Employers cannot discriminate against a pregnant employee in the state of California. This commonly occurs when an employer treats disabilities due to pregnancy distinct from and less beneficially than disabilities due to other medical conditions. This law requires that employers treat pregnant women the same as other employees for all employment purposes, including benefits such as disability and leave.
Pregnancy discrimination occurs in a variety of situations.
Leave rights. Employers must provide pregnancy leave. Disabilities due to pregnancy, childbirth, and related medical conditions must be treated the same as other disabilities.
Predetermined leave. Employer cannot force a woman to a pregnancy disability leave at a predetermined time and for a predetermined period without regard to the actual current disability.
Reinstatement. An employer must hold his or her pregnant employee’s position open in the same way that jobs are held open for other employees on leave. At the expiration of the pregnancy leave, the employee must be reinstated to her position.
What are pregnant women rights in California State?
As a part of Title VII, the following remedies are available for a PDA violation:
- Reinstatement or front pay
- Injunctive relief
- Reasonable attorney fees and court costs
- Compensatory damages for pain and suffering
- Punitive damages