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Pregnancy Discrimination Archives

Protecting your rights in pregnancy discrimination cases

There is perhaps nothing more joyful than welcoming a new child into the world. Whether you are a first-time mother or are adding a new addition to your growing family, it is an incredible time in your life. You want to be able to spend as much time as possible with your child, and employers are required by law to provide you with leave to allow you and your family to enjoy these moments together.

Pregnancy Leave

Women should be protected in the workplace - not discriminated against. We all agree with that. But are they? Does pregnancy discrimination still exist?

Sanchez v. Swissport, Inc. (CA2/4 B237761 2/21/13) FEHA Pregnancy Disability Leave

In a case of first impression, we are asked to determine whether an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Government Code section 12945, may nevertheless state a cause of action under the California Fair Employment and Housing Act (FEHA), section 12900 et seq. The superior court concluded that appellant, disabled by a high-risk pregnancy, failed to state a claim under the FEHA because her employer had granted her the maximum leave provided under the PDLL before terminating her due to her failure to return to work. We conclude the allegations in appellant's first amended complaint (FAC) are sufficient to state a prima facie case under the FEHA for employment discrimination. Accordingly, we reverse the superior court's order dismissing the FAC.

Governor Brown Acts to Protect Pregnant Women and New Mothers

SACRAMENTO - Governor Edmund G. Brown Jr. today signed four bills to protect pregnant women and new mothers. The bills ensure maternity services are covered by health insurers and new mothers can no longer lose their health insurance as a result of taking maternity leave.

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