Under California law, it is unlawful for an employer to discriminate against an applicant or employee in terms of compensation, conditions, or privileges of employment due to their pregnancy (or perceived pregnancy), childbirth, or any related medical condition (or perceived medical condition).
Examples of pregnancy discrimination include:
- Asking a job applicant questions regarding childbearing, pregnancy, birth control, or familial responsibilities unless they are related to specific and relevant working conditions of the job in question.
- Refusing to hire a female applicant because she is of childbearing age.
WHAT DOES IT MEAN THAT A WOMAN DISABLED BY PREGNANCY [WHAT IS A RELATED MEDICAL CONDITION]?
A woman is disabled by pregnancy if she is unable to carry out one or more of her essential job functions or if she is unable to carry out any of her job functions without risk to herself, her pregnancy or any other individual.
Examples of when a woman is disabled by pregnancy include:
- Severe morning sickness.
- Bed rest.
- Prenatal or Postnatal care.
- Gestational diabetes.
- Post-partum depression.
- Lactation-related medical conditions.
- Recovery from childbirth, loss or end of pregnancy.
The law also applies to woman who are perceived by the employer as pregnant or having a related medical condition (i.e. having a pregnancy disability)
REASONABLE ACCOMMODATIONS FOR PREGNANT EMPLOYEES
Once the employer has knowledge or perceives that the woman is affected by pregnancy, the employer must engage in the interactive process and provide the woman with a reasonable accommodation. For example, the employer can:
- Grant pregnancy disability leave (PDL) to an employee disabled by pregnancy. This means that if a woman is unable to perform one or more of her essential job functions or to perform any of her job duties without undue risk to herself or her pregnancy, the employer must provide pregnancy disability leave (PDL).
- Maintain and pay for coverage under a group health plan for an eligible employee who takes pregnancy disability leave (PDL).
- Provide the employee for time off for medical appointments.
- Provide the employee with a disability leave, if she is disabled by the pregnancy.
- Reduce the employee’s work schedule.
- Transfer the employee to a less strenuous or hazardous position.
- Provide the employee with light duties or additional breaks.
- Offer and provide FMLA/CFRA leave, if the criteria is met.
CONTACT A LOS ANGELES PREGNANCY DISCRIMINATION LAWYER
If you have been discriminated in the workplace due to your pregnancy or pregnancy related disability, you need to speak to a Los Angeles pregnancy discrimination attorney as soon as possible. Please contact Los Angeles Employment Attorney Morris Nazarian by calling (310) 284-7333 to make an appointment for a free initial consultation or please fill out the Employment Law Case Evaluation Form and Los Angeles Employment lawyer will call or email you as soon as possible.