What You Need to Know About Pregnancy Discrimination in California
While federal laws ensure pregnancy-related employment rights, California laws also provide legal protections against pregnancy-based discrimination and harassment. Here’s what you need to know about pregnancy discrimination in California.
Pregnancy discrimination in the workplace involves an adverse job action taken against an employee based on their pregnancy, childbirth, or pregnancy-related condition. Some examples include termination, demotion, denial of employment, denial of accommodations, restriction of pregnancy leave, and workplace retaliation.
Pregnancy Discrimination Statistics
Pregnancy discrimination remains a prominent issue across various professions and regions throughout the United States. Based on analysis of data from the Equal Employment Opportunity Commission (EEOC), pregnancy discrimination charges (filed with the EEOC and state Fair Employment Practice Agencies) increased by almost 50% from 1997 to 2011. While pregnancy discrimination charges filed on the federal level have decreased since then, further research maintains pregnancy discrimination as a forefront issue in the workplace. Research conducted by Childbirth Connection, a program of the National Partnership for Women & Families, found that approximately 250,000 pregnant employees are denied accommodations in the workplace each year.
It is important to note that pregnancy discrimination disproportionately affects BIPOC women and low-wage workers. Research conducted by the National Partnership for Women & Families found that Black women filed nearly 3 in 10 (28.6%) pregnancy discrimination charges with the EEOC. This is particularly concerning considering that Black women account for 14.3% of the female labor force. Moreover, a report by the National Women’s Law Center found that pregnant employees in low-wage and nontraditional jobs typically do not receive accommodations due to the physically demanding and inflexible nature of their occupations.
While these statistics are concerning, they do not portray the whole picture of pregnancy discrimination. Many pregnant employees may choose to avoid asking for accommodations, or even not report pregnancy-related discrimination, out of fear of retaliation. As pregnancy discrimination continues to be a problem in the workplace, it is important that pregnant employees understand their legal rights and protections.
California Laws Against Pregnancy Discrimination
California laws protect pregnant employees from discrimination and harassment based on an employee’s pregnancy, childbirth, or any pregnancy-related condition. Pregnancy discrimination often takes on the form of an employer denying a pregnant employee’s pregnancy-related employment rights.
Related: Pregnant Employee Rights in California
California Fair Employment & Housing Act
Under the California Fair Employment & Housing Act (FEHA), it is illegal for employers to discriminate against an employee based on his or her sex. EmployersIn terms of pregnant employees, employers cannot take action against an employee based on their pregnancy or ability to become pregnant in the future. Furthermore, reasonable accommodations must be provided to pregnant employees suffering from pregnancy-related ailments. Accommodations may include but are not limited to providing a stool or chair for comfort, modifying work duties, or allowing more frequent breaks, etc. An employer must work with a pregnant employee to find and provide reasonable accommodations.
Pregnancy Disability Leave
California employers who handle 5 or more employees are required to permit Pregnancy Disability Leaves (PDL). PDLs are up to four months of leave for pregnant employees who are considered temporarily disabled from pregnancy-related conditions. An employer cannot refuse to reinstate a pregnant employee after a PDL. Employers must provide a written guarantee of the pregnant employee’s ability to return to the same position they held prior to the PDL. However, a pregnant employee is not protected from job termination for reasons beyond their pregnancy, such as mass layoffs.
California Family Rights Act
Another California law that covers a pregnant employee’s right to a pregnancy-related leave is the California Family Rights Act (CFRA). Eligible pregnant employees may receive a total of 12 weeks of paid or unpaid job-protected leave. During the leave, pregnant employees maintain the same health benefits provided to them while working.
Filing Pregnancy Discrimination Claims in California
If a pregnant employee believes they have been discriminated against in the workplace, they should consider filing a pregnancy discrimination claim with the state administrative agency, the California Department of Fair Employment and Housing (DFEH), and/or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC).
Related: How to File a Pregnancy Discrimination Lawsuit in California
FAQs about Pregnancy Discrimination in California
What are some other significant-employment related actions that pregnant employees are protected from?
Aside from the aforementioned examples of pregnancy discrimination, an employer cannot make the following adverse job actions based on an employee’s pregnancy:
- Cutting or reducing hours of the pregnant employee
- Refusing to promote a pregnant employee
- Assigning an employee to a lower-level or lower-paying job after a pregnancy-related leave
- Refusing to assign tasks that the pregnant employee is capable of performing
Do disability protections apply to pregnant employees?
While pregnancy itself is not considered a disability, pregnant employees may face impairments related to pregnancy that are covered under the federal Americans with Disabilities Act (ADA). The ADA ensures that employers provide reasonable accommodations to pregnant employees dealing with pregnancy-related conditions.
What are the requirements to be eligible for a California Family Rights Act (CFRA) leave?
Effective January 1, 2021, the following requirements must be met in order to qualify for a CFRA leave:
- The employee has worked for the employer for at least 12 months
- The employee has worked at least 1,250 hours for the employer in the last 12 months
- The employer has 5 or more employees
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If you or a loved one has experienced pregnancy discrimination in California, get your free consultation with one of our California Pregnancy Discrimination Attorneys! We won’t charge you a dime unless you win your case!