What is Pregnancy Discrimination at Work?

Pregnancy discrimination in the workplace occurs when an employer treats an employee or applicant unfairly because of pregnancy, childbirth, or related medical conditions. In California, state and federal laws protect workers who are pregnant, planning to become pregnant, or recovering from childbirth. These protections apply before, during, and after pregnancy and ensure employees are not denied jobs, promotions, or benefits because of their condition.

This overview outlines your legal rights, what employer conduct may constitute discrimination, and what steps you can take if your rights are violated.

For more detailed legal support, visit our dedicated pregnancy discrimination resource at Miracle Mile Law Group.

California and Federal Protections

Both California and federal laws prohibit pregnancy discrimination at work. California laws are generally more expansive and offer stronger protections than federal statutes.

These laws work together to offer job protection, temporary leave, reasonable accommodations, and protection from retaliation.

Examples of Pregnancy Discrimination

Pregnancy discrimination can take many forms. It may be direct or subtle and can occur before, during, or after pregnancy.

• Refusing to hire someone because they are pregnant or may become pregnant.
• Demoting or terminating an employee after disclosing their pregnancy.
• Failing to provide reasonable accommodations, such as more frequent breaks or modified duties.
• Harassing an employee about their pregnancy or making derogatory remarks.
• Reducing work hours or passing over a promotion after a pregnancy announcement.
• Denying leave for pregnancy-related conditions or childbirth recovery.
• Failing to reinstate an employee to their same or a comparable position after leave.
• Retaliating against an employee who complains about pregnancy discrimination.

Employers may try to justify these actions with vague reasons such as “restructuring” or “performance issues,” but timing and context often reveal discriminatory intent.

Employer Obligations

Under California law, employers must comply with several obligations related to pregnancy and childbirth, including the following:

• Provide up to 4 months of Pregnancy Disability Leave (PDL) for employees disabled by pregnancy, childbirth, or related conditions.
• Maintain the employee’s health benefits during PDL as if they were actively working.
• Reinstate the employee to the same or a comparable position upon return from leave.
• Engage in a good faith, interactive process to determine reasonable accommodations.
• Provide accommodations such as modified work duties, equipment, or transfers if medically necessary.
• Prevent and address harassment based on pregnancy status.

Employers may not force a pregnant employee to take leave if the employee is still able and willing to work. Nor can they penalize the employee for taking legally protected leave.

How to File a Complaint

If you believe you have experienced pregnancy discrimination at work, you have the right to file an administrative complaint before initiating a lawsuit. Here are the general steps:

1. Document the Discrimination: Keep records of statements, emails, memos, work evaluations, and incidents that reflect discriminatory treatment.
2. Report Internally (if safe to do so): Use the company’s HR or grievance procedures to report the issue. This may help show that you attempted to resolve the matter.
3. File a Complaint with the CRD or EEOC: You can file a complaint with California’s Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC). These agencies cooperate under a work-sharing agreement.
4. Obtain a Right-to-Sue Notice: After investigation, you may be issued a right-to-sue letter, which authorizes you to file a lawsuit in court. In California, you can also request an immediate right-to-sue notice without an investigation.
5. Consult an Employment Lawyer: Legal counsel can help you evaluate the strength of your case, preserve evidence, and file a timely complaint or lawsuit.

Strict deadlines apply when filing a claim. You generally have three years from the date of the discriminatory act to file a complaint with the CRD and 180 to 300 days for an EEOC complaint, depending on the circumstances.