Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA), a provision of Title VII of the Civil Rights Act of 1964 (Title VII) and the California Fair Employment and Housing Act (FEHA) make it unlawful for employers to discriminate on the basis of “sex.” Under both federal and California state law, discrimination on the basis of “pregnancy, childbirth, or a related medical condition” is treated as “sex” discrimination.

The PDA and the FEHA make it unlawful for an employer to discriminate against any person because of “pregnancy, childbirth, or a related medical condition” with respect to any terms, conditions, or privileges of employment – including, but not limited to, hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training. This means, for example, an employer may not fire or refuse to hire a woman because she had an abortion, terminate a woman for taking time off to undergo in vitro fertilization, or, most commonly, fire a woman for taking their entitled pregnancy leave.

Unfortunately, many women are treated differently at work after they tell their boss they are pregnant. If you have been terminated, prevented from taking a leave, or otherwise discriminated against because of your pregnancy, we can help. We offer private consultations for advice about how to tell your boss you are pregnant and to educate you about how to protect your rights in the workplace before there is a problem.

Please contact our office for more information.