Employment Discrimination Against Mothers Is Rampant, But California Moms Have It Better Than Most
Balancing the responsibilities of work and family caregiving is not easy, and employers certainly do not make it any easier. Mothers of minor children often find themselves excluded from opportunities for advancement in their careers. It is their employers who have kept them stuck on the “mommy track;” the mothers themselves are willing and able to handle the responsibilities of their jobs and families. The pay gap between women and men disproportionately affects mothers; women without children have an average income higher than that of mothers, even after their children have reached adulthood. For the past several years, Sen. Cory Booker has sought to make family caregiver status a protected characteristic, regardless of the caregiver’s gender or relationship to the family member receiving care; he is currently seeking a bipartisan co-sponsor for such a bill. Meanwhile, California law offers more protection for mothers targeted by discrimination based on family status than most other state laws. If your relationship with your employer deteriorated after you announce your pregnancy, contact a Los Angeles pregnancy discrimination lawyer.
In California, You Have the Right to Take a Leave of Absence From Work Before and After the Birth of Your Baby
California treats workers better than most states do, but we do not have paid maternity leave. Rather, the California Family Rights Act (CFRA) guarantees the right to take an unpaid leave of absence from work for medical reasons or to care for a vulnerable family member, including a newborn or newly adopted baby. CFRA covers businesses that employs at least five workers. In other words, CFRA guarantees family leave or medical leave for employees of small businesses who would not be covered under federal law.
It might sound like bad news that pregnancy is not a qualifying reason to take CFRA leave, but it is actually good news. This is because California has a separate leave of absence, called Pregnancy Disability Leave (PDL) specifically for pregnany. PDL is also unpaid leave, but it lasts for up to four months. After your baby is born, you can also take up to 12 weeks of CFRA leave. In other words, PDL leave is for the mother, but CFRA leave is for the baby.
The Silenced No More Act Overrides Many Non-Disclosure Provisions in Separation Agreements
No matter the details of your employment, the Silenced No More Act makes it illegal for your employer to prevent you from speaking publicly about racial discrimination or sex discrimination (including parental status) at your workplace, whether through non-disclosure clauses in separation agreements or by any other means.
Speak With a Los Angeles Family Status Discrimination Lawyer
A Los Angeles employment discrimination lawyer can help you if your employer discriminated against you because you have children. Contact Obagi Law Group, P.C. in Los Angeles, California to discuss your situation or call 424-284-2401.