California Pregnancy Discrimination Laws 2026 – All You Need To Know
Pregnancy can be one of the most transformative moments of one’s life. It’s a milestone to celebrate and cherish. Unfortunately, these moments are sometimes met with unfair treatment in the workplace. To help combat this, California pregnancy discrimination laws exist to protect expecting and new mothers. By better understanding these laws, new mothers can spot illegal behavior and know what to do if they suspect bias or mistreatment.
What Is Pregnancy Discrimination?
Pregnancy discrimination is exactly how it sounds. Someone is being treated unfairly because they are either pregnant, need to leave to give birth, or are dealing with a medical condition related to the experience. In the context of work, individuals can experience pregnancy discrimination in connection with hiring, firing, promotions, and benefits. Some examples of this include:
- When an employer refuses to hire a qualified candidate because they disclosed during the interview that they are pregnant.
- Demoting or terminating someone after learning about their pregnancy.
- Denying workplace accommodations that someone needs to support their pregnancy, such as modified duties, a more flexible schedule, or needing additional breaks.
- Retaliating against an employee for requesting leave when the time comes to have the child.
Fortunately, for those who plan to become pregnant or already are, California law explicitly prohibits any of these actions from happening. The Fair Employment and Housing Act (FEHA) aims to ensure that all employees are judged based on their qualifications and not their protected characteristics, such as their pregnancy status.
Key California Protections for Pregnant Employees
California has some of the most comprehensive safeguards in the nation to protect pregnant employees. These safeguards ensure that anyone expecting a child can maintain their careers. Some of these protections include:
Equal Treatment in Hiring and Employment
It is illegal in California to refuse to hire someone after learning they are pregnant. Just because someone will need leave or special accommodations early on is not enough of a reason not to hire someone, especially if they are clearly the most qualified candidate for the job. This is because pregnancy is treated just like a temporary medical condition. Also, employers are not allowed to ask if you are pregnant or planning to have children during an interview.
Reasonable Accommodations for Pregnant Employees
Those who are pregnant and working in California are entitled to reasonable accommodations to help them perform their job under the new circumstances of their condition. Some of the more common accommodations that are granted include:
- Light-duty assignments or restrictions on heavy lifting.
- Flexible work schedules to ensure they don’t miss any important appointments.
- Extra breaks as needed to address common symptoms of pregnancy, such as fatigue or nausea.
- The ability to sit if the job typically requires standing for long periods.
Employers are expected to act in good faith in determining what accommodation is appropriate or not. If you feel you are being mistreated at work or have been denied reasonable accommodation to meet your pregnancy needs, a Palmdale employment lawyer can help to see if your employer is out of line.
Pregnancy Disability Leave
A pregnancy disability leave, otherwise referred to as PDL, allows employees who are disabled from work due to pregnancy, childbirth, or any other related conditions to take up to four months of unpaid leave. This is true regardless of how small or large your employer is.
Some key aspects of PDL include:
- The leave can be taken intermittently or all at once.
- Employees are able to return to their same jobs under the law.
- Health insurance benefits must continue during the leave period.
This is an extremely important protection for any employee who needs extra time off due to pregnancy or a related medical condition. It helps ensure that workers are not forced to choose between prioritizing their health and building a family over their careers.
FAQs
How Do You Prove Pregnancy Discrimination in California?
To successfully prove pregnancy discrimination in California, you need to identify and gather evidence that shows how you were treated unfairly during the time you were pregnant. To do this, document all discriminatory incidents. This can include when someone made unsavory comments, when you experienced a sudden change in your performance reviews, or when were denied reasonable accommodations. A Riverside pregnancy discrimination attorney can help evaluate this and build a strong case.
What Is the EEOC Rule for Pregnancy Discrimination in California?
The Equal Employment Opportunity Commission (EEOC) is responsible for upholding federal laws such as the Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA), which ban pregnancy-related discrimination and require employers to provide reasonable accommodations. In addition to these federal protections, California has its own laws, including the Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDL). These state laws go further by granting extended leave rights and ensuring job protection for workers dealing with pregnancy-related disabilities.
What Should I Do If My Employer Denies My Accommodation Request?
If your employer has denied what you believe is a reasonable accommodation request to assist with your pregnancy, the first step is to have a calm and professional conversation with them to better understand their reasoning. If the denial still seems unjustified to you, document the interaction. Then, connect with an employment attorney to seek their advice. The earlier you connect with outside legal help, the quicker you can receive the help you need.
How Can I Talk to My Employer About My Pregnancy?
When informing your employer about your pregnancy, arrange a private one-on-one meeting, either in person or online, to share the news, provide your expected due date, and show your dedication to ensuring a smooth transition at work. Prepare a draft outline of your maternity leave and any adjustments you may need, and be ready to work with your manager and HR to finalize the details and review your rights. After the meeting, send a follow-up email summarizing the main points of your discussion.
Contact Kramer Brown Hui LLP Today
If you have recently learned you are pregnant or have been denied certain workplace rights that you believe are unfair, contact our law firm today. We have been helping families for years deal with instances of pregnancy discrimination and would be honored to extend our services to help you perform your work while preparing for your next exciting chapter in life.
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