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Facts about pregnancy discrimination in California

On Behalf of | Oct 25, 2022 | Employment Law - Employee

Did you know that pregnant women are protected from employment discrimination under federal law? This means that employers cannot treat pregnant employees differently than any other employees. It’s important to understand your rights as a pregnant employee so that you can take action if you feel that you have been the victim of discrimination.

How does pregnancy discrimination occur?

One of the most common ways that pregnancy discrimination occurs is when an employer refuses to hire a pregnant woman. Another way it can occur is when a woman is fired or forced to quit because she is pregnant. Pregnancy discrimination can also happen when an employer denies a pregnant woman a promotion or gives her different job assignments than non-pregnant employees. Last but not least, pregnancy discrimination can occur when an employer denies a pregnant woman benefits that are given to other employees, such as health insurance or paid leave.

What does the law say about pregnancy discrimination?

The Pregnancy Discrimination Act (PDA) is a federal law that prohibits employment discrimination against women who are pregnant. The PDA applies to all employers with 15 or more employees, and it makes it illegal for an employer to discriminate against a woman because she is pregnant. Employment law also prohibits pregnancy discrimination under the Americans with Disabilities Act (ADA). However, under the ADA, a woman must have a medical condition that is pregnancy-related in order to get protected from discrimination, such as gestational diabetes or preeclampsia.

What can you do if you think you’ve been the victim of pregnancy discrimination?

If you think that you have been the victim of pregnancy discrimination, it’s important to report it. You can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing the PDA. You can also consult with an experienced employment law attorney to discuss your legal options.

Employers who violate the PDA can be subject to civil penalties, including back pay and damages. In some cases, they may also be required to reinstate the employee to her former position or provide her with front pay.