Pregnancy Discrimination in California: What Are Your Options?
January 14, 2025Pregnancy is a significant life event, but for many women, it can come with challenges in the workplace. Despite legal protections, pregnancy discrimination remains a pervasive issue in California. Employers may deny accommodations, pass over pregnant employees for promotions, or even terminate them unlawfully. At Abramson Labor Group, we believe no one should have to choose between their career and starting or growing their family.
This guide will explain what constitutes pregnancy discrimination, your rights as a pregnant employee, and the legal remedies available to you in California.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfairly because of pregnancy, childbirth, or related medical conditions. It may manifest as:
- Denying a job applicant because they are pregnant.
- Refusing reasonable accommodations for pregnancy-related needs.
- Retaliating against an employee for taking pregnancy or parental leave.
- Demoting, terminating, or otherwise penalizing employees due to pregnancy or childbirth.
Under California and federal law, pregnancy is treated as a temporary disability, and employers are required to provide accommodations and protections similar to those for other disabilities.
Legal Protections Against Pregnancy Discrimination
Pregnant employees in California are protected under several state and federal laws:
1. California Fair Employment and Housing Act (FEHA)
FEHA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It also requires employers to provide reasonable accommodations for pregnant employees.
2. Pregnancy Disability Leave Law (PDLL)
Under PDLL, employees in California can take up to four months of unpaid, job-protected leave for pregnancy-related disabilities.
3. Federal Pregnancy Discrimination Act (PDA)
The PDA prohibits discrimination based on pregnancy, childbirth, or related conditions. It applies to employers with 15 or more employees.
4. California Family Rights Act (CFRA)
CFRA provides up to 12 weeks of unpaid, job-protected leave for bonding with a new child or caring for a pregnancy-related condition.
5. Americans with Disabilities Act (ADA)
The ADA may apply to pregnancy-related conditions that qualify as temporary disabilities, requiring employers to provide reasonable accommodations.
Examples of Pregnancy Discrimination
Pregnancy discrimination can take many forms, including:
- Job Refusal: Declining to hire a qualified candidate because they are pregnant.
- Accommodation Denial: Refusing to adjust work duties or schedules for pregnancy-related medical needs.
- Retaliation: Reducing hours, reassigning duties, or firing an employee after they request leave or accommodations.
- Hostile Work Environment: Subjecting pregnant employees to offensive comments, jokes, or harassment.
Steps to Take if You Experience Pregnancy Discrimination
1. Document the Discrimination
Keep detailed records of discriminatory actions, including:
- Dates, times, and descriptions of incidents.
- Names of individuals involved.
- Any communications, such as emails or performance reviews, that support your case.
2. Request Accommodations in Writing
If you need accommodations, make your request in writing and keep a copy. Employers are required to engage in an interactive process to determine reasonable solutions.
3. File a Complaint with HR
Report the discrimination to your employer’s human resources department. Document all communications.
4. Contact an Employment Attorney
If your employer fails to address the issue or retaliates against you, consult with an experienced employment attorney. At Abramson Labor Group, we can help you understand your options and pursue legal remedies.