Employees in California are protected against discrimination and harassment on the basis of pregnancy, child-birth, or related medical conditions by both Title VII of the Civil Rights Act of 1964 (Title VII) (amended in 1978 to include the Pregnancy Discrimination Act) and the FEHA (amended by the Pregnancy Disability Leave Act).
Employees in California who are pregnant may be entitled to up to seven months of leave, when stacked with unpaid leave for parents of newborn children in certain circumstances.
Pregnancy Discrimination Act (PDA):
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work.
Fair Employment and Housing Act (FEHA):
The Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. You may file a private lawsuit under the Fair Employment & Housing Act.
If you have any questions or if you believe your rights have been violated, don’t hesitate to contact us for a free consultation.