San Francisco Pregnancy Discrimination Attorneys

The pregnancy discrimination lawyers at Minnis & Smallets help women who have been subjected to pregnancy discrimination at work.

California and federal law prohibits pregnancy discrimination in hiring, firing, and in the terms and conditions of employment. California law also guarantees most employees the right to take job-protected pregnancy leave under certain circumstances. When those laws are violated, the pregnancy discrimination lawyers at Minnis & Smallets help individuals pursue compensation and other remedies.

What is pregnancy discrimination?

Pregnancy discrimination involves treating a pregnant employee or job applicant unfavorably because of her pregnancy. Pregnancy discrimination is often based on the stereotype that pregnant women will not continue in their job after childbirth or on the belief that pregnant women are less capable than other employees.

Examples of illegal discriminatory treatment include:

Refusing to hire an employee because of her pregnancy.
Terminating an employee after learning that she is pregnant.
Refusing to give a pay raise or promotion to an employee because she is pregnant.
Delaying a pay raise until a pregnant employee returns to work after delivering her baby.
Assigning a pregnant employee to a less favorable shift or to a less visible position.

In some cases, employers make comments or engage in other behavior that, standing alone, shows pregnancy discrimination. This includes making disparaging remarks about pregnant employees or stereotyping pregnant employees. In other cases, discrimination is inferred from the circumstances or timing of events, including the fact that the employer treats a pregnant employee less favorably than a similar employee who is not pregnant or begins to treat an employee differently after learning she is pregnant.

What accommodations are employers required to provide to pregnant employees?

Employers are required to provide reasonable accommodation to a pregnant employee at her request, in accordance with the advice she receives from her doctor, to enable her to perform her job duties while pregnant or experiencing a related medical condition. Examples of reasonable accommodations that employers may be required to provide to pregnant employees include a reduction in the weight an employee is required to lift, extra bathroom breaks, or transfer to a less strenuous position.

Are pregnant employees entitled to medical leave?

Pregnant employees working for an employer with 5 or more employees may be entitled to unpaid leave under California’s Pregnancy Disability Leave Act. This law allows pregnant employees to take up to four months of pregnancy disability leave to cover the time in which they are actually disabled due to pregnancy, childbirth, or related medical conditions. A disability refers to the inability to perform an essential job function due to pregnancy without placing the employee or her pregnancy at risk.

Pregnancy disability leave is in addition to the leave available to care for a sick baby or to bond with a new child under the California Family Rights Act (CFRA), which provides an additional 12 weeks of unpaid leave for parents of newborn children who meet the eligibility requirements of the CFRA. Leave available under the federal Family Medical Leave Act (FMLA) runs concurrently with California state law.

The Pregnancy Disability Leave Act, FMLA, and CFRA provide employees with job-protected leave, meaning that, in most cases, the employer must allow the employee to return to the same job after the leave has ended. The employer may not interfere with an employee’s leave rights or retaliate against an employee requesting or taking pregnancy disability leave. The employer may not use the employee’s leave as a negative factor in employment decisions, such as termination, promotion or reinstatement.

Where can I get legal help?

The pregnancy discrimination attorneys at Minnis & Smallets represent employees whose employment rights were violated due to pregnancy or childbirth. Call us at 1-415-551-0885 or submit our contact form to learn how we can help you.

FAQs About Pregnancy Discrimination in California

How can a pregnant employee determine if they are facing discrimination?

Pregnant employees can identify discrimination by recognizing unfavorable treatment that occurs because of pregnancy, childbirth or related medical conditions. Common indicators include sudden changes in job assignments, denial of promotions after announcing pregnancy or disparaging comments about pregnant workers. The timing of adverse employment actions often reveals discriminatory intent, particularly when negative treatment begins immediately after an employer learns of the pregnancy.

Is an employer required to make accommodations for pregnant employees?

Employers need to provide reasonable accommodations to pregnant employees upon request, in accordance with medical advice from healthcare providers. Required accommodations may include reducing lifting requirements, providing additional bathroom breaks or transferring employees to less physically demanding positions. These accommodations enable pregnant employees to continue performing essential job functions while protecting their health and pregnancy.

What kind of leave are employees entitled to for pregnancy?

Pregnant employees working for employers with five or more employees may qualify for up to four months of unpaid leave under California’s Pregnancy Disability Leave Act. This covers time when employees are actually disabled due to pregnancy, childbirth or related medical conditions. Furthermore, eligible employees can access up to 12 weeks of family bonding leave under the California Family Rights Act after the birth of their child.

Does California law protect employees from discrimination due to pregnancy?

California law provides comprehensive protection against pregnancy discrimination through state and federal statutes. The California Fair Employment and Housing Act and federal laws prohibit discrimination in hiring, firing and employment terms based on pregnancy. These laws also guarantee job-protected leave and require employers to provide reasonable accommodations, creating a strong framework of legal protections for pregnant employees.

What recourse do employees have if they experience discrimination?

Employees who experience pregnancy discrimination have several legal remedies, including compensation for lost wages and reinstatement to their position. The first step is to file a complaint with the appropriate state or federal agency. An employment attorney can evaluate the situation and explore appropriate remedies.