Federal Law

Equal Pay Act (EPA) – The EPA mandates that members of one sex do not receive greater pay than members of the other sex when they are performing substantially the same job in the same workplace. This includes salary, overtime, bonuses, stock options, benefits, vacation and holiday pay, and profit-sharing plans.

Title VII of the Civil Rights Act – Applicable to employers with 15+ employees, Title VII prohibits sex discrimination and protects women from workplace sexual harassment. Women were not included when the law was passed in 1964; sex became a protected class in 1967.

Pregnancy Discrimination Act (PDA) – The PDA prohibits sex discrimination in employment and hiring when that discrimination is based on pregnancy, childbirth, or a related medical condition. The Act also requires companies that offer disability leave to temporarily disabled employees to extend the same policy to women who are temporarily disabled by pregnancy.

Family & Medical Leave Act (FMLA) – The FMLA ensures eligible female employees can take 12 weeks of unpaid leave for childbirth and childcare while maintaining job protection.  It applies to businesses that have 50 or more employees within a 75-mile radius.

Lilly Ledbetter Fair Pay Act – The two-year limit for equal pay complaints resets with each new paycheck. Previously, the limit started with the first paycheck of unequal pay. In other words, if a claimant did not file her claim within two years after the first unequal paycheck, she could not sue for any unequal pay claims that happened after that. Under this act, if unequal pay is discovered after three years, a claim can still be filed because the statute resets with each affected paycheck.

The Patient Protection and Affordable Care Act – This law requires employers to provide break time for an employee to express breast milk for a maximum of one year after child birth. Additionally, employers are required to offer a private space, other than a bathroom, for women to express milk. This law is applicable to employers with 50 or more employees.

Tax Cuts and Jobs Act (TCJA) – Congress addressed sexual harassment and discrimination in corporate tax returns. Previously, settlements for such claims were deductible business expenses, even when the settlements included nondisclosure agreements, which kept the settlements secret. Now, settlements with nondisclosure agreements are nondeductible to promote transparency.

California Law

California Fair Pay Act – addresses gender pay inequality in the workplace. This legislation mandates that companies must not pay employees of one sex less than those of a different sex for performing “substantially similar work,” which encompasses work requiring comparable skill, effort, and responsibility, irrespective of job title.

The law obliges companies to substantiate that any pay disparities are based on criteria such as experience, education, and seniority. Additionally, the California Fair Pay Act safeguards employees who discuss their wages with colleagues from retaliation, thereby facilitating workers to share information about their compensation and identify potential pay disparities.

Fair Employment and Housing Act – prevents sex-based discrimination and harassment, which protects women from unwanted harassment and from discrimination.  The law applies to employers with 5 or more employees.

Pregnancy Disability Leave Law (PDL) – requires employers with five or more employees to provide up to four months of unpaid leave for pregnancy, childbirth, or related medical conditions. Enforced by the Fair Employment and Housing Act (FEHA), PDL covers prenatal care, morning sickness, gestational diabetes, childbirth, recovery, postnatal care, and any related issues. Employers must maintain health coverage during the leave and reinstate employees to the same or a comparable position upon return.

California Family Rights Act (CFRA) – allows eligible employees up to 12 weeks of unpaid leave per year for reasons such as childbirth, adoption, or serious health conditions. This applies to employers with at least 5 employees within a 75-mile radius. Employees are assured job protection and continued health coverage during their leave.

Sexual Harassment Prevention Training – every two years, organizations with a minimum of 5 employees are required to provide their non-supervisory personnel with one hour of training on unconscious bias, aimed at preventing sexual discrimination, harassment, and abusive behavior. Additionally, supervisory staff must receive two hours of the same training biennially.

California Breastfeeding Law – Like its federal counterpart, employers must provide employees with a private place, but not a bathroom, and reasonable break time to express breast milk for up to one year. California also prevents discrimination related to breast feeding that is based on national origin or marital status. Additionally, California employers must make a good faith effort to offer a private room near the employee’s work area for milk expression and must implement a policy for lactation accommodation.

Survivors of Domestic Violence Employment Leave Act – allows female workers who are victims of domestic violence or sexual assault to take job-protected leave for court, safety concerns, or other similar reasons. Employees can use accrued sick leave or vacation time and request workplace accommodations. Employers are prohibited from retaliating or discriminating against employees exercising these rights.

Employment Law Office of Ward Heinrichs
4565 Ruffner Street, Suite 207
San Diego, CA 92111
858-292-0792
(858)408-7543 (fax)