Can my Employer Demand Additional Work Authorization After I Informed Him That I was Pregnant?
The discovery that you are about to be a mom is great! And you think that everyone should be happy at this thought; however, your employer may have a different view of your pregnancy and the necessary impending maternity leave.
Pregnancy is protected category and employers cannot discriminate against you just because you became pregnant. Discrimination may take many different forms including the fact that your employer all of the sudden demands an updated work authorization after you informed the manager, supervisor or the owner that you were pregnant.
If that is the scenario you have experienced, in addition to Fair Employment and Housing Act claims, you may have a claim under Labor Code section 1019 (a) that prohibits "unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees."
Requesting more or different documents than are required under Section 1324a(b) of Title 8 of the United States Code, or a refusal to honor documents tendered pursuant to that section that on their face reasonably appear to be genuine may be just a pretext and the real reason is that your employer just wants to get rid of you.
This practice is unlawful and you should not be able to tolerate it and be the victim of work place discrimination. Do not be afraid to speak up because it may happen to someone else if you do not take appropriate action today!
Attorneys at Serendib Law Firm APC are sympathetic to your situation and you are not alone. We are experienced in handling Pregnancy Discriminating Claims while obtaining Justice for our clients. We represent people in Orange, Los Angeles, San Bernardino, and Riverside Counties. Call us at (714) 703-1300 or complete our online form.