Pregnancy Discrimination In California

Updated: Nov 11, 2020

What you need to do if you've experienced pregnancy discrimination in the workplace


Discrimination against pregnancy includes treating a woman (an applicant or employee ) unfavorably because of pregnancy, childbirth, pregnancy, or childbirth-related medical condition.



Pregnancy Discrimination in The Workplace


The Pregnancy Discrimination Act (PDA) prohibits pregnancy-based discrimination in any area of jobs, including recruitment, dismissal, compensation, job assignments, promotions, layoffs, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.


Discrimination Against Pregnancy & Temporary Disability


Suppose an employee in California is temporarily unable to do her job because of pregnancy or childbirth-related medical conditions. In that case, the employer must treat her in the same manner that any other temporarily disabled employee is treated. For instance, if it does so for other temporarily disabled workers, the employer can offer light duty, alternate assignments, FMLA leave, or unpaid leave to pregnant employees.


In addition, under the Americans with Disabilities Act (ADA), impairments arising from pregnancy (for example, gestational diabetes or preeclampsia, a disorder marked by pregnancy-induced hypertension and protein in the urine) can be impairments.


An employer will have to provide appropriate accommodation for a pregnancy-related disability, lack of undue hardship (significant difficulty or expense) (such as leave or adjustments that allow an employee to perform her job). The 2008 ADA Amendments Act makes demonstrating that a medical disorder is a protected disability much simpler.


Discrimination & Abuse During Pregnancy


Harassing an employee because of pregnancy, childbirth, or a medical condition connected with pregnancy or childbirth is unlawful. Harassment is unlawful when it is so regular or serious that it produces a hostile atmosphere or abusive work or when it leads to an adverse decision on jobs (such as the victim being fired or degraded). The harasser may be the boss of the victim, a boss in another field, a co-worker, or someone who, such as a client or customer, is not an employee of the employer.



Maternity, Parenting & Parental Leave


Under the PDA, an employer who requires workers with temporary disabilities to take disability leave or leave without pay must allow the same to be done by an employee who is temporarily disabled due to pregnancy.


For special procedures to assess an employee's ability to operate, an employer does not define pregnancy-related conditions. However, if an employer needs its workers to provide a doctor's report about their ability to perform normal job duties before granting leave or paying sick benefits, the employer can request such statements to be submitted by employees affected by pregnancy-related conditions.


In addition, a new parent (including foster and adoptive parents) may be entitled to 12 weeks of leave (unpaid or paid whether the employee has received or accrued it) that may be used for the treatment of the new child under the Family and Medical Leave Act (FMLA) of 1993. The pregnant employee must have been working for the same employer for 12 months before taking leave in order to be qualified, and the employer must have a defined number of workers.


Pregnancy & Workplace Laws


The Family & Medical Leave Act (FMLA) also states that mothers will also have the right to nurse their babies in the workplace. The wage & hour Division of the Dep. of Labor is in charge of reviewing pregnancy discrimination reports.


How To Report Pregnancy Discrimination In The Workplace


In order to put together a strong case against your employer, you must immediately consult with a California employment lawyer experienced with pregnancy discrimination labor laws. You can get a lawyer referral by submitting your case details here and you'll get an answer within 5 minutes. You can also request to speak to a lawyer by calling the employee rights 24 hour hotline 1-661-310-7999


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