What is the California
Pregnancy Disability Leave Law?
Employers cannot
discriminate against a pregnant employee in the state of
California. This commonly occurs when an employer treats
disabilities due to pregnancy distinct from and less beneficially
than disabilities due to other medical conditions. The California
labor law requires that employers treat pregnant women the
same as other employees for all employment purposes, including
benefits such as pregnancy disability and leave.
Pregnancy Discrimination
in California Occurs When:
Leave
Rights
Employers must provide pregnancy leave in California
State. Disabilities due to pregnancy, childbirth, and related
medical conditions must be treated the same as other disabilities.
Predetermined Leave
An employer cannot force a woman to take a pregnancy disability
leave at a predetermined time and for a predetermined period
without regard to the actual current disability.
Reinstatement
An employer must hold his or her pregnant employee's position
open in the same way that jobs are held open for other employees on
leave. At the expiration of the pregnancy leave, the employee must
be reinstated to her position.
California Pregnancy
Disability Law: Remedies
As a part of
Title VII, the following remedies are available for a PDA
violation:
- Back
pay
- Reinstatement
or front pay
- Injunctive
relief
- Reasonable
attorney fees and court costs
- Compensatory
damages for pain and suffering
- Punitive
damages
