Pregnancy should be a time of joy and anticipation, not workplace stress and discrimination. Yet many pregnant employees still face unfair treatment at work, despite clear legal protections in California. At Smith Law, we see pregnant workers facing reduced hours, sudden performance issues, or even termination after announcing their pregnancy.
These practices are not just wrong but also illegal. Our team works daily with clients who have experienced pregnancy discrimination, helping them secure their rights and fair treatment.
In this blog, we explore what employers must do to comply with pregnancy protection laws and what employees should know about their rights in the workplace. Your pregnancy should never cost you your livelihood, and California law stands firmly behind this principle.
California’s Pregnancy Protection Laws
California offers some of the strongest pregnancy protection laws in the nation. As employment attorneys, we regularly remind employers that these laws are non-negotiable and carry serious consequences when violated.
The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Unlike federal law, which applies to employers with 15 or more employees, FEHA covers employers with just five or more employees, extending protection to many more workers.
California also provides pregnancy disability leave (PDL) for up to four months, depending on the actual period of disability. This applies regardless of how long you have worked for your employer. The law requires employers to maintain your health benefits during this leave, just as they would for other temporarily disabled employees.
You might also qualify for leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA), which can provide additional time off after your pregnancy disability leave ends.
Common Types of Pregnancy Discrimination
Pregnancy discrimination takes many forms, and recognizing these practices is crucial for both employers and employees. Our law firm has handled numerous cases involving these issues:
- Hiring discrimination occurs when employers refuse to hire qualified candidates because they are pregnant or may become pregnant in the future. This happens more often than many realize, especially when employers make assumptions about a pregnant applicant’s commitment or availability.
- Job modifications present another common area of concern. California law requires reasonable accommodations for pregnant employees, which might include modified duties, alternative assignments, or transfer to less hazardous positions. When employers refuse these accommodations despite medical necessity, they violate the law.
- Forced leave policies require pregnant employees to take leave before they medically need to or choose to. These policies discriminate against pregnant workers by removing their agency and potentially reducing their income or benefits.
- Termination or demotion following pregnancy announcement represents an obvious but still prevalent form of discrimination. Some employers attempt to disguise these actions as performance-related, but the timing often reveals the true motivation.
Reasonable Accommodations for Pregnant Employees
The law requires employers to provide reasonable accommodations to pregnant employees. These accommodations ensure you can continue working safely while pregnant. As attorneys practicing in this field, we emphasize that accommodations must be evaluated on a case-by-case basis.
Common reasonable accommodations include:
- More frequent breaks for water, rest, or bathroom use
- Modified work schedules or telecommuting options
- Closer parking spaces
- Adjustments to your workstation
- Transfer to less physically demanding roles temporarily
- Modification of workplace policies, such as allowing food or drinks at workstations
Remember, your employer cannot force you to accept an accommodation you did not request or agree to. The accommodation process should involve a good-faith dialogue between you and your employer to find solutions that work for both parties.
Steps Employers Should Take to Ensure Compliance
Smart employers take proactive steps to create fair workplaces for pregnant employees. We advise businesses to implement these best practices:
- Develop clear written policies addressing pregnancy accommodation, leave, and non-discrimination. These policies should comply with state and federal law and be easily accessible to all employees.
- Train supervisors and managers specifically on pregnancy discrimination laws and proper accommodation procedures. Many discrimination cases occur because frontline managers lack proper guidance.
- Document all accommodation requests and responses. This creates a record of good-faith efforts to comply with the law and helps resolve disputes before they escalate to litigation.
- Maintain confidentiality regarding pregnancy-related medical information. Employee medical details should remain confidential, with access limited to those who need to know for accommodation purposes.
- Consistently enforce workplace policies. Selective enforcement often reveals discriminatory intent and creates legal liability.
Your Rights as a Pregnant Employee
If you are pregnant or planning to become pregnant, you have substantial workplace rights under California law:
- You cannot be denied employment, promotion, or training opportunities because of your pregnancy.
- You have the right to reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions.
- You qualify for pregnancy disability leave for the time you are disabled by pregnancy (up to four months).
- Your employer must continue your health benefits during pregnancy disability leave.
- You have the right to return to the same or a comparable position after pregnancy disability leave.
- You cannot be retaliated against for requesting accommodations, taking leave, or complaining about discrimination.
Taking Action Against Pregnancy Discrimination
If you believe you have experienced pregnancy discrimination, taking prompt action improves your chances of a successful resolution. We recommend these steps:
- Document everything related to your situation, including comments, emails, performance reviews, and the timing of adverse employment actions.
- Report the discrimination to your HR department or appropriate manager in writing, following your company’s grievance procedures.
- File a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act. This administrative step is required before you can file a lawsuit.
- Contact an employment attorney experienced in pregnancy discrimination cases. Legal representation early in the process often leads to better outcomes.
Building Fair Workplaces for Expectant Parents
Creating workplaces where pregnant employees receive fair treatment benefits everyone. Employees can focus on their work without fear of discrimination, while employers retain valuable talent and avoid costly litigation. At Smith Law, we remain committed to helping both employers implement effective policies and employees assert their rights under California law.
If you have experienced pregnancy discrimination or need guidance on pregnancy-related workplace policies, we invite you to contact us at 866-608-8003.
