For many women, becoming pregnant is an exciting experience that brings joy to the whole family. Unfortunately, employers are not always as excited or accommodating. State and federal laws protect women who become pregnant from workplace discrimination, but sadly, it occurs frequently.
At For All Workers, we believe that pregnant women should be applauded for continuing to work and support their families. Pregnancy discrimination is a terrible violation of women’s legal rights. If you have experience pregnancy discrimination in a California workplace, contact For All Workers to find out how you can protect your legal rights.
Understanding Pregnancy Discrimination
Pregnancy discrimination occurs in many ways. Most often, a female employee announces her pregnancy, then is treated differently by her employer or co-workers. Some examples of pregnancy discrimination include:
- Hours being decreased
- Being overlooked for promotions
- Being demoted
- Workload being increased to the point of the employee quitting
- Being denied the mandatory 12-week maternity leave provided by the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
- Being told that her position will not be available upon returning from maternity leave
In California, not only do you enjoy the protections provided by the FMLA and the federal Pregnancy Discrimination Act (PDA), but there are state-specific laws that protect pregnant women in the workplace. Such protections include:
- The California Fair Employment and Housing Act (FEHA) – The primary law protecting California employees from discrimination, harassment, or retaliation.
- The California Pregnancy Disability Leave Law (PDLL) – This law allows you to request up to four additional months of leave (unpaid) if you are disabled due to the pregnancy or pregnancy-related medical conditions.
- The California Family Rights Act (CFRA) – Requires employers to provide leave, which is similar to what is protected by the FMLA. The CFRA works alongside the FMLA, allowing California families more time to manage the birth of a child.
It is illegal for your employer to fire you, demote you, or discriminate against you for medical conditions related to your pregnancy. That includes conditions like:
- Preeclampsia
- Gestational Diabetes
- Required Bed Rest
- Chronic Pain
- Recovering from Surgery
- Lactation Issues
California laws have only gotten more protective of women since the #metoo movement, including protecting women who are mothers, or who become pregnant while working. It is important that women understand the laws, their rights, and how to get help if they have been discriminated against.