Getting a job offer is an exciting milestone. But learning that an employer took back the offer after you shared your pregnancy news can be confusing and stressful. If this happened to you, you may be wondering whether the employer acted legally. Thus, knowing how the law describes pregnancy in the workplace is a good place to start.
Pregnancy as a protected characteristic
Fortunately, under both federal and California state law, pregnancy is a protected characteristic. A protected characteristic is a personal quality the law shields from unfair treatment at work. In fact, both the federal Pregnancy Discrimination Act and California’s Fair Employment and Housing Act (“FEHA”) protect pregnancy, childbirth and related medical conditions from workplace discrimination. This means your employer cannot legally base workplace decisions on your pregnancy status. Additionally, this legal protection also gives you a specific set of rights at work.
What protections are available to you?
Because pregnancy is a protected characteristic, the law gives you specific rights. These protections work to ensure employers treat you fairly. Here are some key protections available to pregnant employees in California:
- Equal treatment: Employers cannot base hiring, pay or promotion decisions on your pregnancy status.
- Reasonable accommodations: Employers with five or more employees must provide reasonable adjustments for pregnancy-related conditions, such as lighter duties or schedule changes.
- Protection from termination: Your employer cannot legally fire you or withdraw a job offer solely because you are pregnant.
- Right to pregnancy disability leave: California law allows qualifying employees to take up to four months of leave for pregnancy-related disability.
These protections also extend to the hiring process itself, which raises an important question about when they take effect.
Do these protections apply before a company hires you?
Many people assume these protections only kick in after they officially start working. However, the law also covers the hiring process. Therefore, if an employer rescinds a job offer after you disclose your pregnancy, that action may count as pregnancy discrimination and raise serious legal concerns under both state and federal law.
How can you protect your rights in the workplace?
Understanding your rights is the first step toward protecting them. California law provides strong safeguards for pregnant workers and those protections exist for a reason. If an employer withdrew a job offer after you disclosed your pregnancy, knowing what the law says can help you make informed decisions about your next steps. The more you understand your rights, the better you can determine whether your employer respected them.
