The answer is no. The Pregnancy Discrimination Act does not allow employers with 15 or more employees to discriminate against a woman who is pregnant, has related medical conditions or has recently given birth to a child. All of these constitute as sex discrimination. Women are required to be treated equally by employers regardless of their pregnancy status. Any woman who feels she has been discriminated against because of her pregnancy status will need to immediately contact a California pregnancy discrimination attorney today to discuss your case.
In short, employers cannot refuse to hire you on the basis of pregnancy or pregnancy related conditions. This also extends to the possible prejudices of co-workers, clients, and customers. Pregnancy is a fact of life and should not be punished with unfair treatment.
Leave cannot be determined or denied based on pregnancy. Employers can ask for doctor’s notes when work activities need to be restricted or when asking for extended leaves and sick days. Employers will also need to treat pregnancy related restrictions the same as they would with any other temporarily disabled person. This means the modification of activities, performing alternative assignments and the ability to take leave without pay or disability leave. Employers must allow pregnant employees to work as long as they are able and cannot have any internal rules established restricting the amount of time a woman can be out of work after childbirth. This lies in the hands of doctors who will be able to determine based on your health when you need to take time off and when you can return to work. Employers are also required to hold open a job for a pregnant or pregnancy-related absence the same amount of time that they would for employees who are on disability leave or on sick leave.
Employers who offer health insurance will need to provide coverage for pregnancy-related conditions on the same cost basis for other medical conditions. This excludes costs for abortion unless the life of the mother is endangered. Payment will be reimbursed the same as with any other medical condition or emergency. Benefits can not be limited to married females only. Spouses must also be afforded equal health insurance benefits. Deductibles can not be increased or larger because of the prospect of becoming pregnant.
If you fear that you have been discriminated against because of your pregnancy or ability to get pregnant contact a California pregnancy discrimination attorney today. We can discuss your case and give you options. No one should be treated unfairly for bringing a new life into this world. You have the same rights as any other able bodied individual. Marital status should also not affect your ability to get health insurance coverage or to take advantage of your benefits. We will fight for your rights and against these types of employment discrimination.
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Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our California law office today and schedule an initial evaluation to discuss your case.