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Understand the types of pregnancy discrimination

by | Feb 5, 2020 | Firm News |

Many women in the workplace can fall victim to pregnancy discrimination, regardless of whether they are pregnant or not. This is because a person can be discriminated against if they are perceived to be pregnant, or if another person in the workplace believes that the person may become pregnant in the workplace.

While pregnancy and childbirth will undoubtedly affect a person’s career in the short term, those who become pregnant or who may become pregnant in the future are legally protected from any type of unfavorable action made against them in the workplace due to their pregnancy. If you are concerned that you might have fallen victim to pregnancy discrimination, you must take the time to understand the law.

What are employers prohibited from doing?

First, employers should not let a pregnancy or potential pregnancy affect the hiring process in any way. Therefore, they cannot refuse to hire, refuse to promote or fire a pregnant employee because of their pregnancy or pregnancy-related condition.

When interviewing prospective employees, employers must also refrain from asking questions relating to pregnancy in the interview. In general, they should avoid asking pregnant interviewee anything that they would not ask a non-pregnant employee.

Employers must hold open jobs for pregnancy-related absence in most circumstances. Generally speaking, pregnant employees have the same job protections as disabled workers and workers suffering from an illness. Under the law, pregnancy is treated as a temporary disability.

If an employee has had an abortion, they have the right to be free from any form of discrimination because of this. A person who has had an abortion or is considering having an abortion cannot have any negative action taken against them by their employer because of their choice.

Pregnant employees who are single have the right to the same treatment and benefits as pregnant employees who are married, and no judgment or interrogation should be made by employers regarding the circumstances of the pregnancy.

Pregnancy discrimination is, unfortunately, a common occurrence in California, and it can occur in a wide range of circumstances. You should make sure to take action if you believe that you have been subject to pregnancy discrimination, and in doing so you will be able to protect your career prospects.