Pregnancy Discrimination

The Pregnancy Discrimination Act passed in 1978 makes it unlawful for employers to discriminate against employees based on pregnancy and related conditions. Unfortunately, the laws do not deter this type of discrimination from occurring at the workplace. Many pregnant workers face discrimination at their place of work or in their job search.

The California Fair Employment and Housing Act also prohibits pregnancy discrimination. Employers must create the necessary policies that prevent and address pregnancy discrimination. Therefore, if you face discrimination at work due to pregnancy or the effects of pregnancy, you can file a lawsuit against your employer.

It also allows you to recover from the financial losses and emotional distress discrimination causes. Before you file the lawsuit, you may need to file a claim with the Fair Employment and Housing Act. When pursuing your pregnancy discrimination claim, you require the expert legal guidance we offer at Sexual Harassment Attorney.

Understanding Pregnancy Discrimination in California

According to the United States Bureau of Labor, up to 47% of workers are women. Pregnant women may fall victim to unwarranted harassment at work. Fortunately, both federal and state laws exist to help pregnant employees fight back for their rights. These protections and policies are enforced by:

The Fair Employment and Housing Act (FEHA)
The Pregnancy Discrimination Act (PDA)
Equal Employment and Opportunities Commission (EEOC)

Employers must protect their pregnant employees from various forms of discrimination and harassment. The employer can offer this protection by creating policies that prevent discrimination and establishing channels to handle the issue.

Workplace Pregnancy Accommodations under FEHA

Sometimes, pregnancy-related complications can make it challenging for a pregnant employee to work. Fortunately, FEHA requires employers to make reasonable accommodations to help pregnant workers with their jobs. The following are standard workplace pregnancy accommodations:

Frequent and more prolonged breaks. Pregnancy complications can make a woman tired faster than usual. Employers must allow longer or more frequent breaks for their pregnant employees.
Seating accommodations. If a pregnant employee works in a position that requires constant standing, the employee must make sitting accommodations for them.
Modified work duties. Strenuous activities can be dangerous for pregnancy. Therefore, FEHA requires employers to modify duties for pregnant employees.
Temporary job restructuring. An employee cannot stop working because of pregnancy. An employer cannot force a pregnant employee to take leave. Instead, they must restructure the job to accommodate the employee's condition.
Adjusted work schedule. An employer may need to adjust work schedules for a pregnant employee to avoid shifts that can impact their condition.
Modified equipment. Pregnancy complications may make it challenging for an employee to use heavy work equipment. An employer must make the necessary modifications to ensure that the pregnant employee keeps working.

You can enjoy pregnancy accommodations at the workplace by presenting a doctor’s report explaining how your condition affects your ability to work. Your employer must engage in an interactive process with you. It helps to determine the appropriate modifications needed for your conditions.

California Pregnancy Disability Leave Act (PDL)

The PDL Act provides job protection for employees who experience pregnancy disabilities. It ensures that individuals experiencing pregnancy-related medical conditions can take some time off work to recover without the fear of losing their jobs. The key provisions of PDL include:

Leave Duration

PDL allows up to 4 months of leave for childbirth and bonding with the child. The exact duration depends on the employee’s condition. If an employee is only temporarily unable to work due to pregnancy, the employer can offer a shorter leave.

Job Protection

Employees who take PDL are entitled to return to their same or equivalent job with the same pay and benefits. Employers cannot discriminate against or retaliate against employees for taking PDL.

Health Insurance Continuation

While on PDL, employees are entitled to continue their health insurance coverage under the same terms. It means that the employer must continue to pay the employee's portion of the health insurance premiums during the leave.

Disability Accommodation

Employers must also provide reasonable accommodations to pregnant employees. Such accommodations are necessary if the employee needs help with work duties. The accommodations include modifications to work duties, temporary reassignment, or altering work hours.

You can claim a pregnancy disability leave if you suffer any of the following pregnancy-related conditions:

Postpartum depression
Severe morning sickness
Preeclampsia
Gestational diabetes
Pregnancy loss
Recovery from childbirth

Types of Pregnancy Discrimination Under California Law

An employer engages in pregnancy discrimination by mistreating a woman due to their pregnancy. The following are some common forms of pregnancy discrimination:

Termination. It is illegal for employers to fire, demote, or otherwise penalize an employees because of her pregnancy or related conditions. Pregnant employees must receive similar treatment to other employees with temporary disabilities.
Refusal to hire. An employer cannot refuse to hire a qualified candidate solely because of pregnancy. California law prohibits discriminatory hiring practices that exclude pregnant women from consideration.
Denial of a promotion. If you are eligible for a promotion, your employer must not use your pregnancy to deny you the opportunity.
Failure to provide pregnancy accommodations. Under California law, pregnant employees have the right to request reasonable accommodations. These include frequent breaks and task modifications. Failure to provide these accommodations can be a basis for a workplace discrimination lawsuit.
Unequal pay and benefits. An employer cannot deny you benefits due to pregnancy. The benefits include health insurance and compensation. Pregnancy discrimination can occur if a pregnant employee receives less pay than other employees.
Harassment due to pregnancy. Pregnant employees are entitled to a workplace free of harassment. Harassment can include offensive comments, jokes, or discriminatory behavior by coworkers. This harassment is illegal, and the employer must take steps to stop it.

Filing a Lawsuit for Workplace Pregnancy Discrimination

Pregnancy discrimination in the workplace occurs when an employee receives unfair treatment due to pregnancy and childbirth. Different state and federal laws protect pregnant employees from this type of discrimination. If you fall victim to pregnancy discrimination at work, you can follow these steps to file a lawsuit against your employer:

Understand Your Legal Rights

Before filing a lawsuit, you must understand your rights under the law. The PDA prohibits discrimination in all aspects of employment. This includes hiring, firing, promotions, pay, job assignments, and benefits. Employers must also provide reasonable accommodations for pregnant employees.

Under the Family and Medical Leave Act, eligible employees must receive up to 12 weeks of unpaid leave.

Document the Discrimination

You may fall victim to different forms of pregnancy discrimination at work. The first step in preparing for a lawsuit is gathering and documenting the discrimination evidence. You must keep a detailed record of all relevant incidents, including:

Any comments, emails, or statements made regarding your pregnancy.
There are specific instances of unfair treatment due to your pregnancy. This includes denial of promotions, demotion, or assignment of less favorable tasks.
Evidence of the impact of pregnancy discrimination on your life. This can include your physical, mental, and financial well-being.
Copies of any formal complaints made to human resources or supervisors.

You will have a strong claim with detailed and well-organized documents. You could also keep a record of any interactions with HR on pregnancy accommodations.

File a Complaint with the Equal Employment Opportunity Commission (EEOC)

Before filing a lawsuit in court, you must file a discrimination claim with the EEOC or FEHA. The EEOC investigates claims of workplace discrimination and issues employees with a right to sue. The process for filing a complaint involves:

Filing a charge. Submit your written complaint to the EEOC. You must provide all relevant facts, evidence, and documentation related to the discrimination. You can file this charge online or by mail.
Investigation. After receiving your complaint, the EEOC will investigate the claim. The agency may request additional information or conduct interviews with witnesses. Sometimes, the EEOC may mediate between you and your employer to resolve the issue.
Notice of Right to Sue. If the EEOC cannot resolve the issue, they will issue a "Notice of Right to Sue." This notice gives you the legal right to file a lawsuit in federal or state court.

The EEOC investigation process can take several months. During this time, you must participate in mediation or provide additional evidence.

Consider Settlement or Mediation

After filing with the EEOC, the agency may attempt to mediate a settlement between you and your employer. Mediation is an informal process in which parties meet with a neutral third-party mediator to discuss the dispute. Successful mediation can lead to an out-of-court settlement.

Alternatively, your employer may offer a settlement before the case goes to court. If both parties can agree on terms, you can avoid a lengthy trial process.

File a Lawsuit

If the investigation by the EEOC fails to yield a satisfactory solution, you can file a lawsuit in court. You can file a lawsuit in state or federal court, depending on the type of discrimination. At this stage, you will need an experienced attorney. Your lawyer will help you with the complexities of the pregnancy discrimination law. The lawsuit will follow these stages:

Complaint. Your lawyer will draft a formal complaint outlining the discrimination claims and the damages you seek to recover.
Discovery. The parties involved in the lawsuit will exchange evidence. Additionally, they can take depositions from witnesses, which can take several months.
Settlement Negotiations. You can settle with your employer before going to trial. Most workplace discrimination lawsuits are settled out of court.
Trial. If you do not settle, the case will go to trial. The trial may involve presenting evidence, calling witnesses, and making legal arguments before a judge or jury.

Compensation Benefits for a Pregnancy Discrimination Lawsuit in California

In a successful pregnancy discrimination lawsuit, you can recover the following benefits:

Back Pay

Pregnancy discrimination can take many forms, including demotion, termination, and pay decrease. When you file a lawsuit against your employer, the court can order compensation for the lost wages.

Front Pay

After a successful pregnancy discrimination lawsuit, the court may order your job reinstatement. However, in cases where the reinstatement is not feasible, you can recover compensation for future lost earnings.

Pain and Suffering

Pregnancy is an overwhelming time for a woman. Long employment or facing discrimination can take a toll on a person's emotional and mental well-being. You cannot equate emotional suffering with money. However, you can recover compensation for these damages.

Attorney Fees

Filing a pregnancy discrimination claim or lawsuit requires you to seek expert legal guidance. This can take a toll on your financial well-being. If you prevail in your lawsuit, you can recover compensation for the amount you spent to hire an attorney.

Frequently Asked Questions on Pregnancy Discrimination at Work in California

Pregnancy is a delicate time for a woman. Unfortunately, many pregnant employees face harassment and discrimination at their workplace. Many victims of pregnancy discrimination do not understand PDA. The following are frequently asked questions on pregnancy discrimination in California:

What laws protect against pregnancy discrimination in California?

California law prohibits pregnancy discrimination in the workplace under the following regulations:

The Fair Employment and Housing Act (FEHA) is a California state law that prohibits discrimination based on sex. This could include pregnancy, childbirth, and related medical conditions. FEHA laws apply to employers with five or more employees.
California Pregnancy Disability Leave Law (PDL). The PDL allows employees disabled by pregnancy, childbirth, or related conditions to take up to four months of leave. Employers with five or more employees must comply with the PDL. Failure to do so could result in liability in a workplace discrimination lawsuit.
California Family Rights Act (CFRA). The CFRA provides eligible employees with the right to take a 12-week unpaid leave for pregnancy and childbirth. This law applies to employers with 5 or more employees.
Federal Pregnancy Discrimination Act (PDA). This federal law prohibits discrimination based on pregnancy and childbirth. It is addressed under Title VII of the Civil Rights Act of 1964. The PDA applies to employers with 15 or more employees.
Americans with Disabilities Act (ADA). The ADA may protect pregnant workers if they experience a disability due to pregnancy.

Can an employer refuse to hire a pregnant woman?

No. Under California state and federal law, it is illegal for an employer to refuse to hire a qualified applicant based on her pregnancy. Employers cannot use pregnancy as a basis for rejecting a qualified job applicant.

An employer violates the PDA and FEHA laws by using pregnancy to discriminate against a job applicant or employee.

Can an employer require a pregnant employee to take leave?

Women are entitled to leave after pregnancy or due to pregnancy disability. However, an employer cannot force a pregnant employee to take leave. Instead, the leave is necessary if the pregnancy prevents the employee from performing their duties.

If an employee meets the eligibility for PDL, they can choose to take leave or continue working. If an employer forces you into unpaid leave, you may lose your wages, overtime pay, and bonuses. Therefore, if you are in this predicament, you can file a lawsuit against the employer.

What rights do employees have after returning from pregnancy leave?

Employees have the right to return to the same or equivalent position after taking pregnancy disability leave and should not experience adverse employment actions, such as demotion, discrimination, or reduced pay.

Additionally, the employer must continue to provide health insurance coverage. If the employee has accrued sick leave or vacation time, the employer may allow the employee to use that time during the pregnancy leave. Failure to do this gives the employee a right to file a discrimination lawsuit against the employee.

What should I do if my employer retaliates against me for reporting pregnancy discrimination?

Some pregnant workers face retaliation from their employers. The retaliation results from asserting their rights for medical leave or reporting discrimination. Retaliatory actions could include termination, a pay decrease, or demotion. If you fall victim to employer retaliation, you can file a lawsuit against the employer. In your lawsuit, you can prove that your employer’s actions against you resulted from your participation in a harassment or discrimination case.

Find a Competent Sexual Harassment Attorney Near Me

Pregnancy discrimination remains a significant concern in the workplace in California. The government has implemented the Pregnancy Discrimination Act. PDA makes it unlawful for employers to discriminate against pregnant employees. This law protects pregnant employees from termination, failure to hire, and inappropriate tasks.

The Pregnancy Discrimination Act requires employers to offer disability leave to pregnant employees. Alternatively, they can modify the duties of employees who suffer disability from pregnancy. However, an employer has the right to ask employees to submit a doctor's statement before receiving these accommodations. The reports testify to their inability to work during or after pregnancy.

If you have experienced pregnancy discrimination at work in California, you can report your employer to FEHA. This gives you the right to file a lawsuit against them and recover compensation. Pursuing a pregnancy discrimination lawsuit is a legally complex task. Therefore, you will require our expert legal insight at the Sexual Harassment Attorney. Contact us at 800-905-1856 to discuss your case.