Pregnancy is a significant life event that brings about many changes and considerations, one of which is employment security. Tragically, many pregnant workers go through significant anxiety at the prospect of informing their employer of their pregnancy for fear of losing their job before they can go on maternity leave.
Fortunately, these fears are largely unfounded. If you are pregnant, you enjoy legal protections against retaliation or wrongful termination under both California state law and federal law. If discriminatory behavior or wrongful termination does occur, you have legal tools available to you for vindicating your rights.
California’s Fair Employment and Housing Act (FEHA)
In California, the Fair Employment and Housing Act (FEHA) offers robust protections for pregnant employees. Under FEHA, it is unlawful for employers to discriminate against employees based on pregnancy, childbirth, or related medical conditions. This means that an employer cannot fire, demote, or retaliate against an employee simply because she is pregnant.
FEHA requires employers to provide reasonable accommodations to pregnant workers, such as modified work duties or additional breaks, to ensure their safety and health. If an employee cannot perform her regular employment duties due to her pregnancy, her employer must treat her just like any other employee with a temporary disability. This includes providing leave or reasonable job modifications that are necessary for the employee’s well-being.
Federal Protections: The Pregnancy Discrimination Act
On the federal level, the Pregnancy Discrimination Act (PDA) offers similar protections. The PDA is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or medical conditions that result from pregnancy. Under the PDA, pregnant workers must be treated equally to other employees with similar abilities or limitations.
The PDA ensures that employers cannot refuse to hire, terminate, or otherwise discriminate against a woman because of her pregnancy. It also mandates that any health insurance provided by the employer must cover expenses related to pregnancy on the same basis as other medical conditions.
What to Do If You Face Discrimination
If a pregnant worker in California believes she has been discriminated against, there are several steps to take. First, document any incidents or communications that suggest discrimination or retaliation. Keeping a detailed record can be crucial in any subsequent legal proceedings.
Next, speak with an attorney experienced in employment law matters to explore the options available to you in your individual case. For example, filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) could be a viable next step. These agencies are responsible for enforcing FEHA and the PDA, respectively. You could also bring legal action to obtain compensation for the salary and other benefits that were wrongfully taken from you.
California and federal law empower pregnant workers to advocate for their rights and ensures they are treated fairly in the workplace. Expecting mothers can confidently relax knowing that their employment is protected during this important time in their lives.