What are my rights if I become pregnant during my employment?

It is illegal under the California Fair Employment and Housing Act for an employer of 5 or more persons to discriminate against an employee in compensation or the terms, conditions, or privileges of employment because of pregnancy, childbirth or related medical conditions. Pregnancy discrimination is viewed as a form of sex discrimination under California law.

Under the federal Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, employers of 15 or more persons may not discriminate on the basis of pregnancy, childbirth, or related medical conditions.

While an employer may not terminate an employee for her pregnancy, it may fire the employee for poor work performance or unacceptable behavior that may result from pregnancy. The pregnancy is not a shield to an otherwise just termination decision.

There are strict time limits and procedure for complaining of pregnancy discrimination. Before filing a lawsuit under federal law for pregnancy discrimination, an employee must file a "charge" with the EEOC must ordinarily be filed within 180 days after occurrence of the alleged act of unlawful employment discrimination. To file a lawsuit under the California anti-discrimination law, an employee must make a complaint to the DFEH within 1 year of the discriminatory act.

Pregnancy discrimination violates Article I § 8 of the California Constitution's ban on sex discrimination. It is against the public policy of the State of California and the United States of America to terminate a person's employment because of her pregnancy, childbirth or related medical condition. A victim of a wrongful termination may bring an action against their former employer (regardless of how many employees it has) in a California court for wrongful termination in violation of public policy.

Under the California Fair Employment and Housing Act it is illegal to harass someone because of their pregnancy, childbirth or related medical condition. Employers and employees who commit the harassment may be liable for violations of this law. Creation of a hostile work environment is a form of harassment.

There are several laws which provide employees with protected leave from work during and after pregnancy. Under the California Fair Employment and Housing Act (which includes the California Pregnancy Disability Leave Law), it is unlawful for an employer of 5 or more persons to refuse to allow a female employee "disabled" by a pregnancy, childbirth or related medical conditions to take a leave for a reasonable period of time not to exceed 4 months. After the leave, the employee may return to the same position she had before or a comparable position. The employee may even be able to return to work after exceeding the 4 months if the employer has allowed other employees to do so. Under a California regulation, the employee who takes such leave may use any accrued vacation leave during this period of time. This leave of absence may not be taken before the disability begins or after it ends. The employer can require the employee to provide reasonable notice of the date the leave of absence will begin and its expected duration. The employer need not return the employee to her position if her position would have been eliminated regardless of the pregnancy or safety and efficiency would be compromised.

If the employee has worked for at least a year for an employer of 50 or more persons, the employee may take up to 12 additional weeks of leave under the California Family Rights Act. This leave is available for many purposes, including time to bond with a biological, adopted or foster child or to care for a seriously ill child. This law also requires reinstatement.

The leaves of absence described above are unpaid. However, an employee may be entitled to State Disability or Paid Family Leave, forms of government assistance.

Under the California Fair Employment and Housing Act, it is unlawful for an employer to refuse to provide a reasonable accommodation requested by an employee for conditions of pregnancy, childbirth, or related medical conditions. The request must be supported by advice from a doctor or other healthcare provider. This can include transfer of such an employee to a less strenuous or hazardous position for the duration of the pregnancy or childbirth related disability where the transfer can be reasonably achieved. However, the employer is not obligated to create an entirely new position for the employee as an accommodation. Employees should also note that the federal Pregnancy Discrimination Act does not prohibit the denial of personal leave for breast-feeding and childcare.

Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Health insurance for expenses arising from abortion is not required, except where the life of the mother is endangered.

Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable-and-customary-charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as amounts payable for other conditions. No additional, increased, or larger deductible can be imposed.

Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions.

If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions.

A victim of pregnancy discrimination who prevails on her claims at trial may be awarded reinstatement to her position (if fired) as well as compensation for emotional distress, past and future lost wages, punitive damages, attorney's fees, expert witness fees and costs.