Pregnancy Discrimination
Pregnancy discrimination occurs when an employee is treated unfairly due to pregnancy, childbirth, or related medical conditions.
In California, multiple laws protect workers from such discrimination and require employers to provide reasonable accommodations, job protections, and leave benefits.
Legal Protections
Several laws safeguard pregnant workers in California:
- Fair Employment and Housing Act (FEHA): Prohibits discrimination based on pregnancy, childbirth, or related conditions. Applies to employers with five or more employees.
- Pregnancy Disability Leave Law (PDLL): Requires up to four months of job-protected leave for pregnancy-related disabilities.
- California Family Rights Act (CFRA): Provides up to 12 weeks of leave for baby bonding after childbirth, available to eligible employees.
- Federal Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy for employers with 15 or more employees.
Together, these laws ensure pregnant employees are not penalized for their condition and have time to recover and care for their newborns.
Case Results
Examples of Pregnancy Discrimination
after pregnancy disclosure
such as light duty or modified schedules
prenatal care or pregnancy complications
the same or similar position after leave
requesting accommodations or time off
Employers cannot assume a pregnant employee is unable to work or impose restrictions not based on medical advice.
Reasonable Accommodations
Employers must provide reasonable accommodations for pregnancy-related conditions upon request. This may include:
- More frequent breaks
- Modified duties
- Temporary transfer to a less strenuous position
- Remote work or schedule adjustments
The employer must engage in a good-faith interactive process to determine an appropriate solution.
Leave Rights
Under the PDLL, employees may take up to four months of unpaid, job-protected leave per pregnancy. After recovery, they may also take additional leave under CFRA for baby bonding. These leaves can be taken consecutively, allowing for extended time off in some cases.
Employees may also qualify for Paid Family Leave (PFL) or State Disability Insurance (SDI) benefits through California’s Employment Development Department (EDD).
Filing a Complaint
Employees must file a claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) to begin the legal process. A claim should typically be filed within one year of the discriminatory act.
Remedies
If pregnancy discrimination is proven, the employee may recover: