What to Do if You Are Fired for Being Pregnant in California?

California and federal law provide specific protections for pregnant workers by ensuring they are not fired based on their childbirth, pregnancy, or related health circumstances. Unfortunately, pregnant women continue to face discrimination, such as wrongful termination. If you have been terminated because of your pregnancy status, understanding what to do if you are fired for being pregnant in California is critical to protecting your rights.

Steps To Take After Being Fired While Pregnant

Even if you’ve been fired while pregnant and believe that your termination was not directly tied to your pregnancy status, it is critical to take certain steps to ensure your rights have not been breached and that you receive the compensation you’re entitled to. By working with an experienced and skilled employment lawyer, you can navigate the following steps to protect yourself and your family:

1. Knowing your rights under the law. There are specific legal provisions in both federal and California law that strongly protect people from being discriminated against based on pregnancy. If you have been fired while pregnant, your company or employer may have breached one or multiple of the following laws:
   • Family and Medical Leave Act (FMLA). Under FMLA, certain workers can receive up to 12 weeks of unpaid leave to bond with their new child or recover from the childbirth process. During this time, they are protected from termination from employers and are entitled to keep their group health benefits.
   • California Fair Employment and Housing Act (FEHA). FEHA provides critical legal protections for pregnant workers in organizations that have 5 or more employees. Under the law, workers cannot be discriminated against based on pregnancy, childbirth, or related medical conditions.
   • Pregnancy Disability Leave (PDL). PDL states that individuals who are disabled as a result of pregnancy, childbirth, or a related medical condition are entitled to up to four months of leave. During this time, employers cannot fire workers for exercising their right to take this leave.
   • California Family Rights Act (CFRA). CFRA is a similar provision to FMLA, which gives new parents up to 12 weeks of protected leave to care for their newborns. Considering the time awarded under PDL, workers are entitled to up to seven months of protective leave under California law.

   If you have been discriminated against based on your pregnancy status, fired because you are pregnant, asked for time off due to associated medical problems, or expressed your intent to take parental leave, this is strictly against the law. An experienced employment lawyer can help you understand whether your case is strong enough to file a wrongful termination claim.

2. Documenting the situation. If you believe your termination was related to your pregnancy, it is important to document all discriminatory behavior or comments you may have experienced. Do this by keeping records of any time you may have talked with your employer about your pregnancy and being careful to save text and emails. Save proof of any negative comments or treatment that happened after you let your employer know that you were pregnant.
3. Hiring an employment lawyer who will file a Complaint with the Department of Fair Employment and Housing (DFEH). After you have determined that you’ve been wrongfully terminated and collected sufficient evidence, you will need to file a complaint with the California Department of Fair Employment and Housing.This must be done within a certain period after the discriminatory action occurs. Therefore, it is critical to act as soon as possible to ensure you preserve your rights to pursue compensation.
4. Receiving support from an experienced employment lawyer. As navigating the process of pursuing compensation and exercising your rights after you have faced pregnancy-related discrimination is overwhelming and complex, it is crucial to have a compassionate lawyer on your side.A skilled employment lawyer can help determine whether you have strong grounds for a lawsuit and help you receive an optimal compensation package through mediation and litigation.

These steps could be critical in ensuring you receive the compensation you deserve after being fired while pregnant.

FAQs

What Do You Do if You Get Fired While Pregnant in California?

If you have been fired because of your pregnancy in California, it’s critical to take adequate steps to ensure your rights are protected. Be sure to gather evidence demonstrating the details associated with your termination, in addition to communication records with your boss. Under California law, pregnant employees are protected from discrimination. An experienced lawyer can help you determine your legal options if you’ve been fired while pregnant.

Can You Sue Your Employer for Wrongful Termination While Pregnant in California?

If you have been fired because of your pregnancy, you are entitled to sue your employer for wrongful termination under California’s laws. California rules and regulations strictly state that discrimination against a worker based on childbirth, pregnancy, or any related medical conditions is illegal. By working with an experienced employment lawyer, you can determine the compensation you are entitled and take steps to hold your employer accountable.

Can I Take Leave While Pregnant in California Without Being Fired?

Yes, you are protected from being fired while taking leave for pregnancy-related reasons under the law. California’s Pregnancy Disability Leave (PDL) gives you up to four months of leave that is related to pregnancy, childbirth, or related medical conditions without the threat of being fired. Furthermore, the California Family Rights Act (CFRA) establishes the right to leave work for another 12 weeks to bond with your new child.  And the reasonable accommodation laws entitle you to additional time off for reasonable medical leave.

Are California Workers Entitled to Accommodations for Pregnancy?

In California, workers are entitled to accommodations that are reasonable for pregnancy, childbirth, or related medical conditions. Such accommodations could potentially involve time off, a modification of work responsibilities, provisions of more breaks, or providing an option for a temporary position that is less strenuous. If your employer is refusing to provide reasonable accommodations for your pregnancy, you may have grounds to take legal action.

Contact Wrongful Termination Employment Lawyer

Pregnant workers are clearly protected from discrimination and have the right to enjoy certain benefits without being fired. If you believe you have been fired based on your pregnancy status, your employer is likely breaking the law. An experienced employment lawyer from Shirazi Law Firm, PC is here to work closely with you, build up your case, and help you pursue an optimal legal strategy to bring your case to justice. Contact us today to get started.