Pregnancy can be an overwhelming experience. It can be frightening at times, but it can also be beautifully rewarding. The last thing you should have to worry about is being discriminated against at work because of your pregnancy. Thankfully, California labor laws heavily favor the employee, and there are certain laws, both state and federal, that are in place to help defend pregnant workers’ rights. You should know the California pregnancy discrimination laws.
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Under the Family and Medical Leave Act (FMLA) and the California Fair Housing and Employment Act (FEHA), pregnant employees cannot be harassed or discriminated against simply because of their pregnancy. If you believe you have been discriminated against because of your pregnancy, you may be able to pursue compensatory damages against your employer and bring a workplace discrimination lawsuit against them.
In 1978, the 1964 Civil Rights Act was slightly amended to include the Pregnancy Discrimination Act (PDA). This federal amendment made pregnancy discrimination an unlawful practice of sexual discrimination. Pregnant workers had to be treated the same as all other employees on their level at the company they worked for. Here are some obligations your employee has towards their pregnant workers:
It is not just pregnant employees that have the right to make a discrimination claim if they are treated differently because of their pregnancy. Job candidates can file a claim as well. It is illegal to ask a job applicant if they are pregnant or if they plan on becoming pregnant. Doing so can result in a discrimination suit if the applicant meets the minimum requirements in the job posting.
A: The Pregnancy Discrimination Act (PDA) was an amendment to the Civil Rights Act that focuses primarily on the rights of pregnant workers in the United States. The Act makes it illegal for an employer to refuse to hire a woman because she is pregnant. In addition, pregnant workers cannot be made ineligible for certain benefits because of their pregnancy, such as training, promotions, and severance pay. The Act works to protect the rights of pregnant workers and ensure that they are not taken advantage of.
A: Pregnancy discrimination is the act of treating a pregnant person unfairly for the sole reason that they are pregnant. One such example is refusing to hire an employee who is very qualified for the job, but you don’t like the fact that she’s pregnant. So, you refuse to hire, and you tell them it’s because they’re pregnant, and you don’t want to let them go on maternity leave in a few months. That puts you in a potential pregnancy discrimination lawsuit.
A: In 2023, a new federal pregnancy accommodation law was put into effect. The Pregnant Workers Fairness Act (PWFA) makes it illegal for an employer to interfere with or deny a pregnant employee’s rights under the law. The new law applies to any employer nationwide that has 15 or more employees, including federal entities and labor agencies. This new law makes it nearly impossible for pregnant workers not to receive reasonable accommodations and be treated with care and respect by their employers without serious consequences for the employer.
A: California labor laws have very strict policies that prohibit pregnancy discrimination of any kind in the workplace. Any employer that openly discriminates against their pregnant employees is opening themselves up to discrimination lawsuits that could tarnish their company’s reputation, destroy their own careers, or bankrupt their company in legal fees, among other penalties. California’s labor laws protect all employees’ rights from being taken advantage of, including pregnant workers.
Having a child can be one of the most rewarding and cherished experiences that you can ever be a part of. It’s a celebrated, unforgettable moment in your life, and the last thing you should be concerned about throughout this process is whether or not your job will be affected by your pregnancy. California’s strict labor laws do what they can to prevent pregnancy discrimination in the workplace, but it still happens.
The legal team at The Law Office of Frank S. Clowney III can help you develop your case and assess your situation. If you have a viable discrimination claim, we can help you gather evidence that supports it and represent your interests against insurance companies. Contact us to schedule a consultation with a team member as soon as you can.
