Pregnancy Discrimination

In California, employees are protected against pregnancy discrimination under both state and federal laws, which ensure pregnant employees, or those affected by pregnancy-related conditions, are treated fairly and without prejudice in the workplace. These laws cover various aspects of employment, including hiring, firing, promotions, job assignments, and benefits. Here’s an overview of the key protections:

Federal Laws

• Pregnancy Discrimination Act (PDA): An amendment to Title VII of the Civil Rights Act of 1964, the PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It mandates that pregnant employees be treated the same as other employees who are similar in their ability or inability to work.
• Americans with Disabilities Act (ADA): While pregnancy itself is not a disability, certain pregnancy-related conditions may qualify as disabilities under the ADA. Employers may need to provide reasonable accommodations for employees affected by such conditions, as long as it does not cause undue hardship on the operation of the business.

California State Laws

• Fair Employment and Housing Act (FEHA): Provides broader protections than the PDA, prohibiting discrimination against pregnant employees and requiring employers to provide up to four months of disability leave for women who are unable to work due to pregnancy, childbirth, or related medical conditions. Employers are also required to provide reasonable accommodations for pregnant employees.
• California Pregnancy Disability Leave Law (PDLL): Under the PDLL, employers with five or more employees must allow employees disabled by pregnancy, childbirth, or related medical conditions to take up to four months of job-protected leave.
• California Family Rights Act (CFRA): In addition to PDLL, pregnant employees in California may also be eligible for up to 12 weeks of unpaid, job-protected leave under CFRA for the purpose of bonding with a new child (birth, adoption, or foster care). This is in addition to any disability leave taken for pregnancy or childbirth recovery, under certain conditions.

Protections and Prohibitions

• Harassment: Harassing an employee due to pregnancy, childbirth, or a related medical condition is prohibited.
• Retaliation: It is illegal to retaliate against an employee for filing a discrimination complaint, participating in a discrimination investigation or lawsuit, or opposing discrimination.
• Health Insurance: Health insurance provided by an employer must cover pregnancy-related expenses on the same basis as costs for other medical conditions.

California provides strong protections for pregnant employees, ensuring they have the right to take necessary leave and receive accommodations without fear of discrimination or retaliation. These rights are some of the most comprehensive in the United States, reflecting California’s commitment to protecting workers and promoting equality in the workplace.