California Pregnancy Discrimination Laws 2024 – What are Your Rights?

Pregnancy discrimination is not only emotionally harmful to workers, it is unlawful. No employer can discriminate against a job applicant or current worker based on their pregnancy status. Some types of violations are obvious, while others are subtle. Anyone who believes their rights may have been violated should brush up on California pregnancy discrimination laws. Knowing your rights could help you receive compensation by hiring a pregnancy discrimination lawyer.

Legal Protections for Pregnant Women in California

It is illegal for employers to discriminate based on sex or other protected traits. Unfortunately, pregnant employees are often seen as financial liabilities due to the inevitable need for childbirth and parental leave.

Employees enjoy state and federal protections against discrimination in California. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy. Under state law, employers are required to provide reasonable accommodations to pregnant employees.

Under California’s Pregnancy Disability Leave Law, eligible employees can take up to four months of unpaid leave for pregnancy-related disabilities, plus another 12 weeks of CFRA/FMLA leave.  Employers with five or more employees must provide PDL.

Employers are responsible for providing healthcare coverage as part of their employees’ benefits packages. Any form of discrimination committed against someone who is pregnant is unlawful. Women cannot be fired or demoted due to their pregnancy status.

When they return to work, they cannot be denied career-advancing promotions or other benefits due to their past or potential future pregnancies.

Common Examples of Pregnancy Discrimination

Pregnancy discrimination takes many forms. Sometimes, the acts are maliciously overt, while other times, they may be more subtle. No matter what form it takes, the acts are unlawful.

• Job denial or termination: Anytime a person is denied a promotion or job due to their pregnancy status, those acts constitute violations of state and federal laws. Employers are often careful not to communicate that the decision is related to pregnancy, but circumstantial evidence and patterns of behavior can be used as the basis for administrative actions or direct legal action.
• Denial of accommodations: There are many situations where pregnant employees require reasonable accommodations. Pregnancy can take a toll on the body, and more frequent breaks, temporary modification of duties, and other requests are needed. If the employer refuses, that could place the pregnant woman in uncomfortable and potentially unsafe working conditions.
• Reduced work hours: Pregnancy discrimination can also occur when a pregnant woman is unfairly assigned fewer hours or less important tasks based solely on her pregnancy status.
• Termination for needing time off.

How to Protect Your Rights if You Are Pregnant

If you are pregnant, you obviously have a lot of important matters occupying your time. Taking legal action against your employer may not be an ideal option. By hiring an attorney, you can lessen the burdens and challenges you are facing.

An attorney can act on your behalf, taking your complaints directly to your employer and filing administrative actions that can reverse the harmful acts committed against you. While you focus on your personal and medical needs, your employment attorney can keep you updated on your complaint.

Administrative complaints often result in monetary compensation and other forms of relief that can undo the professional harm you suffered. In cases where administrative actions cannot provide the relief you are entitled to, your lawyer can explore the possibility of taking direct legal action against the at-fault party.

Even when there are strong state and federal protections in place for pregnant women, it often takes the help of an experienced employment law attorney to hold the at-fault parties accountable for their misconduct.

FAQs

What Is the California Pregnancy Discrimination Act?

The California Pregnancy Discrimination Act is part of the state’s Fair Employment and Housing Act (FEHA). The law ensures pregnant employees are not discriminated against while at work.

Under the Act, employers cannot discriminate against employees or job applicants based on pregnancy, childbirth, or related medical conditions. Employers must provide healthcare benefits for employees who take unpaid leave under the Act.

What Is an Example of Pregnancy Discrimination?

One example of pregnancy discrimination would be if a job applicant goes to an in-person job interview and notices that the interviewer is surprised to see that they are pregnant. When the applicant doesn’t get the job, they follow up with the company only to be told that they weren’t the right fit for the team because of the time commitment involved.

If there was nothing about the applicant’s resume that suggested they had trouble making a commitment, it may be reasonable to suspect pregnancy discrimination.

What Is the New Law in California for Pregnant Mothers?

The updated law in California for pregnant mothers is the California Family Rights Act (CFRA) expansion. The Act broadens the eligibility for parents seeking maternity leave.

Companies with five or more workers must extend the benefits of the CFRA to all workers. Eligible employees may take up to 12 weeks of unpaid leave. They must be allowed back to their job position after that time period if they wish to return.

What Is the Policy Against Pregnancy Discrimination in California?

State and federal laws prohibit employers from discriminating against job applicants and employees who are pregnant. If a pregnant or recently pregnant worker faces retaliation, discrimination, or termination due to their pregnancy status, they can hire an attorney to file administrative action against the employer.

Can Any Attorney Represent Employees?

Employment law is a specific type of civil law that requires a deep understanding of state and federal employment laws. If you have experienced workplace discrimination, you need the services of an attorney who understands employment and personal injury law. Beyond that, consider working with an attorney who has represented clients who faced similar ordeals as yours.

Schedule Your Pregnancy Discrimination Consultation Today

Pregnancy discrimination in any form is unacceptable and unlawful. If you were the victim of workplace discrimination, you can rely on the legal services of Shirazi Law Firm, PC, to protect your rights. We have helped many workers receive compensation after their rights were violated.

To schedule a free, confidential consultation with an experienced California pregnancy discrimination attorney, please contact our office today.