Pregnancy Discrimination

by Don D. Sessions
Employee Rights Attorney
Mission Viejo, California

Originally Published in The Los Angeles Times, February 13, 1995

Q: "I am more than four months’ pregnant. My doctor has put me on bed rest because of extremely high blood pressure, passing out, dizziness and vomiting. Can my employer terminate me because of "hardship to the company" or when I return to work, reduce my pay and job responsibilities—even if I have a full release from my doctor to return to work with no restriction?

"I am an accounting clerk. The company has about 50 employees but the company is moving out of state in May."

A: "According to federal law, employers cannot discriminate against pregnant employees if the employer has 15 or more workers. According to state law, if the employer has at least five employees the employer cannot so discriminate and must give you up to four months of leave for a pregnancy related illness. Such leave does not need to be taken at one time.

"Additionally, other federal and state legislation has provided another four months’ worth of leave to care for yourself or your family. In total, a pregnant person might claim eight months of leave.

"Upon your return to your work, the employer must return you to your former job unless your job has been eliminated for reasons other than your leave or there is a reasonable hardship for the employer to hold your job open rather than leaving it either unfilled or filling it with temporary employees.

"The employer’s finances and size may be a factor in deciding what is in fact a reasonable hardship. If the employer cannot return you to your former job, you must be returned to a substantially similar job unless one is not available or if one is available, given such a job to you would again be a reasonable hardship. Often it is very difficult for the employer to justify not giving you such a job.

"If the company is moving out of the state, the employer has to give you the same opportunities to move with the company that it gives its other employees who are not pregnant."

For questions, call (800) 774-7494 or access job-law.com. © Sessions & Kimball LLP.