Pregnancy Discrimination

Two-income families are more and more common, and working mothers comprise about one-third of the female workforce  in the United States. However, pregnant people still experience discrimination in the workforce. They are fired unjustly, deprived of roles they are qualified for, and miss out on opportunities they earned.

No parent-to-be should have to sacrifice their career, insurance, and livelihood for their family, and when pregnant people are mistreated in the workplace, everyone loses.

If you believe you have been untreated unfairly because you are pregnant, planning to become pregnant, or have ongoing medical conditions related to pregnancy or childbirth, know the law is on your side. California protects workers against pregnancy discrimination. Here’s what you need to know.

What does pregnancy discrimination in the workplace look like?

Pregnancy discrimination in the workplace can manifest in several different ways. Some common examples include the following:

• An employer refuses to hire you because of a condition related to pregnancy – even though you are able and qualified to perform the core duties of the role.
  
  
• An employer doesn’t consider you for a position because of their prejudices against pregnant people or the presumed prejudices of other employees or customers.
  
  
• You do not receive equal pay, benefits, or access to desirable assignments, training, promotions, and other career-boosting opportunities because you are pregnant.
  
  
• Your employer forces you to take leave until your baby is born.
  
  
• Your employer forces you to return to work after a set period after your baby is born.
  
  
• Your employer fails to hold your job during your pregnancy-related absence for the same period that positions are held for employees on other types of leave, such as sick or disability leave.

If your specific situation is not outlined above, you could still be experiencing discrimination. The first step is raising your concern with your employer – sometimes, it’s a matter of genuine misunderstanding. If they do not change their behavior, contact us immediately. We can assess the facts of your case and ensure you achieve a just outcome.

Are pregnant people protected against workplace discrimination?

Yes. Pregnant people are protected against discriminatory behavior in the workplace under both federal and state laws.

Federal laws protecting against pregnancy discrimination

The Pregnancy Discrimination Act (PDA) is a law that forbids employers from mistreating people because they are pregnant or living with a pregnancy- or childbirth-related condition, such as gestational diabetes.

In addition, employers must give pregnant employees equal access to the accommodations available to temporarily disabled employees and employees on leave because of a health condition. That might mean assigning a pregnant person lighter duties, alternative tasks, disability leave, a modified work environment, or leave without pay.

Alongside the PDA, pregnant people’s workplace rights are upheld by the Americans with Disabilities Act  (ADA). The ADA also obliges employers to give pregnant people access to reasonable accommodations.

Finally, the Family and Medical Leave Act (FMLA) outlines the rights of parents-to-be to leave. Parents may be eligible for three months’ leave. In most cases, this leave is unpaid. However, if you have earned enough paid leave, your employer is required to grant your paid leave request.

Keep in mind, however, that the FMLA doesn’t apply to all employees. Do your research and know what you are entitled to during and post-pregnancy.

California state laws protecting against pregnancy discrimination

California has several protections in place that ensure pregnant people and new parents are protected against mistreatment from their employers.

• The California Fair Employment and Housing Act  (FEHA) disallows pregnancy-related discrimination. Unlike the federal equivalent, the PDA, the FEHA requires employers to give pregnant people with medical conditions access to accommodations that enable them to complete their duties comfortably. This applies regardless of whether your specific employer grants the same access to employees with disabilities.

• The California Family Rights Act  (CFRA) ensures employers offer parents-to-be up to four months of unpaid leave. If you are eligible under both the CFRA and federal FMLA, you may be able to take each leave consecutively, totaling up to seven months of leave.
  
  
• California’s temporary disability insurance program  also applies to pregnant people. If you are unable to work during your pregnancy because of a pregnancy-related condition, you may be eligible for up to two-thirds of your regular wages until your child's birth. Following birth, you may receive partial wages for the following six weeks.

My employer violated federal or state laws – how can a pregnancy discrimination lawyer help?

You have legal rights as an employee. Anytime those rights are violated, you deserve justice. A pregnancy discrimination lawyer can help you recover damages and remedy the situation. Depending on the nuances of your circumstances, we may be able to right the wrongs you experienced by achieving one or more of the following outcomes:

• Ensuring your employer back pays wages and benefits you are owed
  
  
• Giving you access to a promotion or job placement you are entitled to but were not given because of your pregnancy
  
  
• Winning compensatory damages that help mitigate any financial loss you experienced as a result of pregnancy discrimination
  
  
• Securing punitive damages that help prevent other people in your workplace from experiencing the discrimination

I am thinking about starting a family – how can I safeguard my rights?

If you are planning to become pregnant, you can take action and precautions now to protect your rights in the future.
Critically, understand what you are entitled to under the law and your employment agreement. Find out what kind of leave you are eligible for and the sort of accommodations you can expect from your employer. You should have access to your employer’s pregnancy leave policy – read this carefully.

You might also like to revisit your job description and ensure it reflects your current duties and responsibilities.
When the time comes, inform your employer that you are pregnant in writing. From there, you can request leave and accommodations if required.

If your employer fails to uphold your rights, give them the benefit of the doubt. In the vast majority of cases, it’s simply a misunderstanding of the law and can be resolved with a friendly conversation. However, if the discriminatory behavior does not stop, contact an experienced pregnancy discrimination attorney.

The law is on your side

If your employer disobeys pregnancy discrimination laws, they must pay up. You deserve to recover any lost wages or benefits, plus compensation for emotional distress and attorney fees. We are here to help you get the resolution you deserve. Contact us today for a confidential consultation.