Compassionate Pregnancy Discrimination Attorneys Serving San Francisco, CA
Pregnancy discrimination occurs when an individual is treated unfairly in their workplace or during the hiring process due to pregnancy, childbirth, or related medical conditions. It is illegal under laws such as the Pregnancy Discrimination Act (PDA) in the United States, which amended Title VII of the Civil Rights Act of 1964. The PDA prohibits employers from discriminating based on pregnancy, childbirth, or related medical conditions in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other terms of employment. If you have been discriminated against due to pregnancy, contact our San Francisco pregnancy discrimination lawyer today.
Employers must treat pregnant employees in the same way they treat other employees who are temporarily disabled or have medical limitations. Additionally, under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for childbirth or to care for a newborn or a newly adopted child, among other reasons.
In California, pregnancy discrimination is strictly prohibited under both federal and state laws, providing some of the strongest protections for pregnant employees in the U.S. State law, specifically under the California Fair Employment and Housing Act (FEHA), which goes beyond federal standards and offers additional rights to pregnant employees.
Legal Protections Against Pregnancy Discrimination
- California Fair Employment and Housing Act (FEHA): Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. FEHA applies to employers with five or more employees and covers all aspects of employment, including hiring, firing, promotions, benefits, and working conditions.
- Pregnancy Disability Leave (PDL): Under California law, pregnant employees have the right to take up to four months of job-protected leave for pregnancy-related disabilities. This leave is available for employees who are actually disabled by pregnancy, childbirth, or a related medical condition (e.g., severe morning sickness, post-partum depression, or recovery from childbirth). PDL may be taken continuously or intermittently, depending on the medical needs. During PDL, the employer must continue to provide health insurance coverage on the same terms as before the leave.
- Reasonable Accommodations: Employers are required to provide reasonable accommodations for pregnant employees if requested with the advice of a healthcare provider. Examples of accommodations include modifications to duties, and schedules, more frequent breaks, or transfer to a less strenuous or hazardous position.
- California Family Rights Act (CFRA): Employees eligible under CFRA may take up to 12 weeks of unpaid, job-protected leave to bond with a new child (biological, adopted, or foster), in addition to PDL if applicable. CFRA applies to employers with five or more employees and covers employees who have worked for their employer for at least 12 months and have completed 1,250 hours of work in the 12-month period prior to taking the leave.
- Lactation Accommodation: California law requires employers to provide a reasonable amount of break time and a private location (other than a bathroom) for employees to express breast milk for their infant children.
Examples of Pregnancy Discrimination
Pregnancy discrimination may take various forms, such as:
- Denying a pregnant employee a promotion or assignment based on her pregnancy status.
- Refusing to hire an applicant because she is pregnant or may become pregnant.
- Forcing a pregnant employee to take leave when she is able to perform her job duties.
- Retaliating against a pregnant employee for requesting accommodations or taking leave.
- Refusing to promote a pregnant employee due to assumptions about their ability to perform work.
- Denying reasonable accommodations that would enable the employee to perform their job, such as lighter duties or schedule adjustments, provided such accommodations are available to other employees with temporary conditions.
- Terminating employment or reducing work hours based on the employee’s pregnancy status.
- Withholding benefits, such as health insurance, that are available to other employees with similar medical needs.
Pregnant employees who believe their rights have been violated can file a complaint with the California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing) or pursue legal remedies through the courts. Our esteemed San Francisco pregnancy discrimination attorney can also assist in filing these complaints.
Contact Our San Francisco Pregnancy Discrimination Lawyer Today
