Legal Protections Against Pregnancy Discrimination in the Workplace

March 01, 2012

A business executive is passed over for an important assignment after she announces her pregnancy. A single mother is verbally harassed by co-workers about her pregnancy. A waitress is denied extra rest breaks medically needed to help keep her pregnancy-induced high blood pressure under control. An office worker is hired, but the employer changes its mind after finding out she is expecting.

All of these situations constitute potentially illegal pregnancy discrimination under federal employment law, and under the discrimination laws of most states. Unfortunately, these are typical examples of practices that are not uncommon in the workplace.

The major federal laws dealing with pregnancy discrimination and rights are:
- The Pregnancy Discrimination Act: Forbids employers from treating women negatively in employment or allowing harassment in the workplace because of pregnancy, childbirth or related medical conditions; employment-based health insurance must cover pregnancy like other medical conditions; single women must get pregnancy-related benefits equally with married women; employers may not retaliate against anyone for raising pregnancy discrimination complaints or for cooperating in related investigations or lawsuits
- The Americans With Disabilities Act: Certain pregnancy-related diseases like preeclampsia or gestational diabetes may qualify as disabilities that require reasonable workplace accommodations
- The Family and Medical Leave Act: FMLA requires that eligible employees be allowed to take 12 weeks of unpaid leave (or paid if employer provides it) to be with newborns
- The Fair Labor Standards Act: Provides that employers must allow nursing mothers reasonable breaks to express breast milk for up to one year after birth; must provide a private room for such purpose that is not a bathroom

In addition to federal pregnancy discrimination laws, most states provide additional protections. In California, for example, under the Fair Employment and Housing Act, pregnancy discrimination in application for and holding employment is part of illegal sex discrimination. This also includes discrimination based on "medical conditions related to pregnancy or childbirth."

FEHA specifically prohibits employers from harassing, demoting, terminating or otherwise singling out or discriminating against any employee for becoming pregnant, or for requesting or taking pregnancy leave. The Act applies to all California employers regularly employing five or more full-time employees in the preceding year.

In addition, the California Pregnancy Disability Leave Law -- known as the PDLL -- obligates California employers to provide as much as four months of leave for employees actually disabled by pregnancy or pregnancy-related conditions. This leave can be taken all at once or intermittently, in different amounts over time.

California has other particularized laws relating to pregnancy. For example, after the employee has given birth she may be entitled to an additional 12 weeks of leave "for the reason of the birth of a child" under the California Family Rights Act, which is California's version of the FMLA. The availability of CFRA leave for the birth of a child depends on a number of qualifying factors.

Each of these federal and state laws apply to particular, albeit wide, groups of employers and may have certain eligibility requirements for employees.

If you experience negative consequences at work because of your pregnancy, pregnancy-related conditions or pregnancy-related leave, talk to an employment discrimination lawyer about your rights and possible legal remedies against your employer. Those remedies under federal or state law could potentially consist of rehiring, compensatory damages like back pay or front pay, an award to cover emotional distress, punitive damages (to punish the employer), attorneys fees and more, depending on the circumstances.

Article provided by The Rubin Law Corporation
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