In California, employees are protected from pregnancy-related harassment under both state and federal laws.
The primary state law is the California Fair Employment and Housing Act (FEHA), which is more inclusive and offers broader protections than federal statutes such as the Pregnancy Discrimination Act (PDA) and the Family Medical Leave Act (FMLA).
Key Rights Under FEHA Against Pregnancy Harassment
- Protection from Harassment: FEHA prohibits harassment based on pregnancy, childbirth, or related medical conditions. Employers are required to provide a workplace free of harassment for all employees, including pregnant employees, and to take immediate and appropriate action when they become aware of harassment.
- Employer Responsibility: Employers have a duty to prevent and correct harassment. This includes training supervisors and employees, enforcing anti-harassment policies, and taking effective measures to stop harassment if it occurs.
- Co-worker and Third-Party Harassment: Similar to other forms of harassment, employers are also liable for harassment by an employee’s, including pregnant employees, co-workers and third parties such as customers or vendors if the employer knows about the harassment and fails to take appropriate corrective action.
- No Retaliation: Employees are protected from retaliation if they complain about pregnancy-related harassment, participate in any investigation, or testify in any proceeding regarding the harassment.
- Job Protection: Employees may be eligible for up to 12 weeks of job-protected leave for family and medical reasons, including the birth, adoption, or placement of a child.
- Reasonable Accommodations: Employers with five or more employees to provide reasonable accommodations for pregnant employees.
Examples of Pregnancy Harassment
- Example 1: A pregnant worker frequently receives unsolicited comments about her body and pregnancy from her colleagues, which makes her feel uncomfortable and degraded. Despite her complaints, her supervisor dismisses the comments as “just jokes” and takes no action to address the situation.
- Example 2: After announcing her pregnancy, an employee starts facing derogatory remarks from her manager, who also implies that her pregnancy will make her less competent at her job. The manager’s behavior creates a hostile work environment based on pregnancy.
- Example 3: A pregnant employee is subjected to persistent questioning by her employer about her health, her ability to continue working, and her commitment to her job post-birth. This intrusive behavior, coupled with negative comments about her taking maternity leave, contributes to a hostile work environment.
- Example 4: An employee is teased and mocked by co-workers about her frequent bathroom breaks due to her pregnancy. The co-workers also leave demeaning notes at her desk, ridiculing her physical changes. The employer ignores the behavior when informed.
- Example 5: A newly hired employee discovers she is pregnant shortly after beginning her position. Acting responsibly, she informs her employers about her pregnancy. However, upon receiving this information, the company makes the discriminatory decision to terminate her employment solely based on her pregnancy status.
- Example 6: A pregnant worker employed in a position that demands frequent mobility and prolonged standing has requested reasonable accommodations from her employer. Specifically, she has asked for additional rest breaks and the provision of a stool to alleviate the physical strain associated with her pregnancy. However, her employer has refused to grant these requested accommodations, despite their potential to improve her comfort and well-being in the workplace.
Pregnancy-related discrimination can persist beyond pregnant workers, affecting new mothers in various aspects of their employment. This pregnancy-related discrimination may manifest in several ways, potentially impacting an employee’s career trajectory, work environment, and overall job satisfaction.
Examples of Pregnancy-Related Discrimination
- A recently returned employee is facing challenges in her workplace regarding lactation accommodations. The employer has failed to provide adequate facilities for expressing breast milk, violating both the employee’s rights and legal requirements
- When a previously pregnant employee returns from maternity leave, she is shocked to find that all her former duties have been reassigned or eliminated.
California’s robust legal framework ensures strong protections for pregnant employees, emphasizing the state’s commitment to a safe, respectful, and inclusive workplace environment.
Pregnant employees are entitled to a workplace free from discrimination, where they can perform their duties without prejudice or unfair treatment based on their pregnancy status.
We understand how intimidating it can be to speak out against pregnancy discrimination, especially when it involves your employer, a large corporation, or others who hold power over you. The Pregnancy Discrimination Act provides important protections, but confronting unfair treatment can still feel overwhelming. While legal cases involving pregnancy discrimination can be lengthy and complicated, our experienced team will guide you through every step of the process.
We’ll ensure you fully understand your rights under the Pregnancy Discrimination Act, explore all available options, and work tirelessly to achieve a result that protects your career and well-being. Whether you’re facing unfair treatment during pregnancy, discrimination after returning from maternity leave, or any other form of pregnancy-related workplace issues, we’re here to support you and fight for the justice you deserve under federal and state laws.
If you need a pregnancy harassment lawyer, do not hesitate to contact us for a confidential consultation to discuss your situation and legal rights.
Learn More About Our Workplace Harassment Law Team >>
