State and Federal Systems Paper

Essay by kingjohnUniversity, Bachelor'sA+, September 2006

download word file, 2 pages 4.0

Employers operating businesses in the United States are held to laws that regulate the treatment of pregnant employees. Employers are not allowed to unfairly discriminate against women who become pregnant. Women have rights to file lawsuits against their employers if they feel that they have been subjected to Pregnancy discrimination.

Discrimination based on pregnancy is illegal under both the California Fair Employment Housing Act (FEHA) and the Federal Title V11 laws. In 1993 the Pregnancy Medical Leave Act was created to give new mothers the opportunity to spend a reasonable amount of time off and return after childbirth. FEHA was designed to give pregnant employees the right to take time off and return to their jobs as long as it does not exceed four months.

Employees who become pregnant can be required to notify their employer of the date their leave will start and the approximate return to work date.

Occasionally some women do not want to take advantage of the FMLA- Family Medical Leave Act and an employer cannot force women to use it. However, if a employer can prove that the women is at risk of injury, possible injury to the fetus or that she cannot effectively do her job she may be required to take medical leave from work.

The FEHA section 103 states that employees have requirements that they have to obey. The employer has the right to ask for certification from the pregnant employees health care provider. The certification needs to include such information as, date that serious health condition commenced, possible duration of condition and the medical facts regarding her condition. Section 103 also states that if an employer has any reasonable doubt about the certification provided by the employee the employer has the right to ask for a second opinion from...