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Friday, March 9, 2012

If you are scared to tell your boss you are expecting, find out more about your benefits here

By Neshrayne Rabinovitch


The 'potential ' for pregnancy

It is reasonable to say that the bulk of folk understand that any sort of wrongful termination against a pregnant individual is wrong, and as a consequence they could land themselves in a lot of hot water However you might or might not know that any form of discrimination based on the 'potential ' to be pregnant is also wrong. The term 'potential pregnancy ' refers to any girl who expresses a wish to get pregnant or indeed any lady who has got the capacity to bear youngsters.

A case in query is that of a well-known manufacturing company who would not allow ladies to work in a particular environment in case of the proven fact that if they 'did ' fall pregnant, the demanding nature of the job 'might ' cause harm to the unborn fetus. One would be excused for thinking the company in question was simply 'looking out ' for the well being of their employees. However the courts looked on it as a contravention of women's rights.

Any kind of discrimination or wrongful termination can be a violation of the laws covered by the California Fair Housing and Work Act (FEHA) and Fed. title VII laws.

Pregnancy/motherly leave

Under the above laws, they don't say the employer 'has ' to grant leave for pregnancy even though it is right to say that they do both cover discriminatory acts against pregnancy, including wrongful termination. However the FEHA act does allow the lady a right to take as much as four months of unpaid leave for circumstances relating to her pregnancy,eg childbirth itself and caring for her newly born baby. The employer isn't under any requirement to pay the employee during this time.

The law surrounding pregnancy and maternal leave can be quarrelsome if handled in the wrong way. An Los Angeles wrongful termination attorney explains...

An employer can't force any pregnant employee to take their allotted pregnancy leave if they do not wish it. However if it can be proven the individual absolutely cannot do her job or becomes what is known as 'disabled ' by her pregnancy, then the employer can cause her hand and make the individual take leave of absence. This can be a situation that's fraught with Problems because technically if all the right 'accommodations ' are in place then there should be no reason for a girl to need to give up work and go on leave.

Wrongful dismissal for pregnancy issues should very definitely be dealt with by a skilled team of discrimination lawyers. Los Angeles has some of the finest in the business, so any person faced with this situation should not hesitate to make contact.




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