Friday, March 28, 2008

Pregnancy discrimination claims were up 14% in 2007, the biggest annual increase in 13 years, and a 40% increase from a decade ago.  According to an EEOC spokesperson, this may only be "the tip of the iceberg."  

Changing demographics indicate that females are becoming more aware of their rights in the workplace, including state and federal laws that prohibit discrimination against pregnant women.  

Discrimination on the basis of pregnancy, childbirth, or related medical conditions is treated as sex discrimination under both federal and California law.  Pregnant women must be treated the same as all other employees.  In addition, under California law, employers must provide reasonable accommodation for employees if a health care provider says that accommodation is required for pregnancy, childbirth, or related medical conditions.  

Thus, employers that fire, layoff, or discipline a pregnant employee must have ample evidence to demonstrate that the action taken was based on legitimate business reasons, and had nothing to do with the employee's pregnancy. 

In addition, California employers must be aware of the state's Pregnancy Disability Leave law, which provides up to four months of leave for women disabled as a result of pregnancy.  

Employers should review their policies and employee handbooks to ensure that they clearly prohibit pregnancy-based discrimination.  Employers should also train their managers on the risks that attach to decisions affecting pregnant employees, and on how to respond to inquires regarding leaves of absence.  

Note: this is general information, not legal advice.  Contact a lawyer for advice regarding a particular situation.  


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