Question about independent contractors and discrimination laws in california

Question

my best friend is/was a piercer at a tattoo shop in sacramento, she's also about 6 months pregnant. today the owner of the shop pulled her into his office and stated that she was being terminated because he doesn't feel she is juggling the pregnancy with work appropriately. basically like he doesn't feel she is able to work there and be pregnant at the same time.

i know that if she were an employee that he could not do that, and i'm surprised that he even had the nerve to put it in those words. but being that she's an independent contractor, can he fire her for being pregnant? and what should she do now that he has?

Answer 1

First, I would question whether she is really an independent contractor.  See the IRS link for that issue.  

Then I would tell you that pregnancy is a status that is very well-protected in California, both under mandatory leave laws and under discrimination laws. But you will gain more traction if you show that she is an employee, so start with the independent contractor question; companies often classify people incorrectly that should be employees.  

To pursue your claim, there is FMLA (under the DOL) and the title VII discrimination laws under the EEOC at the federal level and the pregnancy discrimination and leave laws administered by the DFEH (Department of Fair Employment and Housing).  You can make a complaint by yourself or with the help of an attorney.