In California, pregnancy cannot legally disqualify you from a job. State and federal laws protect pregnant employees and job applicants from discrimination, ensuring they have equal access to employment opportunities. If you believe you’re being discriminated against in the workplace because of your pregnancy, contact our Los Angeles employment lawyers for help filing a pregnancy discrimination lawsuit.
Legal Protections Against Pregnancy Discrimination
These laws prohibit pregnancy-based discrimination in hiring, employment, and termination.
Fair Employment and Housing Act (FEHA)
- FEHA applies to employers with five or more employees and explicitly prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- Employers cannot ask about a candidate’s pregnancy status or future family planning during interviews.
- If a pregnant candidate is qualified for the job, an employer cannot refuse to hire them simply because of their pregnancy.
Pregnancy Discrimination Act (PDA)
- The PDA, a federal law under Title VII of the Civil Rights Act, prohibits discrimination against pregnant employees.
- It requires employers to treat pregnancy like any other temporary medical condition.
- Employers must base hiring decisions on a candidate’s qualifications, not their pregnancy.
When Can Pregnancy Impact Hiring Decisions?
While pregnancy itself cannot disqualify you from a job, there are limited situations where an employer might lawfully deny employment:
Inability to Perform Essential Job Functions
If a job requires heavy lifting, exposure to hazardous materials, or other physically demanding tasks, and a pregnant applicant is unable to perform them even with reasonable accommodations, the employer may argue that hiring them is not feasible.
However, under California’s Pregnancy Disability Leave Law (PDLL), employers must provide reasonable accommodations (such as modified duties or temporary job adjustments) to allow a pregnant employee to perform the job.
Medical Restrictions & Safety Concerns
An employer cannot assume that a pregnant employee is unable to perform a job safely. However, if a candidate has medical restrictions from their doctor that prevent them from performing the job’s essential functions, an employer may deny employment. Employers must engage in a good-faith interactive process to explore accommodations before making such a decision.
Bona Fide Occupational Qualification (BFOQ)
In rare cases, an employer may argue that pregnancy affects a Bona Fide Occupational Qualification (BFOQ)—a legal exception that allows discrimination when a specific trait is essential to the job. However, courts rarely accept pregnancy as a valid BFOQ defense.
What to Do If You Face Pregnancy Discrimination?
If you believe an employer refused to hire you because of pregnancy, you have legal options:
- Document Everything: Keep records of job postings, interview conversations, and any correspondence related to your pregnancy and hiring decision.
- File a Complaint: You can file a discrimination claim in Los Angeles with:
- Consult an Employment Lawyer: A Los Angeles pregnancy discrimination attorney can help determine if you have a case and assist with legal action against the employer.
FAQs
Q: Can an employer ask if I am pregnant during a job interview?
A: No. Employers cannot legally ask about pregnancy, family planning, or medical conditions during an interview. Questions about your future plans for having children are also prohibited under discrimination laws.
Q: Can I be denied a job because pregnancy prevents me from performing certain tasks?
A: It depends. If the job requires physically demanding work and your pregnancy prevents you from performing the essential job functions, the employer must first offer reasonable accommodations (such as modified duties). If no reasonable accommodation is possible, they may deny employment, but only after engaging in an interactive process with you.
Q: Do I have to tell a potential employer that I am pregnant?
A: You are not required to disclose your pregnancy during the hiring process unless you choose to. Employers cannot make employment decisions based on your pregnancy status.
Q: Can I be fired if I get pregnant after being hired?
A: No, pregnancy-related firings are illegal. Employers cannot terminate you due to pregnancy, childbirth, or related medical conditions. If your employer fires you after learning you are pregnant, it may be considered wrongful termination in Los Angeles.