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What Protections Are Available for Pregnant Workers in California?

HomeBlogWhat Protections Are Available for Pregnant Workers in California?
October 31, 2024

In California, pregnant workers are safeguarded by a robust framework of laws designed to ensure their rights and well-being in the workplace. Understanding these protections is crucial for any expectant or new mother navigating her professional life. Key among these legal protections are the Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL), both of which offer comprehensive coverage against discrimination and guarantee fair treatment.

At Olivier & Schreiber, P.C., we have a team of experienced employment lawyers who handle pregnancy discrimination cases and advocate for the rights of pregnant workers. Through our work, we have seen firsthand how these laws have transformed the workplace environment for expectant mothers, allowing them to balance their personal and professional lives without fear of retaliation or discrimination.

Understanding the Fair Employment and Housing Act (FEHA)

The FEHA is a cornerstone of California’s commitment to preventing discrimination in the workplace. It prohibits employers from discriminating against employees based on sex, which explicitly includes pregnancy, childbirth, and related medical conditions. Under FEHA, employers must treat pregnant employees the same as any other employee who is temporarily disabled. This means that if an employer provides accommodations to other temporarily disabled workers, they must extend the same to pregnant workers.

The Pregnancy Disability Leave Law (PDLL)

The PDLL offers specific protections for pregnant employees, granting them the right to take up to four months of leave for pregnancy-related conditions. This leave is afforded to women who are disabled by pregnancy, childbirth, or a related medical condition. Importantly, the PDLL ensures that during this leave, the employee’s job is secured. Employers are required to maintain the employee’s position or a comparable one upon her return, safeguarding job security during a vulnerable period.

Rights to Reasonable Accommodations and Job Security

Under these laws, pregnant employees are entitled to reasonable accommodations that assist them in performing their job functions safely. For instance, if a pregnant worker’s doctor recommends avoiding heavy lifting, the employer must modify the job duties accordingly unless doing so would impose an undue hardship on the business.

Moreover, the law prohibits any form of discrimination against a woman due to pregnancy. This includes denial of promotions, unfair treatment, or any adverse employment decision based on pregnancy or conditions related to it.

Actionable Advice

For pregnant workers, it’s crucial to communicate openly with employers about necessary accommodations and document all interactions related to pregnancy and work adjustments. If challenges arise, starting with a conversation with HR or a direct supervisor can often lead to a resolution. However, if discrimination persists, legal avenues are available.

Seek Legal Assistance

If you believe your rights as a pregnant worker are being violated, it is vital to seek legal guidance. The experienced attorneys at Olivier & Schreiber, P.C. protect the rights of employees and can provide the support and representation needed to navigate these situations.

Get In Touch

Pregnancy should be a celebrated journey, not a period of uncertainty in your professional life. By understanding and exercising your rights, you can ensure a secure and fair working environment. For legal assistance, contact us today for a consultation.

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