If you are pregnant and worried about how your employer is treating you, understanding what counts as pregnancy discrimination in California can clear up what your rights are. Our state has some of the strongest protections for pregnant workers in the nation, and it is illegal for your employer to treat you negatively based on your pregnancy, a past pregnancy, or any related medical needs, such as breastfeeding.
If you are wondering if your situation may count as pregnancy discrimination in California, connect with a Los Angeles pregnancy discrimination law firm experienced in this type of discrimination case to help.
What Is Pregnancy Discrimination in California?
Pregnancy discrimination is defined under California state and federal laws as unfair or unequal treatment based on or connected to your condition as pregnant or recently pregnant. The Pregnancy Discrimination Act (PDA), also offers federal level protections, mandating that employers cannot discriminate against an employee based on pregnancy, childbirth, or related conditions.
Wrongful Termination and Denial of Opportunity
If your employer has taken steps against you that have hurt your job status, and their reasons were connected with your pregnancy, that could be considered illegal discrimination. Wrongful terminations occur if you were fired, laid off, or pressured to quit right after disclosing your pregnancy or requesting an accommodation. You would need to prove that your pregnancy was the main reason for this action, and not a valid, non-discriminatory reason like poor performance or general company layoffs.
If you were moved to a lesser job, received a pay cut, or had your important tasks taken away, this would be illegal discrimination if the change was motivated by your pregnancy or a related medical need, such as breastfeeding, morning sickness, or other reasons.
Denial of Reasonable Accommodations
The law says your employer must make reasonable accommodations to keep you safe and productive during your pregnancy. These are typically small changes to your job or workspace, such as providing time and space for breastfeeding. Refusing these changes is illegal discrimination. Some accommodation requests may include:
- You need to stop lifting heavy items or performing hazardous tasks.
- You need a chair or stool because standing for eight hours is too difficult right now.
- You need more frequent breaks for water, food, bathroom trips, or rest.
- Your doctor recommends you move to a less physically demanding or safer position (if one is available).
If you asked for one of these reasonable changes based on your doctor’s advice and they said “No,” your rights have likely been violated.
Denial of Time Off Requests
Under California’s Fair Employment and Housing Act (FEHA), you have extensive job protection when you need time off for your pregnancy and after your baby arrives. Denying you this protected time is a serious form of discrimination. This protects time for:
- Pregnancy Disability Leave (PDL): If your doctor says your pregnancy or recovery is disabling (due to morning sickness, bed rest, delivery, or recovery), your employer must give you up to four months (17 1/3 weeks) of protected leave.
- Baby Bonding Time (CFRA): After your pregnancy disability time is over, you are likely entitled to an additional 12 weeks of job-protected leave to bond with your new baby.
- Reinstatement: When you come back from leave, they must put you back in your same job or a job that is virtually identical in pay, duties, and location. If they put you in a lesser position or reduce your pay, that is illegal discrimination.
If any of these situations sound like what you are experiencing, your employer may be violating California’s strong anti-discrimination laws.