What is Pregnancy Discrimination?
Pregnancy discrimination in the workplace occurs when an employer engages in an adverse employment action against an employee or applicant because of their actual or perceived pregnancy status. Pregnancy status includes actual pregnancy, plans to become pregnant, or pregnancy-related medical issues.
Adverse employment actions can take many forms, but the most common examples include the following:
- Failure to hire
- Refuse to promote
- Demotion
- Termination
- Failure to provide workplace accommodation
- Scheduling poor or difficult work hours
- Assigning unmanageable workloads
- Poor performance reviews
- Disciplinary action
- Reassignment to a less desirable department or location
- Refuse to train or provide additional professional development
- Suspension
It is important to note that an employee can suffer pregnancy discrimination for their actual or perceived pregnancy status. This means that if an employer engages in adverse employment actions because they believe that an employee is pregnant or plans to be they can be liable in a pregnancy discrimination case, even if ultimately it is discovered that the perceived situation was not true.
Workplace Accommodations for Pregnancy
Because pregnant women are not always able to perform every aspect of their job during pregnancy, the California Fair Employment and Housing Act requires employers to make reasonable workplace accommodations for pregnant employees. Examples of common accommodations include:
- Allowing additional rest or bathroom breaks
- Providing a stool or chair
- Temporary reassignment or modification of job duties
- Assistance with physical tasks
- Leave of absence for pregnancy-related medical issues
One common way of discriminating against pregnant employees is to refuse to accommodate their needs even if they are easy and reasonable for the employer to do.
Entitlement to Pregnancy Disability Leave
California is also one of the only states that protects pregnant employees if they need to take disability leave for a pregnancy-related medical issue. Employees are entitled to take up to four months off under this state law if their pregnancy-related medical issue renders them unable to perform their essential work duties or would put the pregnancy at risk. Employers are not allowed to retaliate against an employee for taking pregnancy disability leave, and if they do engage in adverse employment actions or wrongfully terminate a worker they may be liable for damages in a pregnancy discrimination case.
Talk to Our Walnut Creek Pregnancy Discrimination Lawyers
Have you or someone you know suffered an adverse employment action because of pregnancy discrimination? If so, the Walnut Creek pregnancy discrimination lawyers at Venardi Zurada, LLP are here to zealously advocate for your rights and protect your interests in a pregnancy discrimination case. To learn more, call the office at (833) 893-6763 or contact us today to schedule a consultation of your case now.
