Medical Leave/Disability & Pregnancy Discrimination

Disability Discrimination

In California, it is unlawful for an employer to discriminate against you or terminate you from

employment because of your physical disability, mental disability, or medical condition. Cal. Gov. Code §12940(a). Under federal law, physical disabilities, mental disabilities, and mental conditions are defined broadly and include both actual disabilities and conditions, and situations where an employer perceives that an employee has a disability or condition.

Discrimination based on disability may arise in many different ways. If you are harassed, disciplined, demoted or treated poorly solely because of your medical condition or disability, you may have experienced unlawful disability discrimination. In addition, if your employer threatens you, makes it difficult for you or prevents you from taking a required medical leave based on your own needs or that of your immediate family, fails to maintain your health benefits while you are on medical leave, treats you differently because of your request or actual taking of medical leave, demotes, suspends or terminates you based on a request for leave or because you took a medical leave, or if you think your medical condition or disability has led to unlawful treatment of you in another way, you may have a claims for disability discrimination.

An employer cannot fail to hire you or terminate you simply because you are or become injured or disabled. In addition, both federal and California law protect employees from discrimination,

harassment, demotion, suspension and/or termination in direct response to a disability, or even a perceived disability. This can result in a number of different scenarios.

In addition, if you are medically restricted from performing certain tasks based on a medical condition or injury, your employer may be required to provide you with “reasonable accommodations” while those restrictions are in place. If your employer fails to do so, you may have a claim for disability discrimination. 

Pregnancy Discrimination

California and federal law prohibit unlawful discrimination in the workplace on the basis of pregnancy. Such discrimination can take the form of refusing to hire you because you are pregnant, failing to accommodate medical restrictions due to pregnancy or childbirth, refusing to provide time off for pregnancy or childbirth needs if medically required, or discrimination, harassing, suspending, demoting or firing you because you are pregnant. Certain laws also prohibit discrimination or adverse treatment based on breastfeeding needs.