Los Angeles Pregnancy Discrimination Lawyer

Pregnancy in the Workplace

It is inevitable that many employees will at some point be concerned that their pregnancy will affect their employment and livelihood.

Temporary or lifestyle choices, such as pregnancy and childbirth, or their related medical conditions, are equally afforded protections under the law, just like discrimination against permanent characteristics, such as gender or race. 

These protections are provided at both the federal and state level, and include everything from hiring, to other forms of discrimination, such as termination.

What is Considered Pregnancy Discrimination?

Pregnancy discrimination can occur in various forms. Some companies blatantly refuse to hire or promote pregnant women, because they do not want to “lose” any employee who goes out on pregnancy leave. Others are suddenly excluded from training or career development opportunities, or fired for “other reasons” after they disclose their pregnancy. In other cases, an employee is not able to return after maternity leave or is forced to return to a different position or pay.

“Paternalistic pregnancy discrimination” occurs when employers make decisions based on paternalistic assumptions that they are acting in the best interests of the employee, or fetus or baby. For example, in more blue collar industries, some employers may reassign a pregnant employee to lower paying work that is less physical or dangerous in the employer’s opinion.

Pregnancy discrimination can continue after birth, for example, with employees who are not accommodated for lactation needs. California statutes very clearly define how lactation needs should be met by employers.

The Pregnancy Discrimination Claims Process

A typical claims process may include first making a complaint to human resources (HR), or a supervisor, manager, or owner, who has the authority to resolve the issue. An employment contract or union agreement may also require some internal complaint or grievance be first filed, or in some cases, filing for arbitration may be your only option.

A charge may need to be filed with the Equal Employment Opportunity Commission (EEOC), or a complaint with the California Civil Rights Department. The EEOC or CRD may investigate, or upon request, issue a Right to Sue letter, so that the claims may be pursued through a civil action.

Laws Prohibiting Pregnancy Discrimination

At the federal level, the Americans with Disabilities Act (ADA), Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act, Pregnant Workers Fairness Act (PWFA), and Family and Medical Leave Act (FMLA), afford various forms of protection. 

The federal Pregnancy Discrimination Act of 1978 amended Title VII, and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The Pregnant Workers Fairness Act of 2023 extended federal protection to require accommodation of pregnancy related “limitations”, and not just disabilities. It also requires employers to temporarily excuse performance for essential job functions. 

In California, the Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDF), provide similar or additional protection. 

Accommodations for Pregnant Employees

Employers in California with five or more employees are obligated to reasonably accommodate an employee’s medical needs related to pregnancy, childbirth, or related conditions. This potentially includes transferring the employee to a different position or duties if available and medically needed. Employers must provide pregnancy disability leave (PDL) for up to four months under certain circumstances, and employees can return to the same job. PDL also includes additional or more frequent breaks, time off for medical appointments and medically ordered bed rest, and can include conditions associated with pregnancy, such as morning sickness and gestational diabetes.

Protections extend beyond birth, including providing reasonable break times and areas for related needs, such as a private lactation room. 

Workplace Rights for Nursing Mothers in California

After birth, work sites or offices may not be physically designed for new mothers, who are forced to use a degrading or unsanitary area, such as a supply closet, for lactation needs. California Labor Code section 1031 expressly provides that the lactation room must be private, in the place where the employee normally works, not a bathroom, close to the employee’s work area, shielded from view, free from intrusion, safe, clean, free of hazardous materials, contain a surface to place a breast pump and personal items, and have a sitting area, electricity, a sink with running water, and refrigerator or other cooling device.

Laws Protecting Your Right to Resume Your Career After Returning from Leave

Once an employee notifies the employer that the employee needs to take PDL, and the employee requests a written guarantee, the employer must provide it, stating that the employee can return to work in the same or comparable position. 

An employee may also take leave under the CFRA to bond with a new child. CFRA leave eligibility depends on the length and duration of employment prior to leave. 

Legal Remedies Available to Victims of Pregnancy Discrimination

The legal remedies available vary by case, but may include economic damages (such as lost back and front pay or wages), non-economic damages (pain and suffering or emotional distress), and punitive or exemplary damages (for oppressive, fraudulent, or malicious conduct), among others.

How Can a Los Angeles Pregnancy Discrimination Attorney Help My Case?

Pregnancy discrimination may be difficult to perceive or prove because it may often be subtle or discrete. For example, if someone is not hired for a position, one can only assume that it may have been because that person was pregnant. 

An experienced litigation attorney helps an employee identify the potential claims and ensures the valuations of those claims are fair and proper under the circumstances.