PREGNANCY DISCRIMINATION
Discrimination based on pregnancy is illegal under both the California Fair Employment and Housing Act (FEHA) and the Federal Title VII laws.
This includes discrimination based on pregnancy, childbirth, or related medical conditions. Even discrimination based on the “potential” for pregnancy is illegal. Additionally, it is unlawful for an employer to ask a prospective employee whether or not she is or intends to become pregnant.
Accommodating Pregnancy
Employers have a number of responsibilities to employees who become pregnant. For instance, if a woman becomes pregnant, and with the advice of her doctor asks for a position that is less strenuous or hazardous, the employer must transfer her to another position if it has one, or can make one without being “unduly burdened.” Basically, if it’s not too much trouble for the employer to accommodate the woman’s needs, he has to do it.
Pregnancy Family Medical Leave Federal Title VII Law does not explicitly require employers to grant Pregnancy leave, although it does prohibit Pregnancy discrimination. However, the Federal Law does require employers to grant medical leaves, which are applicable to pregnant women (See separate section on family and medical leave.)
The California FEHA specifically gives pregnant employees the right to take a leave of absence for a reasonable period of time, not to exceed four months. The employer, however, does not have to pay his employee during this time.
This includes discrimination based on pregnancy, childbirth, or related medical conditions. Even discrimination based on the “potential” for pregnancy is illegal. Additionally, it is unlawful for an employer to ask a prospective employee whether or not she is or intends to become pregnant.
Accommodating Pregnancy
Employers have a number of responsibilities to employees who become pregnant. For instance, if a woman becomes pregnant, and with the advice of her doctor asks for a position that is less strenuous or hazardous, the employer must transfer her to another position if it has one, or can make one without being “unduly burdened.” Basically, if it’s not too much trouble for the employer to accommodate the woman’s needs, he has to do it.
Pregnancy Family Medical Leave Federal Title VII Law does not explicitly require employers to grant Pregnancy leave, although it does prohibit Pregnancy discrimination. However, the Federal Law does require employers to grant medical leaves, which are applicable to pregnant women (See separate section on family and medical leave.)
The California FEHA specifically gives pregnant employees the right to take a leave of absence for a reasonable period of time, not to exceed four months. The employer, however, does not have to pay his employee during this time.
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