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Employees Are Protected Under the FEHA Even After Exhausting Leave Under the Pregnancy Disability Leave Law

Employees Are Protected Under the FEHA Even After Exhausting Leave Under the Pregnancy Disability Leave Law

February 25, 2013 by Mark H. Wagner

In Sanchez v. Swissport, Inc., the Appellate Court held that even if an employee exhausts all of the permissible leave under the Pregnancy Disability Leave Law (“PDLL”), they can still file a claim under the Fair Employment and Housing Act (“FEHA”). The plaintiff sued her employer alleging that she was wrongfully terminated because she could not return to work after taking off the maximum leave under the CFRA and PDLL. The trial court held it was not illegal and dismissed the case. The Appellate Court held that the trial court erred in dismissing the case. It stated that the plain language of the PDLL makes clear that its remedies augment, rather than supplant, those set forth elsewhere in the FEHA. As such, the allegations were sufficient to make a case for discrimination and the dismissal was improper.

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