Pregnant employees are entitled to workplace protections under federal and state laws, ensuring they receive fair treatment and accommodations during pregnancy. If an employer discriminates against a pregnant worker or fails to provide necessary accommodations, legal action may be warranted. Understanding these rights can help employees safeguard their health, job security, and financial well-being.
Understanding Pregnancy Discrimination Laws
Pregnancy discrimination occurs when an employer treats a worker unfavorably due to pregnancy, childbirth, or related medical conditions. The following laws provide crucial protections:
Pregnancy Discrimination Act (PDA)
- Prohibits discrimination based on pregnancy, childbirth, or related conditions.
- Requires employers to treat pregnant employees the same as other workers with temporary disabilities.
- Covers employers with 15 or more employees.
Americans with Disabilities Act (ADA)
- Protects employees with pregnancy-related medical conditions that qualify as disabilities.
- Employers must provide reasonable accommodations unless it causes undue hardship.
- Covers employers with 15 or more employees.
Family and Medical Leave Act (FMLA)
- Grants eligible employees up to 12 weeks of unpaid, job-protected leave for pregnancy and childbirth.
- Applies to companies with 50 or more employees.
- Employees must have worked at least 1,250 hours over the past 12 months to qualify.
California Pregnancy Disability Leave (PDL)
- Provides up to four months of job-protected leave for pregnancy-related disabilities.
- Covers California employers with five or more employees.
- It can be used in addition to FMLA leave.
California Fair Employment and Housing Act (FEHA)
- Prohibits discrimination based on pregnancy.
- Requires reasonable accommodations, such as modified duties or more frequent breaks.
- Covers employers with five or more employees.
Common Forms of Pregnancy Discrimination
Despite clear legal protections, pregnancy discrimination still occurs in workplaces. Common violations include:
- Job Termination – Employers cannot fire an employee due to pregnancy.
- Denial of Accommodations – Reasonable workplace adjustments must be provided upon request.
- Forced Leave – Employees should not be forced to take leave if they can still perform their job duties.
- Retaliation – Employers cannot punish employees for requesting accommodations or exercising their rights.
- Denial of Promotions or Benefits – Pregnant employees must be treated equally in hiring, promotions, and benefits.
Reasonable Accommodations for Pregnant Employees
Pregnant workers may require specific accommodations to ensure a safe and healthy work environment. Employers must provide adjustments such as:
- Modified Work Duties – Lighter lifting or less physically demanding tasks.
- Additional Breaks – More frequent restroom or rest breaks.
- Flexible Schedules – Adjustments for prenatal appointments or reduced work hours.
- Remote Work Options – If feasible, working from home may be a suitable accommodation.
- Seating Arrangements – Providing a chair for jobs that typically require standing.
Steps to Take If You Face Pregnancy Discrimination
If an employer discriminates against a pregnant worker, the following steps can help protect their rights:
- Document Everything – Keep records of discriminatory behavior, denied accommodations, or retaliatory actions.
- Report the Issue – File a complaint with HR or a supervisor.
- Seek Legal Advice – Consult an attorney to explore legal options.
- File a Formal Complaint – Employees can file complaints with the EEOC or the California Department of Fair Employment and Housing (DFEH).
- Pursue Legal Action – If necessary, a lawsuit may be filed to recover damages.
Protect Your Workplace Rights
Every pregnant employee has the right to a safe and fair work environment. If you have faced discrimination, denial of accommodations, or retaliation, legal action may be necessary. Crown Law Group, PC can help you navigate your case and fight for justice. Call 310-734-0504 today to discuss your case and explore your legal options.
