Understanding protection from pregnancy discrimination in California

April 09, 2013

Understanding protection from pregnancy discrimination in California

Article provided by Larabee Law Firm
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Too often expecting mothers face bias and discrimination in the workplace. Federal law affords pregnant workers protection from being treated differently than other employees in the workplace, and federal law also provides an amount of unpaid leave time for certain working mothers and fathers with newborns. However, pregnant workers in California are given even greater rights under state law.

According to the National Partnership for Women & Families, women continue to face sex and pregnancy discrimination at work despite the large number of women in the workplace today. Moreover, strong negative stereotypes about the abilities of pregnant women remain a significant barrier to the advancement of women at work.

It's held as common wisdom that women fall behind in the workplace because of personal choice--the decision to have a child, but, according to research cited in the Harvard Business Review, women who have strong career objectives frequently encounter resistance in the workplace. Working mothers are no longer holding back and are more likely to file employment discrimination suits than ever before.

Protections and rights under federal law

Under the Pregnancy Discrimination Act of 1978, women in the workplace may not be treated adversely because of pregnancy, childbirth or other related medical conditions. This means employers may not treat pregnant women differently than other workers; however, employers are not required to make reasonable accommodations for pregnant women under the law. Under the Family and Medical Leave Act working mothers and fathers are provided a particular benefit--leave time.

The federal law provides that eligible employees of covered employers may take unpaid, job-protected leave for family and medical reasons. Specific to the birth of a child and the care of a newborn, a working mother or father covered by the law may take 12 workweeks of leave in a 12-month period within one year of the child's birth. Employees who work at companies with 50 or more employees are covered by the Act, and the FMLA generally applies to both private and public employees. Pregnant workers in California are given greater protection and rights.

Protections and rights under California law

Like federal law, it is illegal under state law for an employer to discriminate against or harass an employee because of her pregnancy. In addition, employers in California must provide reasonable accommodations to a pregnant employee when requested, with the advice of a health care provider.

Pregnant workers in California are given specific pregnancy leave when pregnancy, childbirth or a related medical condition interferes with one or more of the woman's essential work duties and is referred to as "pregnancy disability leave." A pregnant worker who meets the conditions for a pregnancy disability leave may take up to four months of leave. The leave time does not have to be taken all at once and may be taken for periodic absences related to pregnancy-related illnesses. In addition, the employee must provide the employer with at least 30 days notice prior before the pregnancy disability leave time begins, and the employer may require medical verification of the employee's inability to work.

A woman who takes pregnancy disability leave and returns within the four-month time period is guaranteed the right to return to her same position. Finally, a woman who takes pregnancy disability leave is also entitled to take leave under the California Family Rights Act. The rights under the CFRA are similar to the FMLA, and a woman eligible for CFRA leave can take up to four months of pregnancy disability leave for a pregnancy disability and can also be entitled to take up to 12 weeks of CFRA leave afterward to bond with the baby.

It's important to understand your rights as a worker in California. If you feel you are the subject of discrimination in the workplace, contact an experienced employment law attorney to discuss your rights.