should be focused on their families. Our team of attorneys at Employment Rights Lawyers, APC, is committed to protecting workers from unlawful discrimination, retaliation, and leave-related violations. We provide direct access to experienced employment lawyers, personalized attention throughout your case, and litigation-ready representation when employers refuse to do the right thing. We work on a contingency basis, which means you pay nothing upfront.
Do You Have a Viable Pregnancy & Parental Rights Violation Claim? Or Is It Just Unfair?
Not every workplace problem involving pregnancy, maternity leave, or parental responsibilities violates California law. A viable claim usually requires evidence that an employer denied protected rights, failed to provide required accommodations, or took adverse action because of pregnancy or protected leave.
FAQ
What Can I Do if My Pregnancy & Parental Rights Are Being Violated?
If you believe your employer is denying accommodations, interfering with protected leave, retaliating against you for becoming a parent, or treating you differently because of pregnancy, start documenting what is happening. Save emails, text messages, performance reviews, leave requests, medical documentation, and any communications related to your pregnancy or parental leave. These records can help establish what occurred and when it happened.
You should also report the issue through the appropriate workplace channels when possible and seek legal guidance early. Pregnancy and parental rights claims often involve strict deadlines and complex employment laws. Our team of attorneys at Employment Rights Lawyers, APC, can evaluate your situation, explain your rights under California law, and help you pursue the best possible outcome if your employer has violated those rights.
Contact Us for a Free
(And Confidential) Consultation
You should never have to choose between your job and your family. If you believe your pregnancy or parental rights have been violated, contact Employment Rights Lawyers, APC, for a free and confidential case review. Our team of attorneys can evaluate your situation, explain your options, and help you determine whether you have a viable claim under California law.
