Pregnancy Discrimination / Failure To Accommodate Pregnancy

California Government Code § 12940 (a) and California Government Code §12926 (r)(1) makes it unlawful for an employer to discriminate against an employee or an applicant for employment on the grounds of their sex, pregnancy, medical conditions related to pregnancy, childbirth, medical conditions related to childbirth, breastfeeding or medical conditions related to breastfeeding.

While California Government Code § 12945 (a)(1) makes it unlawful for an employer to refuse to allow an employee disabled by pregnancy, childbirth, or a related medical condition, to take a leave for a reasonable period of time not to exceed four months and thereafter return to work.

Pregnancy discrimination and failure to accommodate pregnancy may include withdrawing a job offer or refusing to hire an applicant simply because she disclosed that she is pregnant. Asking inappropriate questions about family planning, pregnancy plans, or childcare arrangements to base hiring decisions. Selecting a pregnant employee for redundancy or demoting her under the guise of an organizational restructuring. Unjustifiably cutting hours, removing shifts, or reducing the scope of responsibilities after a pregnancy announcement. Passing over a qualified pregnant employee for career development or training opportunities because of her status.  Refusing to make reasonable workplace adjustments—like allowing a pregnant employee to sit while performing tasks or providing extra breaks for medical appointments. 

Pregnancy discrimination and failure to accommodate pregnancy may also include making an employee’s role redundant while she is on maternity or parental leave. Informing an employee upon her return from parental leave that her original position is no longer available or offering a demoted, lesser role. Or denying an employee ref flexible working arrangements without “reasonable business grounds” when an employee transitions back to work.

If you believe that you have suffered discrimination on account of your pregnancy or that your employer has failed to accommodate your pregnancy, contact the Law Offices of Ugo O. Asobie. Free Consultation. Pregnancy discrimination cases are handled on contingency.