What Constitutes Pregnancy Discrimination in California?
First, pregnant women need to know their rights, so they can enforce the laws that protect them.
What Protection is Provided Under the Federal Pregnancy Discrimination Act?
The federal Pregnancy Discrimination Act makes it unlawful to discriminate against women who are pregnant.
This includes any discriminatory acts during hiring, not promoting, firing, and taking pregnancy and maternity leave.
If a pregnant employee is unable to perform her job because of a pregnancy-related concern, the employer must make reasonable accommodations for her — including modifying tasks or providing alternative assignments — just as they would another disabled employee.
Further protections include:
- Pregnant employees should be permitted to work if they can perform their jobs.
- Afforded leave due to a complication or condition that arises while pregnant, but not be required to remain on leave after it is resolved.
- Keeping the pregnant employee’s job open for the same period they would for those on sick or disability leave.
What Protection is Provided Under the California Fair Housing and Employment Act?
Like the PDA, FEHA states that a California employer may never discriminate, harass, or retaliate against an employee based on pregnancy.
California employers must also provide pregnant women with reasonable accommodations when they have medical restrictions, even when they do not offer the same accommodations to other disabled employees.
Additionally, under certain circumstances, an employer may be required under the Pregnancy Disability Leave Law (PDLL) to transfer an employee with pregnancy, childbirth, or other related conditions to a different job.
PDLL also requires employers to provide pregnant employees with up to four months of leave for a disability due to the employee’s pregnancy, childbirth, or other related medical conditions.
Upon the mother’s return to the workplace, California employers must provide a reasonable amount of break time and use of a room or other location near the employee’s work area to express breast milk in private as outlined in the Labor Code.
If you believe your employer is denying your rights as a pregnant employee or is discriminating against you in any way because of your condition, contact the Leichter Law Firm, APC for help today.
Contact the Leichter Law Firm, APC Employment Lawyer in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.