California Pregnancy Harassment Lawyers

In California, employees are protected from pregnancy-related harassment under both state and federal laws. The primary state law is the California Fair Employment and Housing Act (FEHA), which is more inclusive and offers broader protections than federal statutes such as the Pregnancy Discrimination Act (PDA) and the Family Medical Leave Act (FMLA).

Key Rights Under FEHA Against Pregnancy Harassment

• Protection from Harassment: FEHA prohibits harassment based on pregnancy, childbirth, or related medical conditions. Employers are required to provide a workplace free of harassment for all employees, including pregnant employees, and to take immediate and appropriate action when they become aware of harassment.
• Employer Responsibility: Employers have a duty to prevent and correct harassment. This includes training supervisors and employees, enforcing anti-harassment policies, and taking effective measures to stop harassment if it occurs.
• Co-worker and Third-Party Harassment: Similar to other forms of harassment, employers are also liable for harassment by an employee’s co-workers and third parties such as customers or vendors if the employer knows about the harassment and fails to take appropriate corrective action.
• No Retaliation: Employees are protected from retaliation if they complain about pregnancy-related harassment, participate in any investigation, or testify in any proceeding regarding the harassment.

Examples of Pregnancy Harassment

• Example 1: A pregnant employee frequently receives unsolicited comments about her body and pregnancy from her colleagues, which makes her feel uncomfortable and degraded. Despite her complaints, her supervisor dismisses the comments as “just jokes” and takes no action to address the situation.
• Example 2: After announcing her pregnancy, an employee starts facing derogatory remarks from her manager, who also implies that her pregnancy will make her less competent at her job. The manager’s behavior creates a hostile work environment based on pregnancy.
• Example 3: A pregnant employee is subjected to persistent questioning by her employer about her health, her ability to continue working, and her commitment to her job post-birth. This intrusive behavior, coupled with negative comments about her taking maternity leave, contributes to a hostile work environment.
• Example 4: An employee is teased and mocked by co-workers about her frequent bathroom breaks due to her pregnancy. The co-workers also leave demeaning notes at her desk, ridiculing her physical changes. The employer ignores the behavior when informed.

California’s robust legal framework ensures strong protections for pregnant employees, emphasizing the state’s commitment to a safe, respectful, and inclusive workplace environment.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.