For expectant parents in California, the joy of pregnancy can sometimes be overshadowed by the fear of discrimination at work. Despite strong legal protections, outdated and harmful misconceptions about pregnant employees still persist in many workplaces.
At Polaris Law Group, we understand that facing bias during such a personal time is frustrating and unfair. You are not alone, and you have rights. Let’s tackle some of the most common myths and show you how to stand up for your career.
Myth 1: Pregnant Employees Can’t Handle a Full Workload
Some employers worry that a pregnant employee will be less productive, frequently absent, or unable to handle the physical or mental demands of their job.
The Reality: The vast majority of pregnant employees are perfectly capable of performing their job duties. Pregnancy is not a disability, and a temporary need for a slight accommodation (like a water bottle, a chair, or more frequent bathroom breaks) does not equate to incompetence.
Your Legal Power: Under the Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act (CFRA), California employees have the right to reasonable accommodations and job-protected leave. If your employer denies you a reasonable accommodation or uses your pregnancy as an excuse to reduce your hours or responsibilities, it is a form of discrimination.
Myth 2: Accommodations Are a Favor, Not a Right
Many employers treat requested accommodations—like temporary modifications to your work schedule or duties—as an inconvenience or a “special favor.”
The Reality: Your employer has a legal duty to engage in a timely, good-faith, and interactive process to provide you with reasonable accommodations related to pregnancy, childbirth, or a related medical condition, unless it would cause an “undue hardship.” This means they must actively work with you to find a solution.
How to Fight Back: All requests for accommodation should be in writing. If your employer refuses, ask them to explain their “undue hardship” argument in writing as well. Keeping a paper trail is your best defense.
Myth 3: It’s Okay to Fire a Pregnant Employee If They ‘Can’t Keep Up’
This misconception often surfaces as an excuse to lay off, demote, or fire a pregnant employee right before or after they take leave.
The Reality: Pregnancy is a protected characteristic. California law explicitly prohibits firing or penalizing an employee because they are pregnant, have a medical condition related to pregnancy, or intend to take pregnancy leave.
Know Your Rights: An employer can only legally terminate you if they have a non-discriminatory reason—a reason that is demonstrably unrelated to your pregnancy. If you were performing well before you announced your pregnancy and were suddenly fired or demoted, it is highly suspect.
Fighting Discrimination: Steps You Can Take
Document Everything: Keep copies of all performance reviews, emails, and notes related to conversations about your pregnancy, accommodations, and job duties.
Make Requests in Writing: Send an email detailing any requests for accommodation or leave.
Find a Pattern: Note any changes in treatment after your employer learned of your pregnancy (e.g., being excluded from meetings, receiving negative reviews for the first time).
If you believe your rights as a pregnant employee have been violated in a California workplace, you need dedicated legal guidance. At Polaris Law Group, we are committed to holding discriminatory employers accountable. If you are facing discrimination or have had your accommodation or leave request unfairly denied, don't wait. We are here to fight for your job security and your peace of mind.
Call us today at (888) 796-4010 for a confidential consultation.