Pregnancy Discrimination

An employer who has shown to have discriminated against a pregnant employee or applicant has technically committed gender-based discrimination. Workers have every right to pursue creating a family while being employed in California, in addition to 12 weeks of family leave under the California Family Rights Act and federal Family Leave and Medical Act. Pregnant employees experiencing pregnancy-based medical conditions, may qualify for additional time off.

Under California law, an employer may not:

  • Fire an employee because she is pregnant
  • Refuse to hire an otherwise qualified woman because she is pregnant
  • Require a pregnant employee to bring a doctor’s note verifying her ability or inability to work when other employees are not required to follow similar protocol if they are injured or ill
  • Fail to restore an employee who returned from pregnancy leave to her former position or one like it
  • Treat an employee differently because she is pregnant, including demoting her, decreasing her hours, or removing privileges / responsibilities
  • Enact a rule that employees may not return to work for a certain amount of time before or after giving birth
  • Penalize an employee who takes time off for prenatal doctor appointments when other employees are not penalized when they leave for medical reasons
  • Ignore an employee who is otherwise qualified for a promotion or pay raise because she is pregnant

If you’d like to learn more about your rights, contact Jeannette for a free consultation at (415) 444-5800 or by filling out a confidential consultation form here.