Employers are prohibited from discriminating against expectant mothers under federal and California law. Both Title IV of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA) provide that a pregnant employee must be treated the same for all employment-related purposes. Furthermore, employers must accommodate a pregnant employee as they would an employee who is temporarily disabled, such as adjusting work duties and schedules.
California’s FEHA prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. It is illegal for an employer to do any of the following activities based on the fact that an employee is pregnant:
- refuse to promote a pregnant employee
- discharge a pregnant employee
- discriminate against a pregnant employee in terms, conditions, or privileges of employment
- refuse to allow a pregnant employee the same benefits allowed other employees
- refuse to allow a pregnant employee up to four months of leave
- refuse to transfer a pregnant employee to a less strenuous or hazardous position if she requests a transfer and it can be reasonably done
- refuse to provide a pregnant employee’s request for reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions
A pregnant employee is afforded numerous protections under Federal and State Law. This includes the right to reasonable accommodations, pregnancy leave and the right to return to work and retain her job after pregnancy leave.
If you feel you have been the victim of pregnancy discrimination, or been denied accommodation as a result of a pregnancy, or been treated unfairly by your employer as a result of your pregnancy, contact the Stanley C. Franklin law firm where we can evaluate your claim and advise you of your rights.