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July 17, 2023

Victim of California Pregnancy Discrimination? Protect Your Rights Here

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Updated on: 8/17/2023

Short answer: Pregnancy discrimination under California law refers to the unlawful mistreatment of employees or job applicants based on their pregnancy, childbirth, or related medical conditions. This can include actions such as termination, denial of reasonable accommodations, or adverse employment decisions due to pregnancy.

California Pregnancy Discrimination Info hide

California Pregnancy Discrimination Overview

Under California law, pregnancy discrimination is addressed by the Fair Employment and Housing Act (FEHA) and the California Pregnancy Disability Leave Law (PDLL). The legal definition of pregnancy discrimination in California encompasses various forms of adverse treatment based on an individual’s pregnancy, childbirth, or related medical conditions.

California Pregnancy Discrimination at a Glance

Factors Description
Denied Accommodations Refusing reasonable adjustments for pregnant employees
Unfair Treatment Treating pregnant employees differently
Demotion or Job Loss Negative changes in job status due to pregnancy
Harassment Verbal or physical mistreatment based on pregnancy
Reduced Responsibilities Taking away tasks or responsibilities during pregnancy
Denied Promotions Withholding advancement opportunities due to pregnancy
Retaliation for Pregnancy-Related Actions Punishment for asserting rights related to pregnancy
Unlawful Termination Firing an employee because of pregnancy
Lack of Maternity Leave Absence of appropriate time off for childbirth
Inadequate Health Benefits Limited coverage for pregnancy-related expenses
Ignoring Medical Needs Failure to accommodate medical requirements

California Pregnancy Discrimination Laws to Know

Law Applicable Employers Key Provisions
Fair Employment and Housing Act (FEHA) Employers with 5 or more employees Prohibits pregnancy discrimination. Requires reasonable accommodations for pregnancy-related conditions. Protects against adverse actions due to pregnancy. Requires an interactive process for accommodations.
California Family Rights Act (CFRA) Employers with 50 or more employees Provides up to 12 weeks of job-protected leave for specific family and medical reasons, including the birth, adoption, or placement of a child.
Pregnancy Disability Leave (PDL) Employers with 5 or more employees Provides up to 4 months of job-protected leave for disabilities related to pregnancy, childbirth, or related medical conditions.
New Parent Leave Act (NPLA) Employers with 20 or more employees Provides up to 12 weeks of job-protected leave within one year of a child’s birth, adoption, or foster care placement.
Lactation Accommodation (California Labor Code) All employers Requires employers to provide reasonable accommodations for lactation, including a private space (not a bathroom) and reasonable break time to express breast milk.
California Paid Family Leave (PFL) Covered employees through the state program Provides partial wage replacement to eligible employees taking time off to bond with a new child or care for a seriously ill family member.

What Are the Rights of Pregnant Workers in California?

Here are the key elements and rights of pregnant California workers:

  • Protected Individuals: The law protects employees and job applicants who are pregnant, have recently given birth, or have a medical condition related to pregnancy or childbirth.
  • Prohibited Actions: Employers are prohibited from engaging in the following discriminatory actions against protected individuals:
    • a. Refusing to hire or promote a person due to pregnancy-related conditions.
    • b. Terminating or demoting an employee because of pregnancy or related conditions.
    • c. Providing less favorable terms, conditions, or privileges of employment due to pregnancy or related conditions.
    • d. Denying or interfering with an employee’s right to take pregnancy disability leave or reasonable accommodations.
    • e. Retaliating against an employee for requesting pregnancy disability leave or reasonable accommodations.
  • Reasonable Accommodations: Employers are required to provide reasonable accommodations to pregnant employees if they experience limitations due to pregnancy or related conditions. Accommodations could include modifying work duties, providing alternative assignments, or granting leave, among others.
  • Pregnancy Disability Leave: Covered employees may be entitled to up to four months of unpaid pregnancy disability leave if they are disabled due to pregnancy, childbirth, or a related medical condition. The leave can be taken before or after giving birth, and it can be taken intermittently or continuously.
  • Notice and Posting: Employers are required to inform employees of their rights under the PDLL by posting relevant notices in a conspicuous location.

10 Common Examples of Pregnancy Discrimination

Here are 10 common examples of pregnancy discrimination that can occur in the workplace:

  1. Refusing to hire a qualified candidate solely because she is pregnant or planning to become pregnant.
  2. Firing or demoting an employee after she announces her pregnancy or requests maternity leave.
  3. Denying a pregnant employee the same opportunities for promotions, raises, or training as her non-pregnant colleagues.
  4. Assigning less favorable job duties or reducing job responsibilities for a pregnant employee.
  5. Subjecting a pregnant employee to harassment, such as offensive comments, derogatory jokes, or hostile work environment based on her pregnancy.
  6. Failing to provide reasonable accommodations to a pregnant employee, such as modifying work duties or providing a suitable workspace.
  7. Denying a pregnant employee the right to take legally protected leave, such as pregnancy disability leave or maternity leave.
  8. Retaliating against an employee for asserting her rights or making a complaint related to pregnancy discrimination.
  9. Refusing to provide health insurance coverage for pregnancy-related medical expenses while covering other medical conditions.
  10. Failing to reinstate a pregnant employee to her previous position or a comparable position after returning from maternity leave, as required by law.

It’s important to note that these are general examples, and the specific circumstances of each case can vary.

Examples Scenarios of Pregnancy Discrimination

Scenario #1 (Passed on for Promotion)

Sarah, a highly competent marketing executive, announces her pregnancy to her supervisor. Despite her outstanding performance, Sarah is suddenly passed over for a promotion that she was previously considered a front-runner for.

The reason given by her supervisor is that they have concerns about her ability to handle the increased workload due to her pregnancy.

This decision is inconsistent with the company’s treatment of other employees and demonstrates pregnancy discrimination, as Sarah’s pregnancy becomes the determining factor in the denial of the promotion, rather than her qualifications or performance.

Scenario #2 (Firing)

Emily, a dedicated software engineer, informs her manager about her pregnancy and upcoming maternity leave plans. Shortly after, she receives negative performance evaluations despite her previous exemplary track record.

Without any prior warnings or valid justifications, Emily is abruptly terminated from her position. The company claims it is due to ‘restructuring,’ but she later discovers that her responsibilities were reassigned to other colleagues.

This situation exemplifies pregnancy discrimination as Emily’s termination is directly linked to her pregnancy, resulting in her unjust dismissal from her job.

Scenario #3 (Failure to Accommodate)

Maria works as a waitress at a small family-owned restaurant. As her pregnancy progresses, Maria experiences difficulties standing for long periods, leading her to request a temporary adjustment to her duties, such as reduced hours or assistance with heavy lifting.

However, her employer disregards her requests and insists she continues to work the same demanding shifts. Despite Maria’s dedication and years of service, her employer fails to provide reasonable accommodations, thereby putting her health and pregnancy at risk.

This instance demonstrates pregnancy discrimination as the employer refuses to make necessary modifications to accommodate Maria’s pregnancy-related needs.

Pregnancy Discrimination Evaluator Quiz

Do you feel like you’re a victim of pregnancy discrimination? Take our quiz to find out in 90 seconds.

Who Can Cause Pregnancy Discrimination in California?

Pregnancy discrimination can be caused by various individuals and entities within the workplace. In California, multiple parties may contribute to or be responsible for pregnancy discrimination. It’s essential to understand that both employers and coworkers can potentially engage in discriminatory behavior. Here’s a breakdown:

  • Employers: Employers are responsible for ensuring a workplace free from discrimination. They can be held accountable for directly engaging in discriminatory actions, failing to provide reasonable accommodations, or not addressing discriminatory behavior by coworkers or supervisors.
  • Supervisors and Managers: Individuals in supervisory or managerial roles within the organization may be liable if they directly engage in discriminatory actions, such as demoting, firing, or denying promotions based on an employee’s pregnancy.
  • Coworkers: Pregnancy discrimination may also come from coworkers who engage in harassment, create a hostile work environment, or participate in discriminatory practices against a pregnant employee.
  • Human Resources (HR): If HR personnel fail to appropriately address complaints of pregnancy discrimination or do not take steps to prevent discrimination, they can contribute to the problem.
  • Third Parties: In some cases, third parties (non-employees) with a business relationship to the employer, such as clients or customers, may engage in discriminatory behavior or pressure the employer to discriminate against pregnant employees. Employers have a responsibility to address such situations as well.

It’s essential to note that the key focus is on preventing and addressing discrimination. Employers have a legal obligation to maintain a workplace free from discrimination and to provide reasonable accommodations to pregnant employees under California law, as outlined in the Fair Employment and Housing Act (FEHA).

What Obligations Does an Employer Have to Prevent Pregnancy Discrimination?

Employers in California have several obligations to prevent pregnancy discrimination and ensure a workplace that is free from such discrimination. These obligations are designed to protect the rights of pregnant employees and provide them with a supportive and non-discriminatory environment. Key obligations include:

  • Non-Discrimination: Employers are prohibited from discriminating against employees based on pregnancy, childbirth, or related medical conditions. This includes not taking adverse employment actions (such as termination, demotion, or denial of promotions) due to an employee’s pregnancy.
  • Reasonable Accommodations: Employers must provide reasonable accommodations to pregnant employees if they are experiencing pregnancy-related conditions that affect their ability to perform essential job functions. Accommodations may include modified work duties, adjusted work hours, or temporary leave.
  • Interactive Process: If an employee requests a reasonable accommodation due to pregnancy-related conditions, employers must engage in an interactive process with the employee. This process involves discussing potential accommodations that would allow the employee to continue performing their job while addressing the medical condition.
  • Equal Treatment: Pregnant employees should be treated the same as other employees with temporary disabilities. This means providing the same level of accommodations and support that would be given to employees with other medical conditions.
  • Anti-Retaliation: Employers are prohibited from retaliating against employees for asserting their rights under pregnancy discrimination laws. This includes protecting employees from retaliation for requesting accommodations or filing complaints.
  • Communication: Employers should communicate their policies regarding pregnancy discrimination, reasonable accommodations, and employee rights. Employees should be informed of their rights and the procedures for requesting accommodations or reporting discrimination.
  • Lactation Accommodation: Employers must provide reasonable lactation accommodations, including a private space (not a bathroom) for expressing breast milk, and reasonable break time to do so.
  • Training: Employers should provide training to employees, supervisors, and HR personnel to ensure they understand anti-discrimination policies, know how to handle requests for accommodations, and recognize signs of pregnancy discrimination.

It’s essential for employers to be proactive in preventing pregnancy discrimination, promptly addressing any complaints, and ensuring that employees are aware of their rights. Failure to meet these obligations can result in legal consequences.

Proving Pregnancy Discrimination in California

Below are a few ways you can prove pregnancy discrimination in California.

*This list is not exhaustive as each case is different.

  1. Pregnancy: The individual must establish that they were pregnant or experienced a related medical condition during the relevant time period.
  2. Adverse Employment Action: Evidence is needed to show that the employer took unfavorable actions, such as demotion, termination, denial of promotion, or unequal treatment, based on pregnancy or related conditions.
  3. Timing: Demonstrating a close temporal connection between the adverse action and the pregnancy can strengthen the case.
  4. Similarly Situated Comparisons: Comparing the treatment of pregnant individuals with that of non-pregnant employees in similar circumstances can help establish discrimination.
  5. Pretext: Evidence that the employer’s stated reasons for the adverse action were false or inconsistent can support a claim of discrimination.
  6. Prior Knowledge: If the employer had prior knowledge of the pregnancy, it can contribute to establishing discriminatory intent.
  7. Additional Evidence: Other relevant factors, such as discriminatory comments or policies, can provide further support.

Filing a Pregnancy Discrimination Complaint

To file a pregnancy discrimination claim/complaint in California, you can follow some of these general steps:

  1. Contact the Appropriate Agency: File a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the discriminatory act. You can do this online, by mail, or in person.
  2. Provide Information: Complete the necessary forms, providing details about the discrimination, the employer, and any supporting evidence.
  3. Investigation: The DFEH will investigate your complaint, including contacting the employer and conducting interviews.
  4. Mediation or Lawsuit: The DFEH may offer mediation to resolve the issue. If unsuccessful or if you prefer, you can request a “right-to-sue” letter to pursue a lawsuit against your employer in court.
  5. Legal Assistance: Consider consulting an attorney who specializes in employment law to guide you through the process and protect your rights.

Remember, this is a simplified explanation, and it’s important to seek legal advice or consult the DFEH for detailed and accurate information on filing a pregnancy discrimination claim in California.

Is it Worth Suing?

Determining whether it is worth suing for pregnancy discrimination depends on various factors, including the severity of the discrimination, available evidence, potential damages, personal circumstances, and desired outcomes.

Lawsuits can be time-consuming and emotionally challenging. However, pursuing legal action can help hold employers accountable, help you receive compensation for damages, and set a precedent for future cases.

What Should You NOT Do If You Think You Are Experiencing Pregnancy Discrimination in California?

If you believe you’re experiencing pregnancy discrimination in California, it’s essential to handle the situation carefully to protect your rights and potentially build a strong case. Here are some things you should avoid doing:

  • Don’t Ignore the Issue: Ignoring pregnancy discrimination can allow the problem to persist. Address the issue as soon as you become aware of it.
  • Don’t Retaliate: Avoid taking retaliatory actions against anyone involved, even if you feel provoked or mistreated. Retaliation can harm your position and may have legal consequences.
  • Don’t Assume: While it’s important to be aware of your rights, don’t assume that you fully understand the complex legal aspects of pregnancy discrimination in California. Consult with an experienced employment attorney to get accurate advice.
  • Don’t Fail to Document: Keep thorough records of any incidents related to pregnancy discrimination, including dates, times, locations, individuals involved, and details of what occurred. Documentation can be crucial if you need to prove your case.
  • Don’t Delay: Time limits (statute of limitations) apply to filing discrimination claims in California. Don’t wait too long to take action, as you may lose the opportunity to pursue a claim if the deadline expires.
  • Don’t Discuss the Situation with Unauthorized Individuals: Be cautious about discussing the details of your situation with coworkers or supervisors who are not authorized to handle discrimination complaints. Confidentiality is important.
  • Don’t Hesitate to Seek Legal Advice: If you believe you’re experiencing pregnancy discrimination, consult with an experienced employment attorney. They can assess your situation, provide guidance, and help you understand your rights and legal options.
  • Don’t Use Inappropriate Language or Behavior: Maintain professionalism and avoid engaging in any behavior that might undermine your case or escalate the situation.
  • Don’t Sign Anything Without Review: If your employer presents you with any documents, agreements, or offers related to your situation, don’t sign them without first reviewing them carefully, ideally with the assistance of an attorney.
  • Don’t Forget About Other Legal Protections: While pregnancy discrimination laws are vital, other laws might also apply to your situation, such as those related to medical leave, disability accommodations, or workplace harassment. Be aware of all relevant legal protections.

Remember that each case of pregnancy discrimination is unique, and the right course of action depends on the specifics of your situation.

Common Accommodations for Pregnant Employees Under California Law

Here are some common accommodations that may be considered:

  • Modifying Work Duties: Employers may adjust job responsibilities or provide alternative assignments that are less physically demanding or pose less risk to the employee’s health during pregnancy.
  • Providing Rest Breaks: Pregnant employees may be granted additional or more frequent rest breaks to manage fatigue, discomfort, or medical needs.
  • Allowing Sitting or Alternative Positions: Employers may allow pregnant employees to sit or use alternative positions while performing job duties, as long as it does not interfere with essential job functions.
  • Flexible Scheduling: Employers may accommodate pregnant employees by offering flexible scheduling options to accommodate medical appointments, prenatal care, or physical discomfort.
  • Granting Temporary Leave: If a pregnant employee’s medical condition necessitates time off work, employers may provide a temporary leave of absence, such as pregnancy disability leave or other applicable leave entitlements.
  • Modifying Equipment or Workspace: Employers may make adjustments to the employee’s workstation or provide assistive devices to ensure a safe and comfortable working environment.

It’s important to note that the specific accommodations may vary depending on the individual circumstances and the nature of the job. Employers are required to engage in a good faith interactive process with the employee to determine appropriate accommodations that meet their needs, within reason, unless it would cause an undue hardship on the employer.

Pregnancy Discrimination Resources

24 California Pregnancy Discrimination FAQs

As a certified California attorney referral service, we’ve heard tons of questions regarding pregnancy discrimination in California over the years. Below is a list of those (with answers) we have compiled to help you understand your rights, file a complaint or understand what your case is worth.

1. What is pregnancy discrimination?

Pregnancy discrimination refers to unfair treatment of individuals in the workplace based on their pregnancy, childbirth, or related medical conditions.

2. Is pregnancy discrimination illegal in California?

Yes, pregnancy discrimination is illegal in California. Under California law, it is unlawful for employers to discriminate against employees or job applicants based on pregnancy, childbirth, or related medical conditions.

3. What laws protect against pregnancy discrimination in California?

In California, there are several laws that protect against pregnancy discrimination. The main ones are the California Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL). FEHA makes it illegal for employers to discriminate against employees based on pregnancy, childbirth, or related medical conditions.

PDLL provides job-protected leave for pregnancy-related disabilities and requires employers to provide reasonable accommodations for pregnant employees. These laws ensure that pregnant individuals have equal opportunities in the workplace and are protected from unfair treatment due to their pregnancy or related conditions.

4. Can an employer refuse to hire someone because they are pregnant?

No, in California, it is illegal for an employer to refuse to hire someone solely because they are pregnant. Pregnancy discrimination in the hiring process is prohibited under the California Fair Employment and Housing Act (FEHA).

5. Can an employer fire someone because they are pregnant?

No, in California, it is illegal for an employer to fire someone because they are pregnant. The California Fair Employment and Housing Act (FEHA) protects pregnant employees from being terminated based on their pregnancy, childbirth, or related medical conditions.

6. Can an employer treat a pregnant employee differently than other employees?

No, in California, an employer cannot treat a pregnant employee differently than other employees. The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions, ensuring that pregnant employees are entitled to the same rights, benefits, and treatment as other employees.

7. Can an employer deny a pregnant employee’s request for time off or reasonable accommodations?

No, in California, an employer cannot deny a pregnant employee’s request for time off or reasonable accommodations related to their pregnancy or childbirth.

Under the California Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations and grant time off for pregnancy-related needs, unless it would cause an undue hardship on the employer’s business operations.

8. What are some examples of pregnancy discrimination in the workplace?

Here are 10 common examples of pregnancy discrimination:

  1. Refusing to hire a qualified candidate solely because she is pregnant or planning to become pregnant.
  2. Firing or demoting an employee after she announces her pregnancy or requests maternity leave.
  3. Denying a pregnant employee the same opportunities for promotions, raises, or training as her non-pregnant colleagues.
  4. Assigning less favorable job duties or reducing job responsibilities for a pregnant employee.
  5. Subjecting a pregnant employee to harassment, such as offensive comments, derogatory jokes, or hostile work environment based on her pregnancy.
  6. Failing to provide reasonable accommodations to a pregnant employee, such as modifying work duties or providing a suitable workspace.
  7. Denying a pregnant employee the right to take legally protected leave, such as pregnancy disability leave or maternity leave.
  8. Retaliating against an employee for asserting her rights or making a complaint related to pregnancy discrimination.
  9. Refusing to provide health insurance coverage for pregnancy-related medical expenses while covering other medical conditions.
  10. Failing to reinstate a pregnant employee to her previous position or a comparable position after returning from maternity leave, as required by law.

*It’s important to note that these are general examples, and the specific circumstances of each case can vary.

9. What is a real life example of pregnancy discrimination in the workplace?

Maria works as a waitress at a small family-owned restaurant. As her pregnancy progresses, Maria experiences difficulties standing for long periods, leading her to request a temporary adjustment to her duties, such as reduced hours or assistance with heavy lifting.

However, her employer disregards her requests and insists she continues to work the same demanding shifts. Despite Maria’s dedication and years of service, her employer fails to provide reasonable accommodations, thereby putting her health and pregnancy at risk.

This instance demonstrates pregnancy discrimination as the employer refuses to make necessary modifications to accommodate Maria’s pregnancy-related needs.

10. How do I file a pregnancy discrimination complaint in California?

To file a pregnancy discrimination claim/complaint in California, you can follow some of these general steps:

  1. Contact the Appropriate Agency: File a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the discriminatory act. You can do this online, by mail, or in person.
  2. Provide Information: Complete the necessary forms, providing details about the discrimination, the employer, and any supporting evidence.
  3. Investigation: The DFEH will investigate your complaint, including contacting the employer and conducting interviews.
  4. Mediation or Lawsuit: The DFEH may offer mediation to resolve the issue. If unsuccessful or if you prefer, you can request a “right-to-sue” letter to pursue a lawsuit against your employer in court.
  5. Legal Assistance: Consider consulting an attorney who specializes in employment law to guide you through the process and protect your rights.

*Remember, this is a simplified explanation, and it’s important to seek legal advice or consult the DFEH for detailed and accurate information on filing a pregnancy discrimination claim in California.

11. How Do You Prove Pregnancy Discrimination in California?

Below are a few ways you can prove pregnancy discrimination in California.

*This list is not exhaustive as each case is different.

  1. Pregnancy: The individual must establish that they were pregnant or experienced a related medical condition during the relevant time period.
  2. Adverse Employment Action: Evidence is needed to show that the employer took unfavorable actions, such as demotion, termination, denial of promotion, or unequal treatment, based on pregnancy or related conditions.
  3. Timing: Demonstrating a close temporal connection between the adverse action and the pregnancy can strengthen the case.
  4. Similarly Situated Comparisons: Comparing the treatment of pregnant individuals with that of non-pregnant employees in similar circumstances can help establish discrimination.
  5. Pretext: Evidence that the employer’s stated reasons for the adverse action were false or inconsistent can support a claim of discrimination.
  6. Prior Knowledge: If the employer had prior knowledge of the pregnancy, it can contribute to establishing discriminatory intent.
  7. Additional Evidence: Other relevant factors, such as discriminatory comments or policies, can provide further support.

12. How much is a pregnancy discrimination case worth?

The average pregnancy discrimination case can settle for tens of thousands to millions of dollars in California. Each case is different and has several factors that can affect the final settlement amount.

13. What is a prima facie case for pregnancy discrimination in California?

A prima facie case for pregnancy discrimination in California typically involves demonstrating four elements:

  1. The individual is a member of a protected class (pregnant);
  2. They were qualified for the position or job duty;
  3. They experienced an adverse employment action; and
  4. There is evidence to suggest that the adverse action occurred because of their pregnancy, childbirth, or related medical condition.

14. What are the potential consequences for employers who engage in pregnancy discrimination?

Employers who engage in pregnancy discrimination in California may face various consequences.

These can include legal actions such as lawsuits filed by the affected employees, potential financial penalties, requirements to provide compensation or reinstatement to the aggrieved individuals, and the possibility of being subjected to government investigations or oversight.

15. What are the elements of pregnancy discrimination claim in California?

To establish a pregnancy discrimination claim in California, there are typically three key elements.

These include showing that the individual was subjected to an adverse employment action, that the pregnancy or related condition was a motivating factor in the employer’s decision, and that the employer’s actions were not justified by legitimate business reasons or undue hardship.

16. Can I be retaliated against for reporting pregnancy discrimination?

No, in California, it is illegal for an employer to retaliate against an employee for reporting pregnancy discrimination.

California law protects employees from retaliation and provides remedies if they experience adverse actions, such as termination or other negative treatment, in response to reporting pregnancy discrimination.

17. Can an employer require a pregnant employee to take leave or restrict her job duties?

An employer in California cannot require a pregnant employee to take leave if she is able to perform her job duties with reasonable accommodations.

Similarly, employers cannot restrict a pregnant employee’s job duties unless it is necessary to protect her health and well-being, and even then, reasonable accommodations must be considered before such restrictions are imposed.

18. Are there any financial benefits or protections available to pregnant employees in California?

Yes, pregnant employees in California may be eligible for certain financial benefits and protections.

These include pregnancy disability leave, which provides partial wage replacement during a period of pregnancy-related disability, and paid family leave, which offers partial wage replacement for bonding with a new child or caring for a seriously ill family member.

19. Can I take time off work for prenatal medical appointments or childbirth?

Yes, in California, you have the right to take time off work for prenatal medical appointments. Additionally, under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), eligible employees can take job-protected leave for childbirth, including recovery from childbirth and bonding time with the new child.

20. Can I be denied a promotion or raise because I am pregnant?

No, it is illegal in California for an employer to deny a promotion or raise to an employee solely because they are pregnant. Pregnancy discrimination laws protect employees from such discriminatory actions.

21. Can I be denied employment benefits because I am pregnant?

No, an employer cannot deny employment benefits to an employee solely because they are pregnant. Pregnancy discrimination laws in California prohibit employers from treating pregnant employees differently in terms of benefits.

22. What is the statute of limitations for pregnancy discrimination in California?

In California, the statute of limitations for filing a pregnancy discrimination claim is generally two years from the date of the discriminatory act. However, it’s important to note that for cases involving government employees, the time frame may be even shorter.

23. Can an employer ask me about my pregnancy during a job interview?

No, in California, an employer is generally not allowed to ask about your pregnancy during a job interview. Such inquiries can be considered discriminatory under pregnancy discrimination laws.

24. Can an employer ask me about my plans to have children in the future during a job interview?

No, an employer is generally not allowed to ask about your plans to have children in the future during a job interview. Inquiries related to family planning can be considered discriminatory under pregnancy discrimination laws in California.

Have a Question We Didn’t Answer?

If you have a question we didn’t answer or you want to see if you have a case, give us a call any time. We’ll connect you with a pregnancy discrimination attorney in your area who’d be happy to answer your questions for free.

Additional Employment Law Resources

About the Author

Jessica Anvar

California Consumer Litigation Attorney Jessica Anvar, Esq. is the Founder and Managing Partner of Lemon Law Experts California’s leading lemon law firm. She has multiple years’ worth of experience working with both state and federal lemon laws. Her practice focuses exclusively on consumer protection cases. Ms. Anvar received her J.D. from Loyola Law School. She also earned a Master of Business Administration degree from Loyola Marymount University. Jessica is very active in her local legal community and has helped thousands of clients across the state of California. She has an outstanding record as a true advocate for consumers.

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