For more information, see Sex and Gender and Pregnancy Disability Leave.“Perceived pregnancy” is defined by California regulations as “being regarded or treated by an employer or other covered entity as being pregnant or having a related medical condition.”3

Pregnancy and perceived pregnancy discrimination includes:

• Refusing to hire an applicant;
• Refusing to select an applicant or employee for a training program that leads to employment or promotion;
• Refusing to promote an employee;
• Barring or discharging an applicant or employee from employment or from a training program that leads to employment or promotion;
• Refusing to provide continued coverage under a group health plan for an eligible employee who takes pregnancy leave;
• Refusing to provide the pregnant employee other employee benefits when those benefits are provided for other temporary disabilities;
• Discrimination or harassment against an employee because of pregnancy (including perceived pregnancy) or because she exercised her right to take PDL or transfer;
• Retaliation for opposing forbidden practices;
• Refusing to provide reasonable accommodations for an employee’s conditions related to pregnancy, childbirth or related medical conditions;
• Refusing to transfer the employee who is affected by pregnancy;
• Requiring an employee to transfer to another position over her objections, except when specifically permitted by law. For more information, see Providing Reasonable Accommodation and Transfer ;
• Requiring an employee to take a leave of absence because of pregnancy or perceived pregnancy when the employee has not requested the leave; and
• Refusing to grant PDL to an employee disabled by pregnancy. For more information, see Pregnancy Disability Leave

There are permissible defenses to pregnancy discrimination charges. For more information, see Defense Against a Claim of Discrimination.

To support their claims, employees can rely on evidence that other employees (present or former) were treated differently because of their pregnancy.4

Defending Against a Pregnancy Discrimination Claim

If an employee fails to notify you about the pregnancy and there is no evidence that you knew or should have known of the condition, you have a valid defense against a pregnancy discrimination claim, according to a ruling of a California appeals court.

In Trop v. Sony Pictures Entertainment, Inc., the employee told co-workers in confidence of her pregnancy, but there was no evidence that her supervisor knew. Negative comments from the supervisor about childbearing, by themselves, did not establish prior knowledge of the pregnancy.

The court said that if the pregnancy is not apparent and the employee did not disclose it to her employer, the employee must present evidence to prove that the employer knew.5

1. 2 CCR sec. 11039; Title VII of the Civil Rights Act of 1964

2. Govt. Code secs. 12926, 12940

3. 2 CCR sec. 11035(q)

4. Johnson v. United Cerebral Palsy Inc., 173 Cal. App. 4th 740 (2009)

5. Trop v. Sony Pictures Entertainment, Inc., 129 Cal. App. 4th 1133 (2005)