Expectant employees are protected under both federal and state laws from discrimination in the workplace. However, understanding your rights and how to handle discriminatory behavior is essential for ensuring a safe and equitable working environment. This guide explains key pregnancy discrimination laws and what to do if your rights are violated.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfairly due to pregnancy, childbirth, or related medical conditions. This can include:
- Denying employment opportunities based on pregnancy status.
- Refusing reasonable accommodations for pregnancy-related needs.
- Terminating or demoting employees because of pregnancy or maternity leave.
- Retaliating against employees for asserting their rights.
Discrimination can take many forms, including hiring practices, promotions, job assignments, or termination.
Key Pregnancy Discrimination Laws
Several laws protect pregnant employees in the workplace, ensuring they have equal rights and opportunities.
1. The Pregnancy Discrimination Act (PDA)
The PDA, a federal law, prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. Employers must:
- Treat pregnancy-related conditions like any other temporary disability.
- Provide accommodations if similar conditions are accommodated for other employees.
2. California Fair Employment and Housing Act (FEHA)
California law provides robust protections for pregnant employees. Under FEHA:
- Employers with five or more employees must provide reasonable accommodations for pregnancy-related conditions.
- Employees may be eligible for pregnancy disability leave (PDL) for up to four months.
3. The Family and Medical Leave Act (FMLA)
Under FMLA, eligible employees may take up to 12 weeks of unpaid leave for pregnancy, childbirth, or to bond with a new child, with job protection guaranteed.
4. California Family Rights Act (CFRA)
Similar to FMLA, CFRA allows eligible employees to take up to 12 weeks of leave for pregnancy-related needs or child bonding. This leave is separate from PDL.
Common Examples of Pregnancy Discrimination
Pregnancy discrimination can be subtle or overt. Examples include:
- Refusing to hire: Rejecting a qualified candidate due to visible pregnancy or plans to have children.
- Unlawful termination: Firing an employee after learning of their pregnancy.
- Unequal treatment: Assigning less favorable tasks or cutting hours because of pregnancy.
- Retaliation: Punishing an employee for requesting accommodations or leave.
What to Do if You Experience Pregnancy Discrimination
If you suspect pregnancy discrimination, it is critical to take action. Here are the steps to protect yourself:
1. Document Everything
Keep records of incidents, including:
- Dates, times, and details of discriminatory behavior.
- Correspondence, emails, or text messages related to the discrimination.
- Witness names, if applicable.
2. Review Workplace Policies
Understand your company’s policies regarding discrimination, leave, and accommodations. This can guide your next steps when addressing the issue internally.
3. Report the Discrimination
Notify the appropriate person or department, such as:
- Human resources.
- A supervisor or manager, unless they are the source of discrimination.
Ensure your complaint is in writing and keep a copy for your records.
4. File a Complaint With a Government Agency
If the issue persists, you can file a complaint with:
- California Department of Fair Employment and Housing (DFEH).
- Equal Employment Opportunity Commission (EEOC).
Both agencies will investigate the claim and take necessary action.
5. Seek Legal Assistance
An experienced employment attorney can help you understand your rights, navigate the complaint process, and pursue a claim if necessary.
Your Rights to Reasonable Accommodations
Pregnant employees have the right to request reasonable accommodations, such as:
- Modified work duties or schedules.
- Access to seating or rest breaks.
- Temporary reassignment to avoid hazardous tasks.
Employers must engage in an interactive process to determine reasonable accommodations unless it causes undue hardship to the business.
How PLBH Can Help
Pregnancy discrimination is unacceptable, and you have the right to work in an environment free from bias. If you believe you’ve been discriminated against, PLBH can provide the legal support you need. Contact us at (800) 435-7542 to schedule a consultation and protect your rights as an expectant employee.