Pregnancy Discrimination in the Workplace: Know Your Rights in Southern California
In Southern California’s competitive work environment, expecting mothers should be focused on their health and preparation for their new arrival—not fighting workplace discrimination. Unfortunately, pregnancy discrimination remains a significant issue affecting many working women throughout Los Angeles, San Bernardino, Riverside, and Orange counties.
What Constitutes Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or related medical conditions. This unfair treatment can manifest in various ways:
- Refusing to hire qualified pregnant applicants
- Terminating employment upon learning of pregnancy
- Denying promotions or training opportunities
- Reducing work hours or responsibilities without request
- Forcing pregnant employees to take leave when they are able and willing to work
- Creating a hostile work environment related to pregnancy
California’s Robust Legal Protections
California offers some of the strongest pregnancy protections in the nation, significantly exceeding federal standards. As a Southern California worker, you’re entitled to comprehensive legal safeguards:
Fair Employment and Housing Act (FEHA)
FEHA provides broader protections than the federal Pregnancy Discrimination Act. While federal law applies to employers with 15 or more employees, FEHA covers California employers with just 5 or more employees, ensuring more workers receive protection.
Pregnancy Disability Leave (PDL)
California’s PDL law entitles eligible employees to up to four months of disability leave for pregnancy, childbirth, or related conditions. This applies regardless of how long you’ve worked for your employer, provided they employ 5 or more people.
California Family Rights Act (CFRA)
After PDL, eligible employees can take an additional 12 weeks of leave to bond with their newborn. Unlike federal FMLA, CFRA now applies to employers with 5 or more employees as of January 1, 2021.
Reasonable Accommodations
California law mandates that employers provide reasonable accommodations for pregnant employees, such as:
- Modified work duties
- Ergonomic adjustments
- More frequent breaks
- Flexible scheduling
- Temporary transfers to less strenuous positions
Red Flags: Recognizing Pregnancy Discrimination
Pregnancy discrimination isn’t always obvious. Here are some warning signs:
- Sudden negative performance reviews after announcing pregnancy
- Being excluded from meetings, projects, or client interactions
- Inappropriate comments about your pregnancy, appearance, or ability to work
- Pressure to take leave earlier than medically necessary
- Refusal to accommodate pregnancy-related medical needs
- Questions during interviews about family planning or pregnancy status
Steps to Take If You’re Experiencing Discrimination
If you believe you’re facing pregnancy discrimination in your Southern California workplace:
- Document everything. Keep detailed records of discriminatory comments, actions, emails, and how they differ from treatment of non-pregnant colleagues.
- Review your company policies. Familiarize yourself with your employer’s handbook regarding pregnancy leave and accommodations.
- Follow proper reporting procedures. Report discrimination to HR or management according to company policy, preferably in writing.
- Preserve communications. Save all emails, text messages, and written correspondence related to your pregnancy and treatment at work.
- Consult with an employment attorney. Southern California employment laws provide significant protections, and an experienced attorney can help you understand your specific rights.
- File a complaint. If internal resolution fails, you may file a complaint with California’s Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
How Ochoa & Calderón Can Help
Our experienced employment attorneys specialize in pregnancy discrimination cases throughout Southern California. We can:
- Evaluate your situation and determine if discrimination has occurred
- Explain your legal rights under California’s expansive protections
- Help gather and preserve evidence supporting your claim
- Represent you in negotiations with your employer
- File necessary complaints with government agencies
- Pursue litigation if a fair resolution cannot be reached otherwise
Our deep understanding of both federal and California-specific pregnancy protection laws allows us to effectively advocate for pregnant workers in San Bernardino, Riverside, Orange County, and throughout Southern California.
The Cost of Not Taking Action
Pregnancy discrimination doesn’t just affect your current employment—it can impact your career trajectory, financial stability, and even your health during pregnancy. California’s strong legal protections exist to ensure expecting mothers can maintain both their career and a healthy pregnancy.
The answer is clear: legal representation ensures better outcomes for your claim. At Ochoa & Calderón, we fight for car accident victims to secure the compensation they deserve. Call us today at 951-901-4444 or 844-401-0750 toll-free to schedule a free consultation. You can also contact us online.
