Pregnancy discrimination is illegal in California, and employees are protected by both state and federal laws. While federal law, including the Pregnancy Discrimination Act (PDA), provides a baseline level of protection, California offers additional protections through the Fair Employment and Housing Act (FEHA) and the California Pregnancy Disability Leave (PDL). These laws are designed to protect employees from discrimination and ensure they receive the necessary support and accommodations during pregnancy.
What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats a pregnant employee unfavorably due to their pregnancy, childbirth, or related medical conditions. This can include actions such as refusing to hire or promote, demoting, or terminating an employee due to pregnancy. Under California law, it is illegal to discriminate against an employee for being pregnant or having pregnancy-related medical needs.
Protections Under FEHA
FEHA protects employees in California against discrimination, harassment, and retaliation due to pregnancy, childbirth, or related medical conditions. FEHA applies to employers with five or more employees, including both full-time and part-time workers. Under FEHA, pregnant employees are entitled to reasonable accommodations, such as modified work duties or a more flexible work schedule, if necessary. Employers must also engage in an “interactive process” to determine the appropriate accommodations for a pregnant employee’s needs.
Pregnancy Disability Leave (PDL)
California’s Pregnancy Disability Leave (PDL) provides additional protections for pregnant employees. PDL entitles employees to up to four months of leave for pregnancy-related disabilities. Employees are eligible for PDL regardless of how long they have worked for their employer, and it applies to all employers with five or more employees.
Under PDL, employees can take time off for conditions such as severe morning sickness, doctor-ordered bed rest, childbirth recovery, and other pregnancy-related health issues. During PDL, employees have the right to return to the same or a comparable position upon their return to work. Additionally, PDL can be taken intermittently, allowing employees to take time off as needed for medical appointments or other related reasons.
Reasonable Accommodations
California law also requires that employers provide reasonable accommodations for employees affected by pregnancy, childbirth, or related conditions. Accommodations may include:
- Modifying work duties to reduce physical strain
- Offering additional breaks or a modified work schedule
- Providing access to seating or other physical support
Employers are required to make these accommodations unless it would impose an undue hardship on the business.
Protections Against Retaliation
Employees in California are protected from retaliation for exercising their rights to pregnancy accommodations or leave. Retaliation includes actions such as demotion, pay cuts, or other negative employment actions in response to an employee’s use of PDL or accommodation requests. Retaliation is illegal and can lead to further legal consequences for employers.
Know Your Rights
If you believe you’ve experienced pregnancy discrimination, it’s essential to understand your rights and take action. You may file a complaint with California’s Civil Rights Department (CRD) or pursue legal action if necessary. Consulting with an experienced employment attorney can help you navigate the process and protect your rights.
The experienced employment lawyers at Rothschild & Alwill, APC can advise you on how to prevent and/or handle a potential discrimination or harassment claim involving pregnancy discrimination. Email us or call our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.