Pregnancy Discrimination
Some employers discriminate against pregnant women. They simply do not want to deal with a female employee who is going through pregnancy or face the added responsibility of raising a family.
What Constitutes Pregnancy Discrimination?
- Demotion before, during or immediately following your leave.
- Wrongful termination before, during, or following your leave.
- Removal of responsibilities.
- Interference with family leave or paid maternity leave.
Leave Rights for Pregnant Workers
Women are entitled to protection from pregnancy discrimination and violations of the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
Under the FMLA, pregnant women are granted up to three months of unpaid leave in which their employer must hold their job open for them. The California Pregnancy Discrimination Act provides additional protection from pregnancy discrimination.
California Pregnancy Disability Leave Law (CPDLL) permits a female employee up to four months leave for the period during which she is disabled due to pregnancy, childbirth, or a related medical condition.
You are considered disabled if you are unable to perform one or more essential functions of your job due to pregnancy or a related health condition. If your doctor says you can work an intermittent schedule or have a reduced workload, your employer must accommodate. This can include changing duties of the current position or moving you to a position with equivalent pay and benefits for which you are qualified. You are required to provide medical verification from your doctor.