Pregnancy discrimination

Under California law, pregnant women are protected from harassment and discrimination. Further, they are entitled to accommodations in their work duties and sometimes schedule to account for the pregnancy and pregnancy related health issues. Pregnant women are also entitled to take leave from work for the birth of the baby.

An employer may not harass a female employee on the basis of pregnancy, or for getting pregnant. This type of harassment is usually considered both sex harassment and pregnancy harassment, because comments and behavior are usually directed to one sex specifically. Generally, the unlawful conduct must be considered severe and pervasive to be actionable.

It is also unlawful for an employer to discriminate against a female employee on the basis of pregnancy. An employer may not refuse to hire, demote (or change employment terms), or fire a woman because she is, or is planning on becoming, pregnant.

In California, an individual who has experienced a violation of their rights must file a complaint with the Department of Fair Employment and Housing (DFEH) within one year of the conduct or their right to pursue legal action may be forever barred. If you believe you have been the victim of harassment or discrimination because of your pregnancy, please click here, and contact this office immediately.