It is unlawful for an employer to discriminate against or harass employees because of pregnancy, perceived pregnancy, childbirth, breastfeeding or any related medical condition.1 It is also unlawful to retaliate against an employee because of pregnancy, perceived pregnancy or because the employee exercised the right to take a pregnancy disability leave or to seek reasonable accommodation. For more information, see Pregnancy.

Discrimination protections also include “perceived pregnancy,” defined as being regarded or treated by an employer as being pregnant or having a related medical condition.2 This protection is intended to protect an employee who is discriminated against or harassed because the employer thinks or believes the employee is pregnant, regardless of whether the employee is actually pregnant. For example, an employer who terminates an employee because they think the employee is pregnant cannot not later argue that the termination was not wrongful simply because it turned out the employee was not, in fact, pregnant.

Pregnancy cannot be a factor in any employment decisions. Employers also should not make employment decisions regarding pregnant employees based on assumptions or stereotypes. For example, don't assume that an employee is unable to perform their job simply because they’re pregnant.

Employers should also avoid making comments about pregnant job applicants or employees that may be discriminatory, such as:

“You’re too pregnant to continue working.”
“Had I known of your pregnancy, you would not have been hired.”
“Aren’t you ever going to quit having kids?”

1. 2 CCR sec. 11036

2. 2 CCR sec. 1035(r)

Pregnancy Discrimination (PDL)

PDL