Pregnancy Hiring Discrimination

Simply put, an employer cannot refuse to hire a woman because of her pregnancy as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of coworkers, clients or customers.

What are My Rights for Maternity Leave?

Women may seek maternity leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). The California Pregnancy Disability Leave Law (PDLL) may also provide up to four months of leave to women disabled by pregnancy. Denying these pregnancy leaves is illegal and a violation of your rights.

An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, an employer may use any procedure used to screen other employees’ ability to work. For example, if an employer requires its employees to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.

Employers must hold open a job for a pregnancy-related absence or maternity leave the same length of time jobs are held open for employees on sick or disability leave.

Pregnancy Discrimination Act and Health Insurance

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, but only to the same extent as costs 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.

Employee Fringe Benefits for Pregnancy

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.

Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

Free Consultation to Learn Your Right to File a Pregnancy Discrimination Act Case

If you are a victim of discrimination in the workplace, contact a Los Angeles discrimination lawyer at our law firm today to set up a consultation. During this claim review, our employment law attorneys can give information about what to do about discrimination at work as well as provide free legal advice. You should not have to choose between your job and your family, call us today! All attorney consultations are confidential and with no obligation.