What if I'm disabled by pregnancy and my employer discriminated?

What if I am disabled by pregnancy and my employer discriminated against me because of it? What are the eligibility requirements for pregnancy disability? What benefits may I receive?

Pregnancy is a protected trait under the Fair Employment and Housing Act (“FEHA”). This means that an employer may not discriminate against you due to your pregnancy. You cannot be fired because of taking a leave from your job due to pregnancy. In addition, you may be entitled to certain benefits while on pregnancy leave.

Eligibility for Pregnancy Disability

Not every woman who becomes pregnant will be eligible for pregnancy disability. The FEHA has a general guideline for who may be categorized as disabled by pregnancy. While a pregnant woman is not required to become completely incapacitated by her pregnancy, to be eligible, you must not be able to perform one or more of the essential functions of you job without a great risk to yourself or others or without a great risk to your pregnancy. To determine whether or not your pregnancy interferes with your ability to perform your essential job duties, you may have to consult a physician and also an employment lawyer who specializes in pregnancy disability discrimination cases.

Benefits

If you are disabled due to your pregnant, you may be entitled to a leave regardless of how long you have worked for your employer or whether you worked full-time or part-time. You may also be eligible to maintain your employer-sponsored health plan while you are on pregnancy disability leave. You may also be entitled to be reinstated to your prior position when you resume your job after taking a pregnancy disability leave. In addition, you may be entitled to reasonable accommodations at work due to your pregnancy disability.

Pregnancy discrimination can be a complicated legal matter. If you believe that your employer discriminated against you due to your pregnancy, it is important that you contact an employment law attorney right away in order to discuss your legal rights and determine what is the best course of action for your specific case.

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