Here Are Child Abuse Laws in California

If you’re a parent, you have most likely wondered at some point or another the things that exactly constitutes child abuse. Knowing the kinds of physical contact are acceptable could be very difficult to determine. It used to be that the parent who felt that their child needed a beating with a belt was not thought of any differently than a parent who felt beating their child was wrong. Physical punishment was actually widely accepted as an effective method of parenting.

In the present day, things are extremely different. Depending upon detailed circumstances, the smallest of physical contact could result in a criminal charge for committing child abuse. Different areas of the US have different laws governing physical contact between a parent and a child with penalties and definitions of abuse varying wildly.

The laws in California pertaining to physical child abuse are somewhat average when compared to laws throughout the United States. People facing criminal charges for committing child abuse are encouraged to contact our domestic violence defense law firm for a  free consultation. There are some instances in which parents are falsely accused.

Different Types of Child Abuse

What is considered child abuse could range from emotional, physical, sexual and neglect. There are different ways in a which a person could abuse a child. While some experts may say that emotional child abuse is as damaging if not more than physical abuse, there is no question that all different types of abuse could negatively affect a child throughout their lifetime.

The following are the types of child abuse are:

Emotional Abuse: When a parent consistently shames or humiliates a child in any way it can be considered emotional child abuse.

Child Neglect: If a parent constantly fails to fulfill their child’s basic needs, this will be considered child neglect.

Sexual Abuse: If a parent or another adult engages in physical contact with a kid’s genitals or coerces a child into creating contact with their own genitals, they are then committing sexual abuse upon a child.

Physical Child Abuse: A parent who physically hurts or injures a child on purpose they are considered physically abusive. The gray area is whether or not the parent was intentionally trying to discipline their child. If the purpose of the harm was to discipline, there are still instances in which discipline could go too far. In these cases, perpetrators could be charged and convicted for committing physical child abuse.

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Specific actions that can result in child abuse charges are making purposeful physical contact with a child that leaves a mark, getting involved in a physical fight with your child resulting in marks and bruises, and using a belt or another object to beat the child.

Do you have a question about child abuse laws in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

 

Workplace Pregnancy Protection Laws in California

California law brings significant protection for pregnant employees.  In addition to prohibiting discrimination or harassment in regards to pregnancy status, the law California requires an employer to allow an employee disabled by childbirth, pregnancy or related medical conditions to take a leave of absence and to maintain her health insurance during the pregnancy leave.  It also mandates the employer to provide other forms of reasonable accommodation as necessary. The requirements to the pregnancy discrimination regulations that took effect seven years ago expanded the protections in several regards, including an expanded definition of the conditions that might render a woman disabled by pregnancy and the extension of protections to employees perceived as pregnant or disabled by pregnancy even if she is not actually pregnant.

The depth of protection for pregnant employees under the California law presents a challenge for companies and creates a number of varied issues and legal claims.  But one aspect of these laws that causes or contributes to some of the issues related to pregnancy we see has to do with a fundamental aspect of the laws that does not get a lot of discussion:  To stay compliant with the laws and avoid claims for pregnancy discrimination, an employer needs to have common sense.

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If a pregnant woman is unable to perform the essential functions of her job, the employer is mandated to treat her as a temporarily disabled employee. This means that the employer must make the same accommodations as it would for an employee who cannot perform some or all of his or her job functions due to a temporary disability. This might include changing some of the job functions, having the pregnant employee do alternative functions or offering the employee paid or unpaid leave.

Employers aren’t required to give pregnant employees preferential treatment. Their duty is to treat them equal to other employees and not to discriminate against them in any employment decisions because of the pregnancy. Employers are allowed to terminate pregnant employees for excessive absences from work, even if those absences were caused by reasons related to pregnancy.

California law requires that an employer does not act on those assumptions but to instead handle each situation as unique and not one in which the employer’s history might repeat itself. To many businesses and managers not as familiar with California law, making decisions that ignore experiences in the past and common sense may seem bad for business. But in dealing with issues related to pregnant employees, employers need to in some extent ignore what has happened in the past with pregnant employees and resist making decisions based on what it expects to happen no matter how likely the outcome will be predicted. A busy manager concerned about staffing and meeting the needs of the company might understandably find it hard to do so.  But even an absence of any hostility toward the pregnant employee and a singular focus on preparing for the very real possibility that the pregnancy and the employee’s plans after pregnancy will adversely affect business will not necessarily protect the employer. When dealing with pregnancy topics in the workplace, good intentions and reliance on past experience might not provide a defense.

Do you have a question about pregnancy laws in the workplace in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration