California has some of the strongest worker protections in the United States, particularly when it comes to pregnancy discrimination. Yet, countless employees face discrimination and unfair treatment due to their pregnancy or related medical conditions every year. If you're also a pregnant worker, knowing your rights is crucial in protecting yourself and ensuring you are treated fairly under the law.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a related medical condition. Examples of such discrimination include:
- Denying a pregnant employee reasonable accommodations for her condition.
- Refusing to hire or promote someone because of their pregnancy.
- Reassigning or firing an employee because they’re pregnant.
- Retaliating against an employee who takes pregnancy or parental leave.
Under both California and federal law, pregnancy-related discrimination is unlawful, and employers have a legal obligation to provide fair treatment to pregnant employees.
Your Rights as a Pregnant Employee in California
California’s laws go above and beyond federal protections to ensure pregnant employees can work and maintain their livelihood without discrimination. Here are your key rights under California law:
1. Protection Under the California Fair Employment and Housing Act (FEHA)
FEHA prohibits employers from discriminating against employees based on pregnancy, childbirth, or related medical conditions. It applies to employers with five or more employees and provides some of the broadest protections in the nation.
2. Pregnancy Disability Leave (PDL)
California law allows pregnant employees to take up to four months of job-protected leave if they are unable to work due to pregnancy, childbirth, or related medical conditions. This includes time off for severe morning sickness, prenatal care, postpartum recovery, and other pregnancy-related issues.
You’re also entitled to request reasonable accommodations, such as modified duties or additional breaks, to continue working while pregnant.
3. California Family Rights Act (CFRA)
The CFRA allows employees to take up to 12 weeks of job-protected leave for bonding with a new child, whether biological, foster, or adopted. This leave can be taken in addition to Pregnancy Disability Leave, providing pregnant employees with significant time to recover and bond with their new child.
4. Reasonable Accommodations
Employers are required to provide reasonable accommodations to pregnant employees. This may include:
- Adjusting work duties.
- Allowing a more flexible schedule.
- Providing more frequent breaks.
- Transferring the employee to a less strenuous position temporarily.
These accommodations must be made unless the employer can prove they create an undue hardship.
5. Lactation Accommodation
Following childbirth, employers are required to provide a private, non-bathroom space and reasonable break time for employees to express breast milk. This law ensures new mothers can access the support they need while returning to work.
6. Protection from Retaliation
It is illegal for employers to retaliate against employees who take pregnancy leave, request accommodations, or file complaints. Examples of retaliation include termination, demotion, or other negative employment actions.
What to Do If You Experience Pregnancy Discrimination
If you believe your rights as a pregnant employee have been violated, it’s crucial to take action promptly. Follow these steps to protect yourself:
- Document Everything - Keep records of discriminatory actions, including emails, conversations, and written communications. Note down dates, times, and details of incidents you believe demonstrate discrimination or retaliation.
- File a Complaint with Your Employer - Follow your company's procedure for reporting discrimination. This puts your employer on notice and can help address the issue internally.
- File a Complaint with the California Civil Rights Department (CRD) - Formerly known as the Department of Fair Employment and Housing (DFEH), the CRD handles discrimination claims. You must file a complaint with them before pursuing legal action.
- Consult an Experienced Employment Lawyer - Navigating pregnancy discrimination claims can be complex. An experienced California employment attorney can review your case, advise you on your rights, and help hold your employer accountable.
Protect Your Rights as an Employee Today
Pregnancy should be a time of joy and preparation—not fear of workplace discrimination. If your employer is violating your rights, you can trust us to fight with you. At Polaris Law Group, we understand the challenges pregnant employees face in California. Our team has extensive experience fighting for employee rights and holding employers accountable for unlawful treatment. We take the time to listen to your story and provide personalized guidance tailored to your needs.
Contact us today at (888) 796-4010 to schedule your consultation with our experienced employment attorney. Together, we’ll fight to secure the justice and fair treatment you deserve.