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You should be focused on your pregnancy and welcoming a new life, not worrying about your job security. Discrimination isn’t always obvious, especially when it’s pregnancy discrimination in the California workplace. You may not be outright fired. Instead, your schedule could have changed, or there may be a sudden and unexpected performance write-up. Management could conveniently leave you out of updates and meetings. Where is the line between unfair treatment and discrimination? Understanding your rights and what to do if you suspect discrimination can give you peace of mind while preparing to welcome your new bundle of joy.
California Government Code section 12940 of the Fair Employment and Housing Act (FEHA) protects employees who work for an employer who has five or more employees. Qualifying employers are prohibited from treating pregnant employees worse than comparable non-pregnant employees during hiring, pay, promotion, discipline, or termination decisions. This treatment cannot be done based on the employee’s pregnant status or a medical condition related to pregnancy.
California takes protections a step further with the “substantial motivating factor” test. California also recognizes that pregnancy does not have to be the only reason for an adverse employment decision. Under Harris v. City of Santa Monica, an employee must show that pregnancy, childbirth, or a related medical condition was a substantial motivating factor in the decision. Covered pregnancy-related medical conditions can vary but often include:
Discrimination can take many forms. That makes discrimination lawsuits unique and fact-based. Knowing commonly recognized workplace discriminatory actions can help you keep an eye out for potentially harmful or unfair treatment. Pregnancy discrimination in the California workplace can include the following:
Discrimination isn’t always obvious or explicitly stated. It also may not be a singular event. For many employees, it could be a subtle shift in treatment over time. This can make it more difficult to identify discrimination. Speaking with an employment attorney can help you evaluate treatment changes and determine if they equate to workplace discrimination.
It’s common during pregnancy to adjust your routine to accommodate your changing physical needs and abilities. While you have complete control over your home and personal life, you may need to request accommodations from your employer to be able to make adjustments while working. Under Government Code section 12945, employers are required to give pregnant employees reasonable accommodations. Pregnancy accommodations can take many forms:
While reasonable accommodation protections are separate from anti-discrimination protections, they have their limits. Employers aren’t required to automatically approve every accommodation request. It can feel like a negotiation where the employer asks for documentation and makes a counteroffer. The employee can accept the employer’s proposal or make their own counteroffer.
Employees have multiple layers of support and protection when it comes to pregnancy discrimination in the California workplace. However, these protections are commonly confused or blended together, which can create misunderstandings about how much leave time you are truly entitled to. Under section 12945, employees are entitled to pregnancy disability leave. This leave time can be up to four months of job-protected leave, covering the pregnancy, childbirth, and a related condition.
After this disability period ends, California Government Code section 12945.2 the California Family Rights Act steps in. It can add up to 12 additional weeks of bonding leave. This time can be available for either parent. Mothers could potentially have both types of leave available to them, running consecutively.
There’s an additional element of protection to consider. The federal Pregnant Workers Fairness Act addresses accommodation requirements for larger employers. When employees qualify for federal and state protections, the one that controls is the one that benefits the employee more. For California employees, the state law generally provides greater protections for this benefit.
If you suspect that your employer has discriminated against you or incorrectly denied your accommodation request, you have legal recourse. Your first steps are to make sure you have everything in writing. Put your accommodation request in writing if they aren’t already. Keep a copy of your employer’s written denial. If you haven’t already been provided with a reason for the denial, request one. Save copies of any emails, chat messages, texts, and performance reviews. These can be helpful to show a change in treatment from before your employer knew about the pregnancy to after.
If you are ready, you can file a formal complaint with the California Civil Rights Department. They investigate FEHA violations concerning pregnancy discrimination in the California workplace. If appropriate, you will be issued a right-to-sue notice. At this point, you’ll be able to file a civil lawsuit. A California employment attorney can assist you with filing your complaint and subsequent lawsuit. Their legal experience and knowledge can provide valuable guidance in evaluating your claim and potential damages.
Being pregnant and giving birth should be an exciting time. It shouldn’t put you in fear of losing your position or your job entirely. California’s statutes provide real protections for growing families. So if something feels off, speaking with a lawyer can give you legal insight. The passionate attorneys at ADZ Law represent clients who suspect they may have been subjected to pregnancy discrimination in the California workplace. Schedule a confidential consultation online or call 650-458-2300 to speak with our attorneys about your employment experience while pregnant.
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