Pregnancy discrimination is typically a form of disability, sex, and gender discrimination when an employee experiences a pregnancy-related disability. Common examples of pregnancy discrimination may include termination or forced leave of employment when requesting an accommodation due to a pregnancy-related disability (either during or after pregnancy), breastfeeding, and other related medical conditions. See more: Disability Discrimination and Retaliation; Sex and Gender Discrimination.
Pregnancy Disability Leave grants an employee the legal right to take a reasonable period of time, not to exceed four months, to take leave from work due to a disability related to pregnancy, childbirth, or a related medical condition. In order to qualify, a healthcare provider must provide their opinion that the employee requires leave due to qualifying situations, including but not limited to, severe morning illness, prenatal or postnatal care, postpartum depression, recovery from childbirth, etc. This period of leave runs consecutive to the 12-week CFRA period, meaning that it can be added in addition to leave taken under the CFRA. Pregnancy Disability Leave can either be taken continuously or intermittently (over separate periods of time). (See CFRA and FMLA Rights)
If your employer has interfered with your Pregnancy Disability rights, or retaliated against you for exercising such rights, you may be entitled to compensation for lost wages, lost career opportunities, emotional distress, and punitive damages if your employer acted with malice, oppression or fraud. Your rights are still protected, and you may still be entitled to damages, even if your employer alleges that you were terminated for performance issues or selected in a layoff or reduction in force.
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