#pregnancy discrimination
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I WAS NOT MY MOTHER’S ENEMY BEFORE MY BIRTH.
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MY CHILDREN WERE NOT MY ENEMIES BEFORE THEIR BIRTH.
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GENERATIONS ARE SIMULTANEOUSLY OPPRESSED BY A SYSTEM THAT DEVALUES MOTHERS, CHILDREN, AND THE UNIQUE ECOLOGY THEY SHARE AS BONDED INDIVIDUALS.
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IF YOU WANT TO HELP THE WOMEN OF TOMORROW, STOP EXCUSING THEIR DEATHS IN THE WOMB TO ENABLE THE OPPRESSION OF A SYSTEM THAT HATES US FOR EXISTING.
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IF YOU WANT TO HELP THE WOMEN OF TODAY, STOP TELLING THEM THAT LEGAL CHILD KILLING IS THEIR ONLY ANSWER TO RESIST OPPRESSION AND MAKE REAL CHANGES IN OUR WORLD.
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THE SYSTEM WILL ONLY BE BURNED TO DUST IF YOU STOP ENABLING THE UNJUST KILLING OF TOMORROW’S ACTIVISTS.
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THE SYSTEM WILL ONLY CHANGE WHEN WE NO LONGER BASE THE FOUNDATION OF WOMEN’S RIGHTS ON THE INDUSTRY OF CHILD KILLING.
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IF YOU CONTINUE TO PIT WOMEN AND CHILDREN AGAINST ONE ANOTHER IN A SYSTEM THAT BENEFITS FROM THIS FALSE WAR, THEN YOU ARE PART OF THE PROBLEM.
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WOMEN AND CHILDREN ARE NOT ENEMIES. STOP SCAPEGOATING FEMALE BIOLOGY AND CHILDREN TO BENEFIT A SYSTEM THAT DEPENDS ON YOUR INTERNALIZED ANTI-NATALISM AND SEXISM TO THRIVE.
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March Of The Mummies is a national protest to demand government reform on childcare, parental leave and flexible working. Here’s why writer Lauren Crosby Medlicott is going along.
At least 10,000 mothers are due to march across the UK at the end of this month to demand urgent intervention from the government for the shocking treatment of mothers and families.
I’ll be carrying my sign and protesting in Cardiff, joining throngs of other mums in 11 regions around the country who are fed up with extortionate childcare costs, pitiful financial support for new parents and a lack of good quality part time and flexible work.
“Mothers from all over the UK have come together because enough is enough,” said Joeli Brearley of Pregnant Then Screwed, the charity that has organised the protests. “The pandemic brought into sharp focus how the needs of mothers and pregnant women are sidelined and ignored by those in power. That anger has grown with the cost of living crisis disproportionately impacting women and the near collapse of the childcare sector.”
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Since having children, I’ve chosen to be the primary child carer for our three kids. Although I loved being home with them, there wasn’t much of a choice. If I returned to work, my salary would go solely towards paying for childcare costs. I’ve put my whole career on hold because there was no other option.
There are women who have found it far worse than me as the cost of living crisis continues to soar. A recent survey from Pregnant Then Screwed revealed that 48% of pregnant mothers will have to cut their maternity leave short due to financial hardship. Shockingly, 60.5% of mothers who had an abortion in the last five years said childcare costs were a factor in their decision to terminate the pregnancy, and 43% said they were considering leaving their jobs as a direct result of childcare costs.
“Mothers and families are completely deflated; they feel abandoned by this government,” said Brearley. “We’ve got a yawning gender pay gap, women terminating pregnancies, thousands more who desperately want children but can’t afford to take the risk. Women are falling out of the workforce in droves and children are being pushed into poverty. What for? All because of an unaffordable, inaccessible, dysfunctional childcare sector that has been neglected for the past decade by this government. A number of broken promises about making flexible working the default and a parental leave system that simply isn’t working.”
#How are people supposed to have children when they can't afford to raise or care for them???#uk politics#march of the mummies#Lauren Crosby Medlicott#parental leave#flexible working#pregnant then screwed#cost of living crisis#gender pay gap#women in the work force#child care#women being forced out of the work force#pregnancy discrimination#pregnancy
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Finland's Women-Led Government Has Equalized Family Leave: 7 Months For Each Parent Under the new policy, families are entitled to a total 14 months of paid leave. The health minister says the goal is to both improve gender equality and boost a declining birth rate. That’s Fourteen Months Fully Paid Leave.
Compare and contrast with the United States. We offer ZERO paid maternity leave to anyone. Guess who always stands in the way of paying women?
#equality#pregnancy discrimination#paid maternity leave#paid leave#family leave#women's rights#jack tuckner#don't quit#vote
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Countries where abortion is heavily restricted or illegal have higher rates of maternal mortality than countries where abortion is legal and available.
Incidentally, those same countries where the government violates women's bodily autonomy without a second thought also have higher rates of unwanted pregnancies and teen pregnancies (much more dangerous) due to lack of education.
You support death more than any pro-choicer ever would.
And of course you support what several human rights organizations (the Center for Victims of Torture being one of them) consider torture.
Being autistic and disabled (as I and many pro-choicers are! shocker!) doesn't make you entitled to someone else's body.
Bodily autonomy > right to life in any situation we can think if from a legal standpoint.
Abortion is an extension of bodily autonomy and should be legal and readily available.
Well since you brought it up, countries where abortion is either totally or mostly illegal also tend to not have good healthcare systems. Countries where abortion is legal have more advanced medicine in general. Correlation is not causation.
In fact there was a study in Finland where the risk of death from legal induced abortion was reported to be almost four times greater than the risk of death from childbirth.
Mortality after a birth 28.2/100,000
After a miscarriage 51.9/100,000
After an abortion 83.1/100,000
Lack of education is unfortunate. That should be rectified. I assume you’re referring to forced pregnancy which is classified as a crime against humanity in the Geneva Convention of 1949 right along side “Extermination,” “Persecution against any identifiable group or collectivity,” and “Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.” (Considering the fact that human life has been proven to begin at conception, I’d say actively and intentionally causing serious bodily harm to an unborn child by exterminating him/her qualifies.)
I do not advocate for forcing anybody to get pregnant. That would be rape. Having experienced it, I’m profoundly against it. I do however belief that once you engage in reproductive activity and reproduction has occurred, no mother has any “right” to then intentionally destroy her offspring, regardless of its location.
Bodily autonomy does not and has never trumped right to life (the right to not be actively and intentionally attacked and killed.)
“1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law.”
The right to life “means that nobody, including the Government, can try to end your life. It also means the Government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk.”
#pro life#i am the prolife generation#prolife#prolife feminist#feminism#feminist#womens rights#abortion#autistic#actually autistic#pregnancy discrimination#prolife feminism#pro every life#fuck abortion#end abortion
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Pregnancy Discrimination
Something readers sometimes see in historical novels is that women lose their job when they’re pregnant. It’s was expected.
In the US, that started to change in 1978, thanks to the Pregnancy Discrimination Act. (Some had thought that it was made already illegal due to the ban on sex discrimination in the Civil Rights Act of 1964. Alas.)
[More at https://living400lbs.com/2024/03/25/pregnancy-discrimination/ ]
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Pregnancy Discrimination Lawyer Los Angeles | Theory Law APC
Theory Law APC is an experienced law firm that specializes in representing victims of pregnancy discrimination in Los Angeles. Our attorneys are knowledgeable and skilled in the area of employment law and have a proven track record of successfully representing clients in pregnancy discrimination cases. We understand the complexities of this type of discrimination and have the tools and resources to help you fight for your rights and ensure that you receive an equitable result in your case.
Call us today for a free consultation or visit — Theory Law APC
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What is Maternity Leave?
Maternity leave is the term used for the length of time that a new parent takes off of work when they give birth, adopt a child, or are given a new foster placement. The state of California has laws to protect employees and their job security when they need to take maternity or parental leave. There are some laws that also allow for some employees to have paid leave as well.
California Maternity Leave Laws
The following laws are all laws that help provide new parents with enough time to welcome the newest member of their family.
California New Parent Leave Act:
This law was implemented in 2019 and applies to companies with twenty or more employees within a seventy-five-mile radius. This new law allows employees that qualify to take 12 weeks of unpaid leave off to take care of a new child. In order to qualify, the following criteria must be met:
Employee must have worked for at least 1 year and at least 1,250 hours
Employee must notify employer within 30 days or as soon as possible
While a new parent is on leave, their health coverage must be maintained, and the employee must be given their same job/position upon return.
California Family Rights Act (CFRA):
This California law applies to companies with fifty or more employees within a seventy-five-mile radius and provides new parents with 12 weeks of unpaid leave off. To qualify, an employee must:
Employee must have worked for at least 1 year and at least 1,250 hours
Employee must notify employer within 30 days or as soon as possible
Employer must respond within 10 days and continue to provide benefits throughout the leave. It is important to note that health insurance premiums must still be paid and that the premium will be paid after taxes which means that premiums will go up. Upon returning, the new parent must be given the same or similar job back.
California Pregnancy Disability Leave Law (PDLL):
This law applies to companies with five or more employees and allows new mothers to take up to 4 months of unpaid leave off to deal with pregnancy related issues like severe morning sickness, doctor ordered bed rest, prenatal care, and childbirth recovery. This law also requires that your employer keep your position available for return. This law doesn’t require any certain length of employment to qualify and employers much continue to provide benefits during the PDLL time of absence. This law can be used in addition to the 12 weeks allowed under the CFRA which means that mother that qualify can take up to 7 months off to welcome a new child.
California Paid Disability and Family Leave:
California can provide paid leave for employees that are temporarily unable to work due to disability or want to take time to bond with a newborn. This benefit is called California’s short term disability insurance (SDI) and it provides a percentage of an employee’s normal pay while they use their disability leave for pregnancy or childbirth. This is actually paid into by the employee into a state fund in the form of taxes that are withheld from paychecks.
The same program offers California Paid Family Leave (PFL) which provides an additional 6 weeks of partially paid leave for parents who want to bond with their newborn. These programs are available to any employee regardless of employer size but employers with less than 20 employees are not required to provide job protection. This means that while every employee has the right to take advantage of these programs, smaller employers can terminate the employees or refuse to make their old position available upon return.
Family and Medical Leave Act (FMLA):
The FMLA is a federal law that requires companies with fifty or more employees and any public agency, including public and private elementary and secondary schools, to provide employees with up to 12 weeks of unpaid, job protected maternity leave. To qualify an employee must:
Employee must have worked for at least 1 year and at least 1,250 hours
Employee must notify employer within 30 days or as soon as possible
Who is Required to Provide Maternity Leave?
According to California employment laws, if a company has 5 or more employees, they must provide 12 weeks of unpaid leave for employees who are new parents. They must also allow up to 4 months of unpaid pregnancy related disability leave for employees who are unable to return to work due to pregnancy and/or childbirth. If a company has 4 or fewer employees, they are not required to hold an employee’s job or position in the event of a pregnancy or new child.
Length of Maternity Leave in California
There are three different kinds of maternity or parental leave that a new parent may take in California:
Pregnancy Disability Leave – When a person’s pregnancy or the act of childbirth leaves that person disabled and unable to return to work, they may be entitled to anywhere up to 4 months of leave under certain conditions.
Family Leave – Companies with 20 or more employees may provide up to 12 weeks of leave for their employees to bond with a new child.
Reasonable Accommodation Leave – When an employee has used their provided family related leave, they may still be unable to return to work for various related reasons. New mothers dealing with a pregnancy related temporary disability fall under a protected class so reasonable accommodations may be required, even if this means additional time off.
There are some occasions that may call for an employee to take all three kinds of leave, and may do so consecutively, taking seven months and then however much is considered reasonable to the situation. The employee is generally also able to continue to receive benefits through their job, and in some cases, also receive pay. This however depends on the job itself as well as the type of leave taken. There are separate laws and regulations governing payment while on leave. Maternity leave in and of itself is considered unpaid leave.
Pregnancy Disability Leave
Pregnancy disability leave (PDL) is an option available for an employee who has become disabled in some way due to pregnancy or childbirth. In order to be eligible for pregnancy disability leave, two factors are taken into consideration:
Was the employee rendered disabled due to pregnancy, childbirth, or some type of related medical condition?
Does the employer have 5 or more employees?
If the answer to both of these questions is yes, then the employee is eligible to take pregnancy disability leave for up to 4 months. This does not however mean that the employee must take their entire leave in one go. Depending on the health condition, the employee may need to take leave intermittently.
When determining whether someone is eligible for pregnancy disability leave, it is important to remember that simply being pregnant does not make someone disabled. However, there are many complications and illnesses related to pregnancy and childbirth that may result in a doctor determining that someone is unable to work. While it is common for conditions towards the end of a pregnancy to result in disability, there are some situations that may call for disability leave earlier or later, including but not limited to:
Debilitating morning sickness
Gestational diabetes
Hypertension
Loss of pregnancy
Mandated bed rest
Preeclampsia
Post-partum depression
Recovery after childbirth
While the pregnancy itself is not considered a disability, the act of childbirth is generally legally considered to render an employee disabled while they recover. Childbirth recovery can generally take from 6 to 8 weeks, but it varies case by case. Depending on the person’s health and in the event of complications, it may take longer.
Family Bonding Leave
Any parent who is an eligible employee may take up to 12 weeks of leave to bond with a new child, whether that child was recently born, adopted, or temporarily placed as a foster child. This leave may be added onto whatever leave an employee took for their pregnancy as well.
As of 2018, there are three factors that are required for an employee to be eligible for family bonding leave:
The company must have 20 or more employees within a 75 mile radius
The employee must have been working for the employer for at least 12 months before the leave begins
The employee must have worked at least 1,250 hours or more for the employer in the past 12 months
Family bonding leave can be taken intermittently; however, it must be taken with the first year of the child’s birth or placement with the family.
Generally, employers are permitted to require that employees take at least two weeks at a time for family bonding leave, but employees are legally entitled to request two instances of a shorter leave.
Reasonable Accommodation Leave
In the state of California, it is a public policy violation for an employer to discriminate against their employees due to mental or physical disability. It is the responsibility of the employer to ensure that any disabled employees are accommodated fairly. Reasonable accommodations are any adaptation to the employee’s duties or environment that would help them to do their work. Generally, with pregnancy related disabilities, that accommodation means time off work even if the employee has utilized all of their allowed pregnancy related leave.
There are a few requirements that must be met when determining if an employee is eligible for reasonable accommodation:
If the employer has 5 or more employees
If the employee has a mental or physical disability that prevents them from being able to properly do their job
If the accommodation will give the employee the ability to properly do their job
If the accommodation will not be an undue hardship for the employer
Right to Pay During Maternity Leave
Officially, maternity leave is unpaid. But there are some situations wherein an employee may receive some kind of pay or benefits while on leave.
Medical benefits during maternity leave – When an employee is out on pregnancy disability leave or family leave, the law states that their employer must continue to provide any medical benefits that the employee was receiving beforehand. Employers are also prohibited from changing the requirements for those benefits for an employee who takes pregnancy or family leave.
California State Disability Insurance – In the state of California, it may be possible to receive payments from short term disability insurance (SDI) while out on pregnancy or childbirth related disability leave. If a person’s paychecks have had at least $300 withheld in what is known as the base eligibility period. This is a span of 12 months that ends the quarter before the start date of the employee’s disability leave.
Temporary disability pay – Legally speaking, employers do not generally have to provide paid pregnancy disability leave. However, if they do provide paid temporary disability leave in other instances for other employees, they may be required to do so for pregnancy and childbirth related disability leave as well.
California’s paid family leave – In some instances, a person may be entitled to anywhere up to $1300 a week for as long as 6 weeks in paid leave to bond with a new child within the first 12 months after the child is born, adopted, or placed with the family through foster care.
Accrued paid time off – While on maternity leave, an employee may decide to utilize their accrued vacation or sick pay. Some employers may even insist that they do. For family leave, an employer may insist that the employee utilize any accrued time whether paid or unpaid. However, for pregnancy disability leave, the employer is only permitted to insist that the employee utilize sick leave. Otherwise, the decision of whether or not to utilize PTO is up to the employee.
How to Request Maternity Leave
It is expected that an employee give their employer advanced notice of when they plan to go on leave. Generally, they should inform their employer of:
When they are going on leave
How long they will be out
Whether they will be taking pregnancy disability leave and/or family leave
Technically speaking, this information is given by submitting a request to go on leave. However, their employer is not legally allowed to deny the leave if the employee is entitled to it under California state law and has given proper notice.
An employee may submit a verbal request for maternity leave, but it is advisable to submit a written request that clearly states all pertinent details including the date of when it was submitted and to keep a copy for your own records as well.
If possible, it is good practice to give your employer 30 days prior notice before going on leave. Some employers may even make this mandatory policy. In the event that such advanced notice can not be given, it is expected that the employee notify their employer as soon as feasibly possible. Employers are not legally allowed to deny a last minute request for leave due to a medical emergency related to pregnancy or childbirth. They are however permitted to ask relevant questions to verify if the employee is eligible for leave.
Pregnancy Discrimination
In the state of California, it is a public policy violation for an employer with 5 or more employees to discriminate against any person because of pregnancy. There are many ways that an employer might discriminate against an employee on the basis of their pregnancy, including but not limited to:
Not hiring someone because they are pregnant or might become pregnant at some point
Terminating an employee or demoting them due to pregnancy related medical conditions
Not providing an employee with necessary reasonable accommodations for disabilities caused by pregnancy or childbirth
Rejecting an eligible employee’s request for maternity or pregnancy disability leave
Discriminating against or harassing an employee for needing to breastfeed, pump, or tend to pregnancy related conditions
Burden of proof in pregnancy discrimination cases is on the employee. It is their responsibility to provide the facts or elements that prove their claim. These elements can include but are not limited to:
That the employer was subject to California pregnancy discrimination laws
That the employer negatively interfered with the person’s employment by denying employment, termination, demotion, or denying promotion
That the employer’s actions were primarily due to the person’s pregnancy, disabilities caused by pregnancy, or the possibility that the person may become pregnant
That the person was harmed in some way due to the employer’s actions
Which Workers Receive Protections Against Pregnancy Discrimination?
While the language of the law states “any person”, there are actually some specifications that go into determining who is protected against pregnancy discrimination. There are four basic categories that protected employees tend to be grouped into:
Job Applicants – People who actively seek employment with an employer either through a written application or by submitting a direct request.
Traditional Employees – People who have been hired by an employer who controls how they do their work.
Temporary Employees – Someone who was placed with an employer by an agency. In these instances, the agency and the employer may both be held accountable for discrimination.
Unpaid interns – As of 2015, pregnancy discrimination protections have been extended to unpaid interns as well
Just because someone fits into one of these categories does not mean that they are automatically protected, however. If a pregnant person applies for a job and is refused on the basis that they are underqualified, then that does not fall under discrimination. The law also does not protect people whose employers are their own direct family members such as their spouse, parent, or child. Independent contractors are afforded legal protections against pregnancy based harassment, but not discrimination.
What Forms of Pregnancy Discrimination Are Illegal?
Pregnancy discrimination is a broad term that encompasses any action that is taken to treat someone differently from others due to their pregnancy or because they had recently given birth. This discrimination can be used to impact many things such as:
How much a person is paid
Job duties and benefits
The work they are given
The conditions in which they work
This discrimination may happen and is prohibited at any point during a person’s employment and even before it such as:
During the recruitment process
During the hiring process
During training
When giving promotions and advancements
When giving pay raises
When approving or denying time off
During layoffs and terminations
Discrimination is not just about if an employer makes a person’s job worse, but also if an employee becomes disabled and the employer refuses to make improvements in the form of reasonable accommodations as well.
Can You Get Fired for Taking Maternity Leave?
Companies who have less than 5 employees and select non-profit religious organizations are not legally required to allow their employees to take maternity or parental leave, nor do they have to hold that employee’s job for them. There are a few other situations that are also not protected:
If the person has been employed by the company for less than 12 months
If the person has worked less than 1,250 hours during the past 12 months
If the employer is the person’s parent, spouse, or child
If the person is an independent contractor
Right to Reinstatement
When an employee takes pregnancy disability leave, they have a legal right to be able to return to the same position they held before. However, there are some instances where the employer may be allowed to move them to a comparable position. There are some companies that require employees returning from any type of disability leave to provide them with a ‘release to return to work’ certification from their doctor before allowing them to return to their original position, but if they do not require this of any employee out on any type of disability leave, they may not require it of people returning from pregnancy disability leave.
Regulation 7291.10(a) forbids any employer from transferring or refusing to reinstate an employee who has returned from pregnancy disability leave, barring exceptions laid out in 7291.10(c).
Regulation 7291.10(b)(2) goes on to specify that if there was no written agreement of reinstatement, or if there is a discrepancy with the reinstatement date, the employee must be reinstated within two business days of notifying the employer that they are ready to come back to work. If it is not possible to reinstate them within two business days, then it must be done as soon as possible.
This does not mean that the employee has more rights to being reinstated or other benefits than if they had not gone on leave. An employer may refuse to reinstate an employee to their same position if they can prove at least one of the following:
That if the employee had not gone on leave, they would no longer be employed in that same position by the time the reinstatement was requested. For example, if the location they were working at was closed down.
That keeping the job for the employee, either by leaving it open or hiring a temp worker, would have a substantially negative impact on the business running safely and efficiently.
Generally, if an employer can not reinstate an employee to their previous position, they are expected to reinstate them at a position that is similar or comparable. However, they still have no greater right to this position than they would have if they had not gone on leave and their position was being eliminated. An employer may refuse to reinstate an employee to a comparable position if they can prove at least one of the following:
That they would not have offered the employee a comparable position if they had not gone on leave
That they do not have any available comparable positions. A position is considered available if it is a position the employee is qualified for or entitled to and is open when the employee is scheduled to return, or within 60 calendar days of that date. The employer is responsible for informing the employee of available comparable positions. If there is no available position when the employee is scheduled to return, but one opens up and the employee is reinstated within those 60 days, the time in between does not count towards pay or benefits.
That placing the employee in the available position would have a substantially negative impact on the business running safely and efficiently
That the employee was laid off from their position for legitimate reasons not related to the pregnancy disability leave. When the employee is laid off, the employer no longer has a responsibility to uphold their leave, benefits, or reinstatement outside of any collective bargaining agreements.
When the pregnancy disability leave is concluded, they may be eligible for CFRA leave. In this instance, their rights regarding reinstatement are outlined by the CFRA and not the PDL. When an employee returns to work from CFRA leave, they have a legal right to be reinstated to the same or comparable position.
Maternity Leave Rights Violations
If and when an employer violates their employee’s legal rights, that employee has a few options:
Seek informal resolution with the employer
File an administrative claim
File a lawsuit
There are pros and cons to each choice, and some people may need to exhaust all three options. In these cases, it is good to speak with an employment lawyer, but it is not required to have one. There are many benefits to having an attorney in these cases, such as:
Information, evidence, and document collection
Finding the best way to apply the law to the facts of the case
Knowing how to best navigate the legal process
Obtaining the best possible compensation
While having an attorney does not automatically guarantee a positive outcome, it is generally better to have one. A good lawyer has the skills and experience necessary to handle the complexities of the case.
Contact Mesriani Law Group
The right to take maternity leave is extremely important. Having that right violated can be devastating and have serious negative consequences. An employment lawyer can help alleviate the stress and hardship and take care of getting you the compensation you deserve. Our attorneys are experienced, hardworking, and dedicated. If you have been discriminated against by your employer due to pregnancy or pregnancy related disabilities, call Mesriani Law Group today for a free consultation.
Maternity Leave FAQs
How much time do you get off for maternity leave in California?
An employee who becomes pregnant may be eligible for 4 months of pregnancy disability leave and 3 months of family leave. A person may choose to take family leave after they have used all of their disability leave and may even be eligible for additional reasonable accommodation leave after that.
How much do you get paid for maternity leave in California?
While there is no legal obligation for an employer to provide paid maternity leave to their employees, there are ways for individuals to receive payments while on maternity leave. State disability insurance, California paid family leave, and any paid time off benefits provided by the employer are all options that an employee might seek to utilize.
How do you calculate maternity pay?
California’s paid family leave calculates approximately 60 to 70 percent of the weekly income you earned for the 5 to 18 months leading up to the date of the claim. This number uses the highest earning quarter in that timeframe. There may be other factors that impact how the amount is calculated such as other income, military service, and overdue court ordered support payments.
How long before due date should I take maternity leave?
There are many different factors that can go into a decision of when to begin maternity leave. Sometimes, complications with the pregnancy can cause a person to go on pregnancy disability leave early on. Other people may choose to wait until the due date in order to take all of their time after the baby is born. Generally, it is common for employees to begin maternity leave anywhere from a week to a month before their due date.
#California Employment Law#Maternity Leave#FMLA#Pregnancy Discrimination#Disability Leave#Disability Discrimination#Wrongful Termination#Workplace Harassment#Employment Law#Employment Lawyers#California Attorneys
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Article by Jolie McCullough in the Texas Tribune, published Aug 11 2023.
#sexism#pregnancy discrimination#abortion#texas#prisons#republicans#hypocrisy#things I post#not even surprised just furious#radfems do interact#radfem safe#radfems do touch#radblr
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How To Spot Pregnancy Discrimination In The Workplace 2023?
Unfortunately, many women still experience pregnancy discrimination at work today. Employees and employers must both be mindful of pregnancy discrimination and be able to identify its signs. If you are a pregnant worker work who is working in any firm during the pregnancy phase, then this article is a must-read for you. The article defines pregnant discrimination, discusses its legal repercussions under California law, and offers recommendations on how to recognize potential employment discrimination.
What is pregnancy discrimination?
Pregnancy discrimination is the act of unfairly treating an employee because of his or her pregnancy, delivery, or any related medical issues. It is prohibited and undermines pregnant workers’ rights to fair treatment and equal opportunity at work. Discrimination based on pregnant status can take many different forms, including refusal of employment, advancement, or perks, unfair treatment, harassment, or termination.
What California pregnancy discrimination laws says?
Strong legal protections against discrimination against pregnant workers are in place in California. For the reason of being pregnant, delivering birth, or any other connected medical factors, firms in California have no right to treat their staff members unjustly. The Pregnancy Discrimination Act (PDA), a federal law, restricts the employers with 15 or more staff members from discriminating against pregnant workers.
Accommodations refused
Employers must provide mothers-to-be with adequate adaptations, such as flexible work schedules, ergonomic modifications, or time off for visits to the doctor. If her employer declines to provide the necessary adaptations for her or treats her otherwise from other staff members who are temporarily disabled, a pregnant employee may be subject to discrimination.
Harassment or a hostile workplace
Pregnancy discrimination in California may be shown in unpleasant jokes, negative remarks about pregnancy, or other derogatory actions that foster a hostile work environment. Such conduct contravenes California workplace harassment laws against workplace harassment in addition to being improper.
Retaliation for actions related to pregnancy
Retaliation by employers against workers who defend their rights or ask for pregnancy-related adjustments is forbidden. It may be a sign of discrimination if an employee experiences unfavourable treatment, such as a promotion or termination, after participating in activities connected to a protected pregnancy.
How our law firm help you in such matters?
Our employment discrimination lawyer is committed to supporting anyone who has encountered pregnancy discrimination in the workplace. You may anticipate individualized care and a sensitive approach when you pick our legal company. In order to develop a compelling claim on your behalf, we will thoroughly assess your case while gathering proof and doing extensive research. Our lawyers will fight tenaciously to uphold your rights because they have a thorough awareness of the difficulties that pregnant employment discrimination claims present.
Every stage of the legal procedure will be walked through by us, and we’ll also explain your alternatives and suggest the best course of action for you. We will be your devoted advocates whether it involves negotiating with your employer, submitting a complaint to the proper authorities, or pursuing legal action.
Conclusion
For workplaces to remain fair and inclusive, pregnancy discrimination must be identified and addressed. Understanding pregnant discrimination, being aware of your legal rights under California law, and keeping an eye out for symptoms of prejudice can enable you to intervene if required. To safeguard your rights and successfully navigate the legal procedure, keep in mind that you should obtain advice from a Los Angeles pregnancy discrimination lawyer who focuses on employment discrimination. Together, we can strive to create workplaces that respect and protect pregnant employees’ rights. keep in mind to Call our Southern California Employment Law Group PC at (424) 688-1057 to get help of our lawyer.
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As the first footballer to successfully sue a club for pregnancy discrimination, Gunnarsdóttir has set a precedent for the professional game all over the world. In women's football, pregnancy and family planning have been two of the biggest influences in players' decisions to retire early: not because they are physically incapable of returning to the sport, but because the clubs and leagues around them have, historically, offered little to no support in doing so. But this is the first time that FIFA, a global governing body, has handed down such a ruling. It's significant because it is a standard that will affect clubs within all 211 of its member associations and provide professional athletes who wish to fall pregnant — particularly women — with the reassurance that they have an added global layer of legal protection that did not exist a few years ago. As Gunnarsdóttir's case shows, FIFA's regulations even over-rule domestic civil laws, which Lyon had cited as the reason for their decreased payments to her, but which FIFA's tribunal ultimately rejected.
Samantha Lewis, ‘A pregnant footballer sued her club for discrimination at FIFA — and won. Here's why it matters’, ABC
#ABC#Samantha Lewis#pregnancy discrimination#football#Sara Björk Gunnarsdóttir#women's football#FIFA#Olympique Lyonnais#legal protection#French civil laws
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But ask new moms and 8 out of 10 will say they have experienced the memory loss and brain fog popularly characterized as “mommy brain.” Why then, are the studies not finding what so many women experience?
One reason, the authors explain, may be the peace and quiet of the labs where most studies are performed. Without screaming children and a long list of tasks to manage right in front of them, thinking becomes easier and moms perform just as well as women without children.
Another possible reason: “Mommy brain” is not real and people are just quick to judge. A simple slip of the mind in an often overworked and sleep deprived mom is promptly labeled as “mommy brain” by a society expecting women’s cognitive abilities to decline after having children. Women too may have learned to use the term to cope with the impossibilities of new motherhood. Laughing those off and calling it “mommy brain” may well be a cry for help by moms who don’t feel supported.
I wonder if the belief in “mommy brain” contributes to pregnancy/sex discrimination.
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The Man Who Believes Your Latte Made You Broke (Dave Ramsey)
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Fatness blamed for the loss of pregnancy
ANONYMOUS please.
(TW: Miscarriage, pregnancy, weight loss.)
I went out with my aunt this summer to go to a bunch of garage sales. She mentions this lady she knows whose sale we should go to because she always has a bunch of clothes, and apparently has lost some weight and is selling her old clothes. I think, "Great!" because finding fat clothes is HORRIBLE, as we all know, especially on a budget. I'm death fat, and my aunt isn't small herself (genetics are funny like that, huh?).
My aunt goes on to mention that the lady had gotten pregnant and lost her baby. That's really sad, and I say so. And then my aunt says that the reason she lost the baby was because of "the weight", and that was why she was losing weight.
Wtf.
First of all, many people lose weight when a pregnancy ends. That's pretty normal. Second, exactly what condition does being fat cause that causes late-term miscarriage, and why was it not treated if it exists?
TL;DR: Thin privilege is not having your fatness blamed for the loss of your pregnancy.
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Dreamers' General Designs and Description
Backstories below cut(Warnings in tags!)
Herrah(based on the Sapphire Gooty Tarantula)-
Herrah wasn't born into royalty. In Deepnest culture the strongest and smartest rules over them. There is no set class system and you aren't given something simply cause you are a child of someone important. However, this means that the strongest bugs usually propagate and mate with each other so many of Herrah's ancestors ruled over Deepnest.
Since she was young, her goal was to get to the position of queen. Like all bugs in Deepnest she learned how to wield a needle, but she also needed to be sociable and likable. She hunted and gave her kills to the ones that got injured or were debilitated by mantis attacks.
This made Herrah charitable to the bugs in Deepnest. Now she needs a chance to get onto the throne.
During one of the festivals in Deepnest, Herrah saw that the King of Deepnest was a bit lonely with nobody around accompanying him. He was crowned only a year ago after killing his sister in a controversial duel where it was debated if he cheated. After he was crowned he bowed more and more to the Pale King and made trades that would make him money and not the weavers.
In short, nobody would miss him.
Herrah saw this as her chance and cozied up to the King. She knew that he preferred calmer, more 'tameable' bugs, so she played her part. It was obvious to everyone but the King what was to take place that night. The King and Herrah left the festival early and without the king realizing it, the bugs cheered harder as they knew the king would be devoured and they would gain an amazing queen.
The King and Herrah entered his chambers and got down to business. It was almost an hour later when Herrah exited now her chambers covered in blood.
She took over the throne with little resistance and started undoing all of the damage that the King had done and limited trade with Hallownest. During her first couple of months as queen, she found out she was pregnant from the hour she spent with the king. However, she ended up losing the child.
In Deepnest the only parent that matters is the mother as the father gets eaten or the father is typically not the breadwinner, making him weaker. So it wasn't weird when Herrah was sleeping around with suitable bugs, but there was no luck. She was young and healthy, of course, there had to be something wrong with her body.
So when the Pale King offered a child about five years into her rule, she took the chance. Even though she would only have a short amount of time to be with her child. A child that will survive and surpass her.
Eventually a bit after Hornet was born, Herrah found 3 vessels and raised them as well. Herrah's motivation in the AU is to protect the kids while keeping Deepnest afloat.
Lurien(based on the Scarlet Tiger Moth)-
Lurien was born in Crystal Peaks. During his youth, his family traversed between Crystal Peaks and Resting Grounds around this time as this was the point when bugs were weary of moths, so they tried to stay away.
However, Lurien wanted to interact and be with the world instead of being isolated in the tribe. His parents realize this and save up money for him to go to get tutored in the City. Lurien got his education and eventually saved his money to take a test and enrolled in a college.
During his excursions outside of the Resting Grounds, he would dress head to toe in robes and wear a mask like how many of the bugs would dress. If anyone found out he was a moth he would surely be kicked out of the college and get optimized.
Halfway through completing his education during the winter season, a group of trouble-doers decided they wanted to take matters into their own hands.
Lurien was in his bed at his parent's house when they heard a loud bang and scream. Before he could do anything, the light blinded him and he was dragged out of bed. His parents were beaten in front of each other and had their wings chopped off. The whole diabolical only lasted for 10 minutes until the guards came in and chased the perpetrators down but never caught them. Lurien's parents died from their injuries, only leaving Lurien to be the last living person in their family.
After he was treated for his injuries and buried his parents, he left the Resting Grounds, only returning to pay his respects. Once the winter season ended he continued on with his education. Luckily for him, nobody found out he was a moth after the attack.
After the incident, he realized he needed to blend in and get rid of his past identity. He needs to be likable but reserved so it doesn't seem like he is too much of a leach. After getting his education he first applied to be a worker for a sector of the city guard. There he learned how to disperse them effectively and was able to catch hints of criminal activity despite the lack of clues.
He was able to climb the ladder fairly quickly and caught the eye of the King. The King observed Lurien for a bit, mesmerized by his skill, Despite closely observing him, the king didn't find out that Lurien was a moth.
The King invited Lurien to his Palace to his dismay and anxiousness, though The King wanted to test his skills. Every test that The King gave, Lurien passed.
Lurien eventually climbed all of the way to the top and watched over the city. His motivation in the AU is to protect the innocents while keeping his identity a secret.
Monomon(based on herself as she doesn't resemble any jellyfish)-
Monomon was born outside of Hallownest, far away from the large lake settled into the crater. Her species was small in population but wanders off coming back to the lake every now and again. Her species lives almost forever but needs moist humid conditions to leave. Once she was old enough and got the blessing of others of her species, she followed one of the many streams that exited the crater to see where she ended up.
She wasn't hesitant about leaving her home. Almost many others of her species did the same thing. Her species didn't have a set family unit either, the crater that is their home simply created more of them. Some may think that this is the work of a higher being, but no, the conditions are nearly perfect to create nearly immortal jellyfish. Regardless of what powers were involved, she could always sense if her species was alive or not.
She knew that she would find civilization or life eventually as those two things typically appear near streams, but she also needed moisture. The wastes are too unpredictable to get water constantly. Luckily for her, she only needs a few nutrients.
It probably took about the lifespan of 3 bugs to finally get to a large body of water, Blue Lake. Monomon quickly found out that she found a huge mass of life around the lake.
She wandered a bit until she startled upon a Pale Root. They both talked for a bit before the Root notified her that the land was ruled by a goddess named Unn and that she wasn't kind to outsiders.
Monomon challenged this idea and wandered to the Lake of Unn and requested an audience with her. She found out that Unn was kind to outsiders, but wasn't kind to the pale root as she is seen as a threat. Unn saw how knowledgeable Monomon was and saw that she didn't take things at face value. Unn decided to give Monomon the lower half of her land, land that wasn't fertile or of use to Unn and requested her to make an area where knowledge would be housed.
Monomon accepted this and started construction of the Archive. She invented many storage containers made from her biologically as she needed knowledge to last a long time. During the construction, she already gained information from Unn's people but she went out to get information herself. She learned about the weaver, moth, and mantis tribes.
The archive was moving smoothly when the pale root met up with her again. She came back with a tiny pale bug. He was almost like a bug, but something was off. She quickly found out he was a wyrm. He requested some information about the land he wants to call "Hallownest". Monomon divulged in as many details as she felt comfortable doing as she didn't want to betray the trust of any of the party. After that, she saw how Hallownest flourished.
Slowly the Archives became a University of some sort. One day one of her students came up to her frantically handing her a bundle of something, saying she was unable to care for it. Monomon saw it was a child and before she could say anything, the student was gone, never to be seen again. Monomon raised this child and named it Quirrel. Monomons motivation in my AU is to get knowledge and keep Quirrel safe.
#split family au#hollow knight#hollow knight fanart#hk herrah#hk lurien#hk monomon#hk headcanons#tw pregnancy#tw miscarriage#tw mutilation#tw discrimination#lol none of these tw are meant for monomon#monomon is the only one who isn't horrifically traumatized#good for her
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Early in her pregnancy, Amanda Aguilar struggled with severe nausea that sometimes made it hard to eat.
A doctor had previously approved a medical marijuana license for her, so she used pot to ease her morning sickness.
Aguilar, 33, said she stopped using marijuana after her third month of pregnancy and tested negative for the drug after her healthy son was born in October 2020. But the hospital found traces of marijuana in her baby’s stool.
Two months later, the district attorney in Aguilar’s mostly rural county near the Kansas border charged her with child neglect, a felony. She has decided to fight the charge, and recently declined to comment on the advice of her public defender.
She is one of at least 26 women charged with felony child neglect in Oklahoma since 2019 for using marijuana during their pregnancies, an investigation by The Frontier found. The crime can carry a term of up to life in prison in Oklahoma, though previous defendants pleaded guilty and received probation.
At least eight of the women had state medical marijuana licenses, which allow holders to legally purchase and use cannabis after a recommendation from a physician.
So even when they are following doctors' advice, they get charged.
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leilei and shamat (from @mulberrycafe): [talking about all the weird differences they have in their lives like how shamat married kaidan and his nerevar was crazy meanwhile leilei’s vivec tried to kill him]
daelryn: [very alarmed standing there silently trying to figure out how to ask why these version of himself aren’t transgender]
#daelryn would bond with vivi#over gender feelings and discrimination#coughs and pregnancy scares coughs
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