What Is Pregnancy Discrimination?

Pregnancy discrimination in the workplace is a serious issue that affects many employees. Understanding what constitutes pregnancy discrimination and knowing your rights is crucial for expecting and new parents. This guide will help you recognize pregnancy discrimination and explain the legal protections available in California.

Pregnancy discrimination occurs when an employee or job applicant is treated unfavorably because of pregnancy, childbirth, or a related medical condition. This can include various forms of adverse treatment, such as hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

Legal Protections Against Pregnancy Discrimination

Federal Protections

1. The Pregnancy Discrimination Act (PDA):

   • The PDA, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnancy and related conditions the same as any other temporary disability.

2. The Family and Medical Leave Act (FMLA):

   • The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn or for a serious health condition related to pregnancy or childbirth.

California State Protections

1. The California Fair Employment and Housing Act (FEHA):

   • The FEHA provides broader protections than federal law, prohibiting discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with five or more employees.

2. The California Pregnancy Disability Leave Law (PDLL):

   • The PDLL allows employees to take up to four months of leave for pregnancy-related disabilities. This leave is in addition to any leave provided under the FMLA.

3. The California Family Rights Act (CFRA):

   • The CFRA allows employees to take up to 12 weeks of leave for the birth of a child or for a serious health condition related to pregnancy or childbirth. This leave can be taken in addition to PDLL leave.

Examples of Pregnancy Discrimination

Pregnancy discrimination can take many forms, including but not limited to:

• Hiring and Firing:

  • Refusing to hire a qualified applicant because she is pregnant.

  • Firing or demoting an employee because of her pregnancy or related medical condition.

• Job Assignments and Promotions:

  • Denying a pregnant employee a promotion or a desired job assignment.

  • Assigning a pregnant employee to less desirable tasks or reducing her hours.

• Pay and Benefits:

  • Paying a pregnant employee less than her colleagues for the same work.

  • Denying pregnancy-related benefits or accommodations that are provided to other employees with temporary disabilities.

• Harassment:

  • Making offensive comments or jokes about an employee’s pregnancy.

  • Creating a hostile work environment that forces a pregnant employee to quit.

Steps to Take If You Experience Pregnancy Discrimination

If you believe you are experiencing pregnancy discrimination, take the following steps to protect your rights:

1. Document the Discrimination:

   • Keep detailed records of discriminatory incidents, including dates, times, locations, and individuals involved. Save any relevant emails, messages, or other communications.

2. Report the Discrimination:

   • Report the behavior to your Human Resources department or a supervisor. Follow your company’s procedures for addressing workplace discrimination.

3. Seek Support:

   • Talk to trusted colleagues, friends, or family members about what you are experiencing. Consider seeking support from a counselor or therapist.

4. File a Complaint:

   • If your employer does not address the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

5. Consult an Attorney:

   • Consult with an experienced employment law attorney to understand your rights and explore your legal options. An attorney can help you navigate the process and take appropriate legal action if necessary.

Pregnancy discrimination is illegal and can have severe impacts on an employee’s career and well-being. Understanding your rights and taking action to address discrimination is essential. If you need assistance, contact FairWork Legal Group for expert legal advice and support.

If you need help with a pregnancy discrimination claim or have questions about your rights, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting employees from discrimination and ensuring justice in the workplace.