Pregnancy Discrimination - Brightwood Law Group, PC

Pregnancy Discrimination in the California Workplace: Your Rights Protected

Introduction: Protecting Your Career During and After Pregnancy

Pregnancy is a joyous and significant life event. California law recognizes that employees should not have to choose between their job and starting or expanding their family. Workplace discrimination based on pregnancy, childbirth, or related medical conditions is illegal and undermines an employee’s right to fair treatment and equal opportunity. Employers are prohibited from treating pregnant employees or applicants unfavorably and are required to provide certain accommodations and protected leave.

At Brightwood Law Group, PC, we are dedicated to protecting the rights of employees who have faced discrimination or unfair treatment due to pregnancy or related conditions. If you believe your employer has violated your rights, we are here to help you understand your options and seek justice.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, breastfeeding, or a related medical condition. This form of discrimination can manifest in various ways throughout the employment relationship, including:

Hiring: Refusing to hire a qualified applicant because she is pregnant or may become pregnant.
Termination or Layoff: Firing or laying off an employee because she is pregnant or has taken pregnancy-related leave.
Demotion or Denial of Promotion: Unfairly demoting a pregnant employee or denying her a promotion she is qualified for.
Unfavorable Job Assignments: Assigning a pregnant employee to less desirable tasks or roles due to her pregnancy.
Forced Leave: Requiring an employee to take leave when she is still able to perform her job, with or without reasonable accommodation.
Harassment: Subjecting an employee to unwelcome comments, jokes, or conduct related to her pregnancy, childbirth, or related medical conditions that creates a hostile work environment.
Denial of Reasonable Accommodations: Refusing to provide legally required reasonable accommodations for an employee affected by pregnancy or childbirth.
Failure to Reinstate: Not reinstating an employee to her same or a comparable position after she returns from protected pregnancy-related leave.

Your Rights and Employer Obligations in California

California provides some of the strongest protections in the nation for pregnant employees, primarily through the Fair Employment and Housing Act (FEHA), which incorporates provisions of the Pregnancy Disability Leave (PDL) law, and the California Family Rights Act (CFRA). Federal law, through the Pregnancy Discrimination Act (PDA), also offers protection.

Key rights and obligations include:

Pregnancy Disability Leave (PDL): Eligible employees in California are entitled to take up to four months of job-protected leave while they are actually disabled by pregnancy, childbirth, or a related medical condition. This leave can be taken before and after childbirth and is available regardless of how long the employee has worked for the employer, provided the employer has five or more employees.
Reasonable Accommodations: Employers are required to provide reasonable accommodations for an employee affected by pregnancy, childbirth, or a related medical condition, if requested, upon the advice of her healthcare provider. Examples include modified work duties, transfer to a less strenuous or hazardous position, altered work schedules, or more frequent breaks.
California Family Rights Act (CFRA) Leave: After PDL (if taken), eligible employees may be entitled to an additional 12 weeks of job-protected CFRA leave for baby bonding. This leave is available to parents and applies to employers with five or more employees.
Reinstatement Rights: Generally, upon returning from PDL and CFRA leave, an employee must be reinstated to the same or a comparable position, unless specific, very limited exceptions apply.
Protection from Retaliation: Employers cannot retaliate against an employee for requesting or taking pregnancy-related leave, requesting accommodations, or otherwise exercising their rights related to pregnancy.
Lactation Accommodations: Employers must provide reasonable break time and a private space (other than a bathroom) for nursing mothers to express breast milk.
Equal Treatment (Federal Pregnancy Discrimination Act - PDA): This federal law requires that employers treat women affected by pregnancy, childbirth, or related medical conditions the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work.

Examples of Pregnancy Discrimination

Pregnancy discrimination can be overt or subtle. Some examples include:

An employer withdraws a job offer after learning the applicant is pregnant.
A pregnant employee is fired or laid off shortly after announcing her pregnancy, with the employer citing pretextual reasons like “company restructuring” or sudden “performance issues.”
An employee is denied a promotion that she was on track for, with her manager commenting that the new role would be “too stressful” for someone who is pregnant or a new mother.
A pregnant employee is forced onto leave earlier than medically necessary or desired.
An employer refuses a pregnant employee’s reasonable request for modified duties (e.g., avoiding heavy lifting) as recommended by her doctor, even though such accommodations would not cause undue hardship.
An employee returning from maternity leave is told her original position has been filled and is offered a less desirable role with lower pay or fewer responsibilities.
A pregnant employee is subjected to persistent negative comments or jokes about her pregnancy, her appearance, or her future as a working mother.

What to Do If You Experience Pregnancy Discrimination

If you believe you are being discriminated against due to pregnancy, childbirth, or a related medical condition:

Document Everything: Keep detailed written records of all discriminatory actions, comments, or policies. Note dates, times, locations, individuals involved, and any witnesses.
Review Company Policies: Check your employee handbook for policies regarding pregnancy leave, accommodations, and anti-discrimination.
Communicate Your Needs Clearly: If you require accommodations or plan to take leave, inform your employer in writing, providing medical certification as appropriate. Keep copies of these communications.
Report Discrimination Internally (If Appropriate): If you feel safe doing so and believe it might help, report the discriminatory conduct to your supervisor (if they are not the perpetrator) or Human Resources, following your company’s complaint procedures. Keep a record of your report and any response.
Consult Brightwood Law Group, PC: Pregnancy discrimination and leave laws are complex. An attorney can explain your rights, help you navigate the situation, and advise you on the best course of action, including filing claims with the California Department of Civil Rights or EEOC within the strict legal deadlines.

How Brightwood Law Group, PC Fights Pregnancy Discrimination

Brightwood Law Group, PC is passionately committed to protecting the rights of pregnant employees and new parents from unlawful discrimination. We understand the emotional and financial stress such discrimination can cause and provide dedicated legal support by:

Providing Confidential Consultations: We offer a supportive environment to discuss your experiences and evaluate potential pregnancy discrimination claims.
Advising on Your Rights and Accommodation Requests: We help you understand your entitlements to leave and reasonable accommodations.
Negotiating with Employers: We work to resolve disputes and obtain settlements where rights have been violated.
Filing Administrative Complaints: We assist with obtaining a right to sue letter from the California Department of Civil Rights (CRD) (formerly DFEH).
Litigating on Your Behalf: If a fair resolution cannot be reached, our skilled attorneys are prepared to advocate for you in court to seek remedies such as lost wages, emotional distress damages, punitive damages, and policy changes.

Pregnancy discrimination is a form of sex discrimination. Learn more on our general Discrimination Page.

If your employment was terminated due to pregnancy, this may also constitute Wrongful Termination.

Understand your broader rights to Medical Leave in California.

Pregnant or a New Parent? Know Your Workplace Rights.

You should not have to choose between your job and your family. If you believe you have been subjected to pregnancy discrimination or denied your rightful leave or accommodations, contact Brightwood Law Group, PC today for a confidential consultation. We are here to protect your rights and help you achieve a fair outcome. Call us at (310) 895-9075 or fill out our online contact form.