Pregnancy is an exciting and life-changing event, but it can also bring challenges in the workplace. Unfortunately, pregnancy discrimination is a reality many employees face, despite laws in place to protect them.
If you’ve experienced unfair treatment at work due to pregnancy, it’s important to understand your rights and how to protect them. In this guide, we’ll explain what pregnancy discrimination is, your legal rights as an employee, and what steps you can take if you believe your rights have been violated.
What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfavorably due to pregnancy, childbirth, or a medical condition related to pregnancy. This type of discrimination can take many forms, from denying a promotion or job opportunity to terminating employment or reducing work hours because of pregnancy.
Forms of Pregnancy Discrimination
Pregnancy discrimination can manifest in various ways, including:
- Refusing to hire someone because they are pregnant or plan to become pregnant
- Denying a pregnant employee a promotion or salary increase
- Failing to provide reasonable accommodations for pregnancy-related conditions
- Requiring a pregnant employee to take leave earlier than requested
- Terminating or demoting an employee because of their pregnancy
These actions are illegal under federal and state laws, which aim to ensure pregnant employees receive fair treatment and equal opportunities in the workplace.
Legal Protections Against Pregnancy Discrimination
Several laws protect employees from pregnancy discrimination, ensuring their right to work in a safe and fair environment. Understanding these laws is key to asserting your rights.
The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers with 15 or more employees must treat pregnant employees the same as any other employee with a temporary disability. This includes providing reasonable accommodations and allowing the employee to continue working as long as they are able.
The California Fair Employment and Housing Act (FEHA)
In addition to the PDA, the California Fair Employment and Housing Act (FEHA) offers further protections for pregnant employees. FEHA applies to employers with five or more employees and prohibits pregnancy discrimination in hiring, promotion, termination, and other employment practices. It also requires employers to provide reasonable accommodations, such as modified duties or additional breaks, for pregnant employees.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for pregnancy, childbirth, and bonding with a newborn. While FMLA leave is unpaid, it protects your job, ensuring that you can return to the same or a similar position after your leave. California’s Pregnancy Disability Leave (PDL) also provides additional job-protected leave for pregnancy-related conditions.
Reasonable Accommodations for Pregnant Employees
Pregnant employees have the right to request reasonable accommodations to help them perform their job duties while managing their pregnancy. Employers are required by law to provide accommodations unless doing so would cause undue hardship to the business.
Examples of Reasonable Accommodations
Reasonable accommodations for pregnant employees can vary depending on the nature of the job and the employee’s medical needs. Common accommodations may include:
- Modified work duties to avoid heavy lifting or standing for long periods
- More frequent or longer breaks to manage fatigue or nausea
- Temporary changes to work hours or schedules
- Access to a chair or seating while performing tasks
- Additional restroom breaks
If you need accommodations during your pregnancy, it’s important to communicate your needs to your employer and provide medical documentation if necessary.
What to Do If You Experience Pregnancy Discrimination
If you believe you’ve been subjected to pregnancy discrimination, it’s crucial to take action to protect your rights. Here are the steps you can take:
1. Document the Discrimination
Keep detailed records of any incidents of discrimination, including dates, times, and the names of those involved. Save any emails, texts, or other communications that may support your claim. Documentation will be important if you decide to file a complaint or take legal action.
2. Report the Discrimination to Your Employer
Most companies have internal procedures for addressing discrimination complaints. Report the issue to your supervisor, human resources department, or another designated individual within the company. Be sure to document your report and any responses you receive from your employer.
3. File a Complaint with the EEOC or DFEH
If your employer does not resolve the issue, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies investigate claims of discrimination and can take action against employers who violate the law.
4. Consult with a Workers’ Rights Attorney
If you are facing pregnancy discrimination and need legal guidance, working with an experienced attorney can help you navigate the process. An attorney at PLBH can evaluate your case, explain your legal options, and represent you in pursuing compensation for the discrimination you’ve faced.
Protect Your Rights as a Pregnant Employee
Pregnancy should be a time of joy, not stress caused by unfair treatment at work. If you’ve experienced pregnancy discrimination or need help understanding your rights, contact PLBH at (800) 435-7542. Our team of skilled attorneys is here to help you protect your rights and secure fair treatment in the workplace.