PREGNANCY MEDICAL LEAVE & ACCOMODATIONS    

 

RECENT NEWS

Black FIrefighter awarded $1.17 Million in court

A jury awarded $1.17 million Friday to a black former Pasadena firefighter who said he was forced to retire after complaining for five years about other firefighters leaving blood, urine and feces in his bedding and scrawling a swastika on his equipment.

The penalty was just the latest case of a black firefighter alleging discrimination against a fire department in Los Angeles and surrounding communities.

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Hope Takes on Hate

Gay man wins $1.9 Million in discrimination case

After 18 years as a cook or chef in various restaurants, Bruce Hope “wanted something more permanent”--a lifetime job with retirement and a pension. So he applied for a position as a cook with the State of California and qualified.

A gay man diagnosed as HIV positive just before he started working for the state, Hope initially did on-call and temporary work.

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Sexual Harassment Plaintiff gets

$11.6 Million

A Manhattan federal jury slammed Madison Square Garden and its chairman with a $11.6 million judgment Tuesday after finding that a female marketing executive had been sexually harassed by Knicks coach Isaiah Thomas and then fired after she complained.

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No Hate Crimes

No Peace

The kidnapping, rape and torture of 20 year-old Megan Williams by two families of white West Virginians shocked the human sensibilities of all who learned of the ghastly crimes - with the exception of the local prosecutor. Despite the self-evident nature of their depraved, multi-day assaults on Ms. Williams' body and spirit - "this is what we do to Niggers" - the prosecutor refuses to charge the fiends with hate crimes, claiming he couldn't get a conviction.

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Discrimination based on pregnancy is illegal under both the California Fair Employment and Housing Act (FEHA) and the Federal Title VII laws

This includes discrimination based on pregnancy, childbirth, or related medical conditions.

Even discrimination based on the "potential" for pregnancy is illegal. For example, in one case a manufacturing company would not allow women to work certain jobs because if they were pregnant there could be harm to their fetus. This was illegal discrimination. Additionally it is unlawful for an employer to ask a prospective employee whether or not she is or intends to become pregnant.

Pregnant LeaveAccommodating Pregnancy

Employers have a number of responsibilities to employees who become pregnant. FOr instance, if a woman becomes pregnant, and with the advice of her doctor asks for a position that is less strenuous or hazardous the employer must transfer her to another position if it has one, or can make one without being "unduly burdened." Basically, if its not too much trouble for the employer to accommodate the woman's needs, he has to do it.

Pregnancy Family Medical Leave

Federal Title VII Law does not explicitly require employers to grant Pregnancy Leave, al thought it does prohibit Pregnancy discrimination. However, the Federal Law does require employers to grant medical leaves, which are applicable to pregnant women. (See separate section on family and medical leave.)

The California FEHA specifically gives pregnant employees the right to take a leave of absence for a "reasonable period of time" is the time period where the woman is "disabled" because of her pregnancy, childbirth, or related medical conditions. "Disabled" in this context simply means she cannot work. During a Pregnancy leave, a woman may also use any vacation time she has accrued.

Pregnant DiscriminationEmployers can require any employee who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is expected to last.

Employers generally cannot force a pregnant employee to go on a pregnancy family medical leave. It is there if the woman wants it. However, if the employer can show that the women absolutely cannot do her job, or is "disabled" by the pregnancy, he may be allowed to make her take a leave of absence.

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