Discrimination based on pregnancy is illegal. Federal and many state laws prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. Federal law applies to all employers with 15 or more employees.
California law applies to all employers with 5 or more employees.
Pregnancy discrimination comes in many forms. Pregnancy discrimination can include all of the following actions by an employer: refusing to hire a pregnant applicant; firing or demoting a pregnant employee; denying the same or a similar job to a pregnant employee when she returns from a pregnancy-related leave; and treating a pregnant employee differently than other temporarily disabled employees.
Your employer must give pregnant employees the same treatment and benefits that it gives to employees with other temporary disabilities.
Your employer must provide you with any reasonable accommodation for pregnancy, childbirth, or related medical conditions that you request with the advice of your health care provider (e.g., changing your break schedule to allow for more bathroom visits)If you reside in California, you have the right to reasonable accommodations.
You have the right to be transferred to a less strenuous or dangerous position during your pregnancy if you provide medical certification of your doctor and your employer can accommodate the request. You can also get a transfer if your employer has a policy of transferring temporarily disabled employees to less strenuous positions. When your doctor says that the transfer is no longer medically needed, you have the right to your old job back.
The California Pregnancy Discrimination Law (“PDLL”)[Government Code § 12945(a), 2 Cal Code Regs. §§7291.2-7291.16] requires California employers to provide up to four (4) months of leave [88 days] for employees actually disabled by pregnancy or pregnancy-related conditions.
The time is often taken all at once during the few weeks before and after delivery, but can be taken at any time throughout and after the pregnancy intermittently. In other words, you may take a block of time off like a week or a month, or you may take time off for several hours to accommodate morning sickness, prenatal visits, complications, recovery, etc.
The California PDLL also entitles pregnant workers to a reasonable accommodation of their pregnancy or pregnancy related problems like morning sickness. Pregnant workers may be entitled to temporarily transfer to a less stre
If you believe you have suffered from pregnancy discrimination, speak to a lawyer who knows pregnancy discrimination law. You should be able to get a free consultation.nuous position (if such a job is available) for the duration of their pregnancy, then return to their prior position when they are ready and able to do so. However, no employer shall be required to create additional employment that the employer would not otherwise have created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.
An employee who wants Pregnancy Disability Leave must provide her employer with notice of her need for leave at least 30 days before the leave is to begin (verbal or written). If 30 days’ advance notice is not practicable, due to a lack of knowledge of when leave will begin, a change in circumstances, or a medical emergency, the employee must notify the employer as soon as possible. An employer may require a medical certification, which means written communication from the employee’s health care provider stating that she is disabled due to pregnancy, and which contains the date the employee became disabled due to pregnancy, the probable duration of her disability, and an explanatory statement that, due to the disability, the employee is unable to work at all or unable to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons.