Protecting the Rights of Pregnant Employees: Legal Considerations

In today’s modern workplace, the protection of pregnant employees’ rights has become a critical issue for employers and employees alike. As businesses evolve to embrace inclusivity and diversity, ensuring that pregnant employees are treated fairly and respectfully is not just a legal obligation—it’s a vital step toward fostering equitable work environments. Protecting these rights helps to ensure that employees can balance their professional duties with the health and well-being of their growing families.

Legal protection for pregnant employees is essential because of the challenges these individuals often face. Historically, pregnant workers have been vulnerable to unfair treatment, ranging from subtle forms of discrimination to more direct actions like wrongful termination or denial of necessary accommodations. These challenges not only harm the individual employee but also set back workplace equality. Fortunately, societal attitudes and legal frameworks have shifted significantly over the years to recognize and address these injustices. From federal protections like the Pregnancy Discrimination Act (PDA) to state-specific laws, pregnant employees are increasingly empowered to seek recourse when their rights are violated.

Understanding Pregnancy Discrimination

Pregnancy discrimination occurs when an employee or job applicant is treated unfavorably due to pregnancy, childbirth, or related medical conditions. This type of discrimination can manifest in various forms, making it harder for pregnant employees to secure or maintain their employment, receive fair compensation, or access necessary accommodations.

Some common examples of discriminatory practices include:

• Refusal to hire: Employers might refuse to hire a qualified candidate simply because she is pregnant or may become pregnant in the future.
• Wrongful termination: Some employers unlawfully terminate employees once they disclose their pregnancy, under the misguided notion that the pregnancy will interfere with work performance.
• Unequal pay or lack of promotions: Pregnant employees may be passed over for promotions or raises due to biases about their ability to perform their job or commitment to the workplace.
• Failure to provide accommodations: Pregnant employees may require certain adjustments to their workload or schedule. Denying these reasonable accommodations can also be a form of discrimination.

Legal Framework

The Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act (PDA) is a federal law that amended Title VII of the Civil Rights Act of 1964. The PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under this law, employers with 15 or more employees are required to treat pregnancy in the same way as any other temporary disability or medical condition when it comes to employment decisions.

Key provisions of the PDA include:

• Hiring and firing: Employers cannot refuse to hire or terminate someone because they are pregnant or have related medical conditions.
• Pay and promotions: Pregnant employees must be treated equally in terms of salary, raises, and promotion opportunities.
• Health benefits: Employers must provide the same benefits to pregnant employees that they would to employees with other medical conditions, ensuring they are not unfairly disadvantaged when it comes to healthcare coverage or leave policies.
• Workplace accommodations: Pregnant employees may be entitled to reasonable accommodations, such as altered duties or more frequent breaks, similar to employees with other temporary medical conditions.

California Fair Employment and Housing Act (FEHA)

For employees based in California, additional protections are provided by the California Fair Employment and Housing Act (FEHA). This state law goes beyond federal protections, offering broader coverage and more specific protections for pregnant employees.

Key provisions of FEHA include:

• Broader scope: FEHA applies to employers with five or more employees, making it applicable to more workplaces than the federal PDA.
• Pregnancy Disability Leave (PDL): In California, pregnant employees may be entitled to up to four months of leave if they are disabled by pregnancy, childbirth, or related medical conditions. This leave can be taken in addition to any other leave an employee may be entitled to under other laws, such as the Family and Medical Leave Act (FMLA).
• Reasonable accommodations: California employers are required to provide reasonable accommodations for pregnancy-related conditions. This could include modifying job duties, allowing more frequent breaks, or transferring the employee to a less strenuous position.

Employer Obligations Under the Law

Reasonable Accommodations

One of the primary obligations employers have under the law is to provide reasonable accommodations to pregnant employees. Accommodations are adjustments made to an employee's work environment or responsibilities that allow them to continue performing their job without compromising their health or the health of their pregnancy.

Under both federal law and California's Fair Employment and Housing Act (FEHA), employers are required to provide reasonable accommodations unless doing so would cause an undue hardship for the business. An undue hardship is defined as a significant difficulty or expense relative to the size of the company or the nature of the accommodation being requested. It’s important to note that most accommodations, especially those related to pregnancy, are relatively simple and inexpensive to implement.

Examples of reasonable accommodations include:

• Modified work duties: Adjusting an employee’s responsibilities to avoid tasks that may be physically strenuous, such as heavy lifting.
• Schedule adjustments: Allowing flexibility in the employee’s work hours to accommodate medical appointments or the need for extra rest.
• More frequent breaks: Permitting additional breaks to relieve discomfort or address pregnancy-related needs, such as eating or resting.
• Temporary transfers: Moving the employee to a less physically demanding role or position, either temporarily or for the duration of the pregnancy.

Pregnancy Disability Leave (PDL)

For employees working in California, the Pregnancy Disability Leave (PDL) offers specific protections. Under California law, a pregnant employee may be entitled to up to four months of unpaid leave if they are disabled by pregnancy, childbirth, or related medical conditions. This leave is available regardless of how long the employee has worked for the employer and regardless of the number of hours they have worked.

Key aspects of PDL include:

• Eligibility: PDL applies to employees who are considered disabled by their pregnancy, childbirth, or related medical conditions. This could include conditions like severe morning sickness, prenatal care, recovery from childbirth, or postpartum depression.
• Duration: Employees can take up to four months (approximately 17 1/3 weeks) of leave. The leave can be taken continuously or intermittently, depending on the employee's medical needs.
• Job Protection: Employees have the right to return to the same position or a comparable position after their leave has ended, ensuring that their career is not negatively impacted by their pregnancy.

Family and Medical Leave Act (FMLA)

In addition to state-specific protections, the Family and Medical Leave Act (FMLA) is a federal law that provides further protection for pregnant employees. The FMLA allows eligible employees to take up to 12 weeks of unpaid leave for pregnancy-related issues, childbirth, or to care for a newborn.

Important details of the FMLA include:

• Eligibility: Employees are eligible if they have worked for their employer for at least 12 months and have worked at least 1,250 hours in the past year. The employer must also have at least 50 employees within a 75-mile radius.
• Duration: The FMLA provides for up to 12 weeks of unpaid leave, which can be used for pregnancy-related medical conditions, childbirth, or bonding with a newborn.
• Job Protection: Like PDL, the FMLA guarantees that employees can return to the same or an equivalent position after their leave. This ensures that employees are not penalized for taking time off to address their medical needs or to care for a new child.

It’s important to note that while FMLA leave is unpaid, employees may be able to use accrued vacation, sick leave, or other paid time off during this period. Additionally, FMLA and PDL can work together, offering further flexibility and protection for pregnant employees, particularly in states like California that provide both federal and state-level safeguards.

Addressing Workplace Discrimination and Retaliation

Recognizing Discrimination and Retaliation

Discrimination based on pregnancy, childbirth, or related medical conditions can take many forms, and it’s important for employees to recognize the signs. Sometimes, discrimination can be subtle, making it difficult to immediately identify. However, there are key warning signs that indicate pregnancy-related bias in the workplace.

Common signs of discrimination include:

• Unfavorable job assignments: Pregnant employees may be removed from their usual duties or reassigned to less desirable roles, particularly after disclosing their pregnancy. This could include being given menial tasks that do not align with their experience or qualifications.
• Exclusion from key projects: Employees who announce their pregnancy may find themselves sidelined from important meetings, projects, or opportunities for career advancement. This could reflect an assumption that their pregnancy will hinder their ability to contribute effectively.
• Unwarranted negative performance reviews: Performance issues may suddenly arise after an employee announces their pregnancy, even if their work has been consistent or previously praised. Employers may attempt to use performance issues as a pretext for termination or denial of promotions.

In some cases, when employees assert their legal rights—such as requesting reasonable accommodations or filing a complaint—they may experience retaliation from their employer. Retaliation occurs when an employer takes adverse actions against an employee because they have exercised their rights under the law.

Examples of retaliation include:

• Demotion or termination: An employee may face demotion, or even termination, after requesting pregnancy-related accommodations or filing a formal complaint.
• Hostile work environment: Retaliation can also take the form of creating a hostile work environment, where the employee is subject to harassment, exclusion, or undue scrutiny as a result of asserting their rights.
• Reduced hours or pay: In some cases, employers may retaliate by cutting an employee’s hours, reducing their pay, or limiting their opportunities for overtime, all of which can be forms of economic retaliation.

Filing a Complaint

If a pregnant employee believes they are being discriminated against or retaliated against, there are several important steps they should take to address the situation. By following these steps, employees can protect their rights and seek justice if their employer has violated the law.

1. Report to HR or an Immediate Supervisor:
   • The first step should typically involve reporting the issue internally, either to the Human Resources (HR) department or directly to a supervisor. In many cases, companies have internal procedures for addressing discrimination complaints. Employees should document their experiences carefully, including dates, specific incidents, and any witnesses, to create a record of the discrimination or retaliation they are experiencing.
   • Filing an internal complaint may help resolve the issue within the organization and serve as a basis for further action if the issue remains unaddressed.
2. Filing a Claim with the Equal Employment Opportunity Commission (EEOC):
   • If internal reporting does not resolve the issue, or if the employee wishes to take legal action, they can file a formal complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency responsible for enforcing anti-discrimination laws, including the Pregnancy Discrimination Act (PDA).
   • The process of filing a claim with the EEOC involves submitting a charge of discrimination, which prompts the agency to investigate the allegations. The EEOC may try to mediate a resolution, or, if the investigation finds evidence of discrimination, it can pursue legal action against the employer. Employees can also request a "right to sue" letter, which allows them to file a lawsuit in federal court.
3. Filing a Claim with California’s Department of Fair Employment and Housing (DFEH):
   • In California, employees also have the option of filing a claim with the Department of Fair Employment and Housing (DFEH). The DFEH enforces state anti-discrimination laws, including the California Fair Employment and Housing Act (FEHA), which offers additional protections to pregnant employees.
   • Similar to the EEOC, the DFEH investigates discrimination complaints and can pursue legal action if it finds violations of state law. Employees can file a complaint online or contact the DFEH directly to begin the process.

Protect Your Rights with Masoom Law Firm P.C.

At Masoom Law Firm P.C., we believe that every pregnant employee has the right to a workplace free from discrimination and the necessary accommodations to protect their health and well-being. No one should be forced to choose between their career and their pregnancy, nor should they fear retaliation for asserting their rights. If you are a pregnant employee facing unfair treatment, we are here to help. The law is on your side, and so are we.

If you believe your rights as a pregnant employee have been violated or you need legal guidance, don’t hesitate to reach out. Contact Masoom Law Firm P.C. today to schedule a consultation and take the first step toward justice. Call us at 408-599-3191, email us at contact@masoomlaw.com, or visit our website at https://www.masoomlaw.com to learn more about how we can help you.

‍