California Pregnancy Discrimination Lawyers

California Pregnancy Discrimination Laws: FEHA and PDL

California’s Fair Employment and Housing Act (FEHA) prohibits employment discrimination because of pregnancy, childbirth, breastfeeding, or related medical conditions. These protections apply to hiring, firing, promotions, compensation, job assignments, and other employment terms.

The statutory protections appear in Government Code section 12940, together with the definition of sex in section 12926. Pregnancy accommodation and leave rights are addressed specifically in section 12945.

Who Is Protected?

California’s pregnancy discrimination, accommodation, and Pregnancy Disability Leave (PDL) requirements generally cover employers with five or more employees. Pregnancy-based harassment is prohibited in workplaces with one or more employees.

Reasonable Accommodations During Pregnancy

Under Government Code section 12945(a)(3), an employer must provide reasonable accommodation for a pregnancy-related condition when requested with the advice of the employee’s health care provider. Depending on the medical need and circumstances, accommodations may include:

• More frequent breaks or access to a chair or stool.
• Modified duties or work schedules.
• A temporary transfer to less strenuous or hazardous work when legally required and reasonably accommodated.

A requested transfer does not necessarily require an employer to create a new position or displace another employee. The applicable requirements depend on the requested change and the available work.

Pregnancy Disability Leave: Up to Four Months per Pregnancy

PDL provides up to four months of job-protected leave per pregnancy for the period an employee is disabled by pregnancy, childbirth, or a related medical condition. It is not an automatic four-month absence for every pregnancy. The employee’s health care provider determines the medically necessary duration.

Unlike some other leave laws, PDL does not require a minimum length of employment or a minimum number of hours worked. When medically necessary, it may be taken intermittently or through a reduced work schedule. Employers may require appropriate medical certification.

An employee returning from PDL generally has the right to return to the same position, subject to limited exceptions. In certain circumstances, reinstatement to a comparable position is permitted. Leave does not prevent an employer from taking a legitimate employment action unrelated to the pregnancy or leave.

What Qualifies as Pregnancy Discrimination?

The following actions may violate FEHA or related pregnancy protections, depending on the facts:

• Denied accommodation: Refusing a reasonable, medically supported change required by law, such as additional breaks, modified duties, or an appropriate temporary transfer.
• Demotion after leave: Reducing an employee’s position, pay, or responsibilities because they took protected pregnancy disability leave.
• Forced early leave: Requiring an employee to stop working because they are pregnant when they have not requested leave, rather than evaluating their actual circumstances and legal rights.
• Discriminatory hiring or promotion: Rejecting an applicant or denying advancement because of pregnancy or assumptions about future availability or commitment.
• Denied protected leave: Refusing qualifying PDL solely because the employee is new, works part time, or does not qualify for another leave program.
• Retaliation for exercising rights: Punishing an employee for requesting a pregnancy accommodation, taking protected leave, or reporting pregnancy discrimination.

California’s pregnancy regulations address these employer obligations in title 2, California Code of Regulations, section 11039. An unfavorable decision occurring during or after pregnancy does not automatically prove a violation; the reason for the decision and the employer’s legal obligations matter.

Is PDL the Same as Baby-Bonding Leave?

No. PDL addresses pregnancy-related disability, including childbirth recovery. Eligible employees may separately qualify for baby-bonding leave under the California Family Rights Act (CFRA), governed by Government Code section 12945.2. CFRA has separate eligibility requirements, so the available leave depends on the employee’s circumstances.

The Role of an Attorney in a Pregnancy Discrimination Case

An attorney specializing in workplace discrimination can thoroughly investigate your case, gather supporting evidence, and represent you in negotiations or court. Experienced attorneys can also help identify relevant employment records, communications, and other evidence that may support your claim. With a lawyer by your side, you can focus on your health and family while they handle the complexities of your legal battle.

Contact California Pregnancy Discrimination Lawyers Today

If you believe you have been subjected to pregnancy discrimination, our team of dedicated pregnancy discrimination lawyers is here to help. We’ll evaluate your case, help you file a complaint, and pursue the justice you deserve.