Pregnancy Discrimination at Work: Your Rights Under California Law

Pregnancy is an exciting time, but it can also bring challenges and uncertainties in the workplace. Despite legal protections, pregnancy discrimination remains a problem, with many expectant mothers facing adverse treatment from their employers. If you’re a pregnant worker in California, you need to understand your rights and know what to do if you experience discrimination.

The California Fair Employment and Housing Act (FEHA)

California has some of the strongest anti-discrimination laws in the country when it comes to protecting pregnant workers. The primary law is the Fair Employment and Housing Act (FEHA), which applies to employers with five or more employees.

Under FEHA, it is illegal for covered employers to discriminate against you on the basis of pregnancy, childbirth, or related medical conditions. This means your employer cannot:

• Refuse to hire you because you are pregnant
• Fire you, lay you off, or force you to quit because of your pregnancy
• Deny you a promotion or raise, or demote you to a lower position due to pregnancy
• Cut your hours or pay because you are pregnant
• Treat you worse than non-pregnant employees in any term or condition of employment

FEHA’s protections are broad, covering all stages of employment from hiring to firing. The law also prohibits pregnancy-based harassment, such as offensive comments or conduct by supervisors or co-workers that create a hostile work environment.

Reasonable Accommodation Rights

In addition to prohibiting discrimination, FEHA requires employers to provide reasonable accommodations to employees disabled by pregnancy, childbirth, or related medical conditions. A reasonable accommodation is a change to your work duties or environment that allows you to perform your job while maintaining a healthy pregnancy.

Examples of reasonable accommodations for pregnant workers may include:

• More frequent breaks to rest, hydrate, or use the restroom
• Modification of work duties to avoid heavy lifting, prolonged standing, or exposure to hazardous substances
• Temporary transfer to a less strenuous or dangerous position
• Adjusted work schedule or ability to work from home
• Time off for prenatal appointments
• Ergonomic office furniture or equipment

Your employer must engage in a timely, good faith interactive process with you to determine an effective accommodation. They can only deny your accommodation request if it would cause significant difficulty or expense, known as an “undue hardship.” It’s the employer’s burden to prove undue hardship, which is a high standard to meet.

If your employer fails to provide a reasonable accommodation that you need to continue working safely during pregnancy, they may be liable for pregnancy discrimination under FEHA.

Pregnancy Leave Rights

California law provides some of the most generous leave rights to pregnant employees in the nation. Under FEHA, you are entitled to up to four months of job-protected pregnancy disability leave (PDL) if you are actually disabled by pregnancy, childbirth, or a related medical condition. PDL is available regardless of how long you’ve worked for your employer.

You can take PDL intermittently or all at once on an as-needed basis. Your health care provider determines how much PDL you need. During your leave, your employer must continue your health insurance benefits at the same level as if you were actively working.

After your PDL ends, you may be entitled to additional baby bonding leave under the California Family Rights Act (CFRA). CFRA provides up to 12 weeks of unpaid, job-protected leave to bond with a new child within one year of the birth. To be eligible, you must have worked for your employer for at least 12 months and 1,250 hours in the prior year.

When you return from PDL or CFRA leave, you have the right to be reinstated to the same or comparable position, unless your employer can prove your job was eliminated for legitimate business reasons unrelated to your leave.

Enforcing Your Pregnancy Rights

If you believe your employer has discriminated against you because of pregnancy, failed to accommodate your pregnancy-related limitations, or denied you leave rights, you have options to assert your rights and seek accountability.

Here are the key steps to take:

1. Document Everything: Keep detailed records of any discriminatory comments, adverse actions, or refusals to accommodate by your employer. Save emails, texts, performance reviews, and other relevant documents.
2. Notify Your Employer in Writing: Inform your HR department or supervisor in writing that you believe you have experienced pregnancy discrimination or been denied an accommodation/leave. Give them an opportunity to investigate and rectify the situation.
3. File an Administrative Charge: Before you can sue, you must file a charge of discrimination with the California Civil Rights Department (CRD) or U.S. Equal Employment Opportunity Commission (EEOC). These agencies will investigate and may try to settle with your employer.
4. Consider a Demand Letter: Work with an attorney to send a demand letter to your employer detailing the discrimination and your intent to pursue legal action if not resolved. A strongly-worded letter can spur employers to come to the table.
5. Pursue Litigation: If your case doesn’t settle, you may choose to file a lawsuit in court to hold your employer accountable. You can seek damages such as lost wages/benefits, emotional distress, and attorneys’ fees.

No pregnant employee should have to experience discrimination in the workplace. California law gives you powerful tools to fight back and assert your rights. But navigating the complaint process and building a strong case can be complex.

At TONG LAW, our employment attorneys are here to guide you through every step of the way. We can help you understand your options, gather evidence to support your claim, advocate for your rights with your employer, and litigate in court if necessary.

If you’ve faced pregnancy discrimination at work, don’t suffer in silence. Contact TONG LAW for a confidential consultation. We’ll listen to your story, explain the legal landscape, and craft a tailored strategy to get you the justice you deserve. With us in your corner, you can stand up to workplace discrimination with confidence.