Know Your Rights: Fighting Pregnancy Discrimination in California

Pregnancy discrimination is a topic of great concern in California. Here, we’ll explore the problematic issue of discrimination that employees can face during a time when they should be supported. We’ll also review the legal framework of California that exists to protect the rights of pregnant workers.

The Basics of Pregnancy Discrimination

Pregnancy discrimination boils down to any situation where an employer discriminates against an existing employee or job candidate because of their condition, childbirth, or any other medical issue related to pregnancy. Discrimination can be as simple as feeling reluctant about hiring pregnant staff or as severe as demoting, terminating, or depriving pregnant women of their rightful benefits and opportunities. The consequences of discrimination may be dire for guilty employers, as it can lower workplace morale and cause severe financial losses, subjecting them to litigation.

It is crucial to realize the harm of such practices, and anyone who believes that they are a victim of discrimination should talk to a competent pregnancy discrimination lawyer in Los Angeles. An attorney will use their understanding of California’s state laws to represent your interests and secure the best possible outcome for your case.

Legal Protections for Pregnant Workers in California

It is important to note that, in addition to federal laws such as the Pregnancy Discrimination Act and the Family and Medical Leave Act in the United States, California State also provides legal protection facilities for pregnant employees. These include the California Fair Employment and Housing Act, the California Family Rights Act, and Pregnancy Disability Leave.

California Fair Employment and Housing Act (FEHA)

The California Fair Employment and Housing Act outlaws discrimination in employment and housing based on protected categories, including pregnancy. FEHA mandates that employers provide reasonable accommodations for pregnant employees and prohibits harassment or discrimination due to their status. 

This can include changes to work duties or setting of duties otherwise required of an employee if it does not create undue hardship; providing pregnancy-related disability leave when the employee is disabled; and amending any nondiscriminatory benefit (e.g. a health or temporary disability insurance plan) to pay for disability on the same basis that the plans will group other short-term disabilities. 

Additionally, an employer is required to offer unpaid time off to bond with a new child. Thirdly, an individual may not be let go for seeking leave by an employer. California’s laws strictly prohibit wrongful termination and retaliation. 

California Family Rights Act

Employees are entitled to up to 12 weeks of unpaid time off for the birth or adoption of a child or if the employee, a child, spouse, or parent falls ill. 

Pregnancy Disability Leave

Pregnancy Disability Leave provides up to four months of job-protected leave for employees with pregnancy, childbirth, or prenatal medical conditions. This law applies regardless of the length of time an employee has worked for the employer. Learn more about the specifics of California Pregnancy Disability Leave here.

Employers’ Duties

Employers in California are responsible for providing appropriate accommodations to pregnant employees where it does not cause an undue burden. Simultaneously, they are required to provide pregnancy and parental leave. Part of their responsibility is to prevent retaliation, which makes it necessary to maintain an inclusive work atmosphere where employees do not feel otherwise opposed or constrained.

How to Fight Pregnancy Discrimination

Individuals who have experienced pregnancy discrimination must document their situation, talk with their employers or HR department, or consult a lawyer. Mediation and lawsuit procedures may be used to reach a reasonable resolution and compensation for their injustices. There are resources available to both employers and workers that can help them understand their rights and responsibilities, explore their choices, and take immediate action against discrimination.

California legislation shows a path we hope encourages workplaces to fight against discrimination. Awareness, persistence, and adherence to those laws are essential in empowering pregnant employees who’ve faced discrimination to fight back.

We are not doctors and this is in no way intended to be used as medical advice and we cannot be held responsible for your results. As with any product, service or supplement, use at your own risk. Always do your own research before using.