Pregnancy Discrimination
A type of sex or gender discrimination [gender discrimination page], Pregnancy discrimination or pregnancy-related discrimination occurs when an employer treats you with less favor than any other worker because of your
- pregnancy,
- childbirth, or
- related medical-condition
There are numerous examples of pregnancy discrimination in the workplace, including:
- firing you or laying you off because you got pregnant,
- harassing you because of your pregnancy,
- not promoting you because you are pregnant,
- offering worse compensation, such as pay or fringe benefits, including health insurance, because you are pregnant,
- demoting you,
- not providing reasonable accommodations for your condition, such as light duty work,
- refusing to hire you because you are pregnant or intend to become pregnant,
- not allowing you to take pregnancy leave or sick leave,
- refusing to let you partake in job training,
- not providing lactation breaks so you can pump breast milk, and
- retaliating against you for sending a pregnancy discrimination demand letter or filing a lawsuit.
Pregnancy discrimination by employers is illegal under both the California Fair Housing and Employment Act (“FEHA”) and Pregnancy Discrimination Act (“PDA”). Under FEHA, it is also unlawful for an employer to discriminate against you on the basis of race, religion [religious discrimination page], gender, or certain medical conditions.
In addition, there are other laws that aim to protect pregnant employees including:
- the federal Family and Medical Leave Act (FMLA), which grants up to 12 weeks of unpaid leave for serious health conditions including pregnancy-related disabilities;7
- California’s Pregnancy Disability Leave Law (PDL), which grants up to four months of unpaid leave for pregnancy-related disabilities;
- the California Family Rights Act (CFRA), which grants up to 12 weeks of baby-bonding leave; and
- California State Disability Insurance (SDI) program, which provides up to four weeks of paid leave for a pregnancy-related disability and eight weeks of paid leave for baby-bonding.
- Laws on lactation breaks [lactation breaks page] and pumping breast milk (Labor Code section 1030)
If you are in San Francisco, you may be entitled to six weeks of extra pay for baby-bonding.
DO YOU HAVE ANY QUESTIONS?
Frequently Asked Questions
What is pregnancy discrimination?
Pregnancy discrimination occurs when an employer treats you unfavorably because of pregnancy, childbirth, or related medical conditions. This includes firing, refusing to hire, demoting, or denying reasonable accommodations to pregnant employees.
How do I prove pregnancy discrimination?
Document the timeline between announcing your pregnancy and adverse employment actions. Gather evidence of how non-pregnant employees were treated differently. Keep records of all communications with your employer about your pregnancy and accommodations.
How much can I sue for pregnancy discrimination?
Compensation varies based on your losses and may include back pay, front pay, emotional distress damages, and attorney’s fees. Egregious cases may warrant punitive damages. An attorney can evaluate the potential value of your specific case.
Can I be fired while pregnant in California?
No, California law prohibits firing employees because of pregnancy. You’re also entitled to pregnancy disability leave and reasonable accommodations. However, employers may take legitimate, non-discriminatory actions unrelated to your pregnancy.
