Pregnancy Rights for Employees at Small Medical Practices and Clinics in California

Most people understand that employees who work for large employers have significant discrimination protections, especially during pregnancy. However, the idea that workers’ rights disappear when an employer is small is a misconception. If you work for a small healthcare business and are pregnant or may become pregnant in the future, you should understand pregnancy rights for employees at small medical practices and clinics in California.

What Rights Do Pregnant Employees Have in California?

Under California law, employers cannot discriminate against an employee or potential employee because of a pregnancy or because the employee has recently given birth. California’s anti-discrimination laws as they apply to pregnancy are enshrined largely by California’s Fair Employment and Housing Act (FEHA).

In addition to protection against discrimination, the federal and state fair employment laws also provide employees with the right to request reasonable accommodations from their employers in order to effectively do their jobs.

How Do Pregnancy Discrimination Protections Apply in Small Healthcare Offices and Clinics?

Small healthcare offices and clinics often have limited HR departments; many even outsource HR duties to third-party organizations with no on-site presence. However, this does not mean that they are free to engage in discriminatory behavior.

Without a designated HR representative with whom to discuss your situation, it may be difficult to determine whether what you are experiencing at work constitutes discrimination. The following are some examples of discriminatory behavior that are especially common in small offices and clinics.

Denial of Light Duty

Pregnancy can be taxing on the body, and some pregnant workers find that they cannot fully perform their usual duties without endangering their health or the health of their unborn child. In these cases, employers should allow workers to take on light duty (not lifting heavy objects, not performing certain physically demanding tasks) wherever possible.

If you have requested light duty, or modifications to your typical work requirements, because of your pregnancy, and that request has been denied, you may be experiencing discrimination.

Pressure to Take Leave Early or Return From Leave Early

If your employer has attempted to pressure you to take your maternity leave before you are ready, this may be an example of discrimination. Sometimes, employers try to rush pregnant employees out the door in order to redistribute duties. In other cases, they may pressure a postpartum employee to return to work before they are ready because the office is understaffed.

As long as you are following policies and procedures and you are capable of doing your job, your employer cannot force you to begin your maternity leave early. Similarly, as long as you are within your allowed leave time, your employer cannot require you to come back to work before you are ready.

Reduced or Modified Schedule After Pregnancy Announcement

Unfortunately, some employers retaliate against pregnant employees by reducing their hours or drastically modifying their schedule in a way that is meant to pressure them into resigning. When employees require accommodations because of pregnancy or take leave for birth and postpartum, businesses can sustain financial losses or lose some efficiency. So, some employers try to force pregnant employees out of their roles.

If your employer has reduced your hours (not at your request) after learning of your pregnancy, or if they significantly increased your hours to the point of overworking you, you may have a discrimination case.

What to Do If Your Employer Discriminates Against You Because of Pregnancy

If you believe you have been experiencing pregnancy-related discrimination at work, you are not alone. Up to 20% of working mothers claim to have personally experienced pregnancy discrimination at work. Sometimes, employers behave as if their employees do not have the power to push back against unfair practices. Although it may be intimidating to stand up for yourself, the good news is that you have legal pathways to do so.

The first thing you should do if you have experienced pregnancy discrimination at work is to hire a pregnancy discrimination lawyer. Bringing an attorney with deep knowledge of California anti-discrimination laws into the situation early can help set you up for success as you go through the process of seeking justice.

FAQs

My Medical Office Employs Seven People. Am I Protected Under FEHA?

Yes. If your office employs five or more people, including you, you are protected from pregnancy discrimination under California’s Fair Employment and Housing Act (FEHA). Medical offices are not exempt from following fair employment and anti-discrimination laws. If you have questions about whether your situation warrants legal action, consult your attorney.

What If My Employer Says I Was Fired for Another Reason?

If you believe you were terminated because of your pregnancy, and your employer claims that the termination was for another reason, the outcome will depend on the evidence and which claim is more likely to be true. If you and your attorney can demonstrate that the termination happened after you announced your pregnancy, you likely have a legitimate discrimination case.

Is There a California Civil Rights Department Office Near Me?

There are several offices for the California Civil Rights Department throughout the state. If you are in Southern California, your nearest office is probably the one in Los Angeles. It is located at 320 West 4th Street. While it is possible to physically go to the office in order to file your discrimination complaint, you can also file your complaint and supporting documentation online.

My Clinic Manager Keeps Asking Me to Start My Maternity Leave. Is That Legal?

If you work at an office that employs five or more people and is therefore subject to California’s anti-discrimination laws, your manager cannot push you to take your maternity leave before you are ready to do so. This is considered discriminatory behavior. This is a subtle form of discrimination that many employers engage in, sometimes without even realizing the implications of it.

Need Legal Help? Hire a Pregnancy Discrimination Lawyer

If you have experienced pregnancy discrimination in a small medical office or clinic in Southern California, do not assume that your employer is exempt from anti-discrimination laws. Contact The Law Office of Briana Kim, PC, today. Attorney Briana Kim has years of experience advocating for employees from all over Southern California, and she is ready to put her knowledge and experience to work for you.

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Long Beach, CA 90802

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La Palma, CA 90623