The passage of the Civil Rights Act in 1964 established vital employee protections against discrimination for protected classes, including in cases of discrimination based on an applicant or employee’s sex. In 1978, the Pregnancy Discrimination Act (PDA) of 1978 amended the Civil Rights Act by adding a crucial new subsection to further define discrimination on “the basis of sex” as including pregnancy-based discrimination.
Key Aspects of Federal Protections Under the PDA
The Pregnancy Discrimination Act applies to employers with 15 or more employees. The PDA encompasses the following protections:
- Prohibits discriminating against pregnant women during the hiring process
- Prohibits an employer from terminating employment or forcing a resignation from a woman because of her pregnancy
- Prohibits an employer from reducing a pregnant employee’s benefits, such as seniority, accrued retirement benefits, or credit for work years, based on time away from work during one or more maternity leaves
- Ensures that an employee’s health insurance benefits cover pregnancy, pregnancy-related conditions, and childbirth just as it does other health conditions, while not requiring an employer to provide coverage for abortion, except when pregnancy termination is performed to protect the mother’s life
- Prohibits an employer from terminating a worker’s employment due to their pregnancy, maternity leave, or abortion
- Ensures eligibility for temporary reassignment to lighter duty work if a pregnancy-related condition prevents a woman from performing her regular duties
- Prevents an employer from requiring different medical clearance procedures for pregnant women than for other employees
- Requires employers who allow disability leave for employees with other conditions to provide the same benefit for pregnancy and temporary pregnancy-related disability
- Prohibits an employer from demanding that a pregnant employee who requires time off for pregnancy-related reasons take their maternity leave rather than return to work
Under the Pregnancy Discrimination Act of 1978, employers must permit a pregnant employee to work for as long as they are able to perform their job duties and treat pregnant employees with temporary disability as they do other disabled employees.
Are You the Victim of Pregnancy Discrimination in California?
Being pregnant does not allow employers to treat you differently from others during the job application process or during employment. Doing so is a violation of your federal protections under the 1978 Pregnancy Discrimination Act. In addition, during a temporary pregnancy-related disability, discriminating against a pregnant woman also violates their rights under the Americans with Disabilities Act (ADA).
Fortunately, there are legal remedies available for California employees under both federal laws, like the PDA and ADA, and additional state laws.
How Can a Pregnancy Discrimination Attorney In California Help My Case?
Despite the robust federal and state protections for pregnant employees, employers do not always uphold their employees’ rights or may engage in outdated biases or discrimination in their hiring process or in their treatment of pregnant employees. Fortunately, you can assert your legal rights, including the right to compensation for your financial losses.
Reach out to Sparrow Law Group to learn how a California employment attorney can help you obtain an outcome that aligns with your goals.