Pregnancy is an exciting and sometimes challenging time in a woman’s life. For many expecting mothers, balancing the responsibilities of work and preparing for a new baby can be stressful. Unfortunately, some women face additional difficulties when it comes to how they are treated at work during pregnancy. Pregnancy discrimination remains a real problem in California, despite strong laws that aim to protect expecting mothers. In this discussion, we will explore what pregnancy discrimination is, what legal protections are in place for pregnant employees in California, and what women can do if they experience unfair treatment at work while expecting. At, The Myers Law Group, APC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats a worker unfairly because of her pregnancy, childbirth, or a medical condition related to pregnancy. This unfair treatment can take many forms, from firing or demoting a pregnant worker to denying her certain benefits or refusing to provide reasonable accommodations that help her perform her job. It is important to understand that pregnancy discrimination is not only unfair but also against the law in California.
Expecting mothers should be treated the same as any other employee. They have the right to keep their job and continue working if they choose, as long as they are able to perform their job duties. They are also entitled to time off for medical appointments, pregnancy-related conditions, and recovery from childbirth. If an employer fails to follow these rules or treats a pregnant worker differently than other workers, that could be considered pregnancy discrimination.
The California Fair Employment and Housing Act (FEHA)
The primary law that protects workers from pregnancy discrimination in California is the California Fair Employment and Housing Act, commonly known as FEHA. This law applies to employers with five or more employees, which means that most businesses in the state must follow it. Under FEHA, it is illegal for employers to fire, refuse to hire, or discriminate against an employee because of her pregnancy. Employers also cannot retaliate against an employee for asserting her rights under FEHA, such as requesting pregnancy-related accommodations or taking leave for medical reasons.
FEHA requires employers to provide reasonable accommodations for pregnant employees if they need them. This could include modifying job duties, allowing more frequent breaks, or providing a chair to sit on if the employee has a standing job. If an employer refuses to provide reasonable accommodations, this could be a violation of the law.
Pregnancy Disability Leave (PDL)
California also offers additional protection to expecting mothers through Pregnancy Disability Leave, or PDL. This leave is available to workers who are disabled by pregnancy, childbirth, or a related medical condition. The law allows pregnant employees to take up to four months of leave during their pregnancy and recovery period if needed. The amount of time off depends on the employee’s medical condition and how long she is unable to work. Importantly, this leave is available even if the worker has only been with the employer for a short time or works part-time, as long as the employer has five or more employees.
During Pregnancy Disability Leave, employees have the right to return to the same job or a similar position after their leave is over. Employers cannot fire or demote workers for taking this time off, and they must continue to provide health insurance coverage if they were already doing so before the leave began. PDL is a critical protection for expecting mothers who may need time off to care for their health during pregnancy without fear of losing their job.
Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
In addition to Pregnancy Disability Leave, some employees may also be eligible for time off under the Family and Medical Leave Act, or FMLA, and the California Family Rights Act, or CFRA. These laws allow employees to take up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition, including pregnancy and childbirth, or to care for a new child. While FMLA and CFRA provide similar protections, there are some differences in eligibility and coverage.
FMLA applies to employers with 50 or more employees, and employees must have worked for the employer for at least 12 months and for a certain number of hours to qualify. CFRA, on the other hand, applies to employers with five or more employees, making it more accessible to workers in smaller businesses. Under both FMLA and CFRA, employees have the right to return to their job or an equivalent position at the end of their leave.
For pregnant workers, these laws offer additional time off after Pregnancy Disability Leave is exhausted. This is important for mothers who need more time to recover from childbirth or bond with their new baby before returning to work. The combination of PDL, FMLA, and CFRA provides a strong safety net for expecting and new mothers in California.
Reasonable Accommodations for Pregnant Workers
In California, pregnant employees have the right to request reasonable accommodations if they are unable to perform certain job duties due to their pregnancy. These accommodations are meant to help pregnant workers continue to work safely without risking their health or the health of their baby. Accommodations might include changing the worker’s job duties, allowing her to work from home, or providing additional breaks during the workday.
Employers are required to engage in a good-faith discussion with the employee to find a solution that works for both parties. If the accommodation requested is reasonable and does not create an undue hardship for the employer, the employer must provide it. If an employer refuses to accommodate a pregnant worker, that could be considered a violation of the law.
It is also important to note that pregnant workers are not required to take leave unless they choose to do so or are unable to work due to a medical condition. If a pregnant employee wants to continue working with accommodations, the employer must allow it unless there is a valid reason why the accommodation cannot be made.
Protection Against Retaliation
Retaliation occurs when an employer takes negative action against an employee for asserting her legal rights. For example, if a pregnant worker requests accommodations or takes Pregnancy Disability Leave, the employer cannot fire her, demote her, or reduce her hours as a result. If an employer retaliates against a pregnant employee for exercising her rights under the law, the employee may have grounds for a legal claim.
California law strongly protects workers from retaliation, and expecting mothers are no exception. Employers who retaliate against pregnant workers may face legal consequences, including the possibility of having to pay damages to the employee. If a pregnant worker believes she has been retaliated against, she should speak with an attorney to understand her rights and options for pursuing a claim.
What to Do If You Experience Pregnancy Discrimination
If you believe you have been discriminated against because of your pregnancy, it is important to take action as soon as possible. The first step is to document the discriminatory behavior, including any comments or actions by your employer that suggest you are being treated unfairly. Keep records of your work performance, communications with your employer, and any medical documents related to your pregnancy.
It is also important to know that you have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH), the state agency responsible for enforcing anti-discrimination laws. The DFEH can investigate your complaint and take action against your employer if they find that pregnancy discrimination has occurred.
In many cases, it may also be helpful to speak with an attorney who can guide you through the process and help protect your rights. An attorney can advise you on the best course of action and help you gather the evidence you need to build a strong case. Additionally, they can negotiate with your employer on your behalf or represent you in legal proceedings if necessary.
Pregnancy should be a time of excitement and preparation, not a time of stress and worry about your job. California’s laws provide strong protections for expecting mothers, ensuring that they are treated fairly in the workplace and have access to the accommodations and leave they need to stay healthy. If you are experiencing pregnancy discrimination, it is important to take steps to protect your rights and seek help when necessary.
The Myers Law Group, APC understands the challenges that expecting mothers can face in the workplace. Our firm is dedicated to helping employees protect their rights and seek justice when they are treated unfairly. If you have experienced pregnancy discrimination or need assistance understanding your rights, contact us today to discuss your case. We are here to support you and help you navigate the legal process so you can focus on what matters most—your health and your growing family.