Legal Question in Employment Law in California
I recently was fired from my job. I strongly believe it was due to my pregnancy. I work in a small private dental office as a Registered Dental Assistant. I keep reading that the pregnancy protection law only protects you if you have more than 15 workers. We have less than that. What else can I do? This is not a situation I'm willing to slip by because it is DISCRIMINATION!
1 Answer from Attorneys
Pregnancy discrimination issues tend to be a little bit more complex than discrimination based on other immutable characteristics (race, age, religion, sexual orientation, disability, etc.) However, in California, discrimination against a woman because she is pregnant is considered a form of gender discrimination, which is prohibited under the California Fair Employment and Housing Act ("FEHA"). Generally, the FEHA only requires an employer to employ 5 or more people in order for the law to apply, so if your office had at least 5 employees, then you may be able to bring a claim for gender discrimination based on pregnancy.
It is difficult to fully assess your situation and whether or not discrimination occurred without more information, but if you would like a consultation, please feel free to contact our office. Our website is www.sarnofflaw.com, or you can call us at (877) 877-2545.
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