I am 16 weeks pregnant . I was diagnosed with Hypermedia Gravadium due to to my excessive vomitting. On Monday I ended in in the ER and and cancel work for Tuesday. Wednesday when i was gonna go to work i review my schedule and all my hours were gone, my employer cut my hours from work without letting me know. I email them as to why and they told me u are missing to much due to your pregnancy and your hours in no longer guarantee. They also told me i wasnt in condition to be working nauseas..But Dr say Im good its only morning sickness. I feel discriminated just because of my pregnancy. And I'm worried I won't have my income to pay my bills.
The short answer to your question is that they are unlawfully discriminating against you based on your pregnancy. I'd advise that you contact an attorney to help you through the situation.
California law provides significant protection for pregnant employees. In addition to prohibiting discrimination or harassment on the basis of pregnancy status, California law requires an employer to allow an employee disabled by pregnancy, childbirth or related medical conditions to take a leave of absence and to maintain her health insurance during the leave. It also requires the employer to provide other forms of reasonable accommodations as necessary. Please consult with a lawyer regarding your specific situation.
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If your employer has 5 or more employees, your rights may very well have been violated. It is unlawful for an employer to discriminate or retaliate against or harass an employee because of her pregnancy. In addition, if your employer has 5 or more employees, you may be able to get protected (can't be fired, demoted, cut in pay or hours, etc.) leave when you are sick, etc. because of your pregnancy. Call an employment law attorney to discuss. Many of us offer a free phone consultation and fight to protect pregnant employees from discrimination, retaliation and harassment. Find contact info on Avvo.com.
First, I would remind you and all others who post questions on AVVO that you should not expect, nor is this site designed for, any meaningful legal advice that can be relied upon. There is no attorney-client privilege and the information you provide isn't enough for a qualified attorney to ethically provide advice. However, what you should expect is some general direction and tips to lead you in the right direction. Also, since you are in California, I would strongly recommend that you only consider any suggestions posted by California licensed attorneys who practice law in California and who are in the specific area of law regarding your question. Lastly, solicitation is against ethical standards that govern how lawyers are to behave. California attorneys are not allowed to solicit business (except with relatives or with those with whom we already have a preexisting business relationship) which is why you should never see a lawyer directly asking you for a consultation or your business. It is purely your prerogative if, when, and with whom you choose to do a consultation.
Generally, I agree with my colleagues. It is certainly unlawful to discriminate against someone who is pregnant or experiencing pregnancy related disability. It is equally unlawful to harass or retaliate against someone who requires pregnancy or pregnancy disability leave.
However, I wonder under what purpose / reason your employer "cut your hours". Generally, it is a deprivation of rights to have your hours cut. However, in some instances it may be perceived as a benefit. For instance, what if you are still being paid and it is not coming out of any sick or vacation time? What if you are being paid and it is coming out of sick or vacation time?
I would be cautious about jumping to conclusions and most certainly speak with a California employment attorney to go over the facts in more detail.
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