It is illegal for an employer to wrongfully discriminate against a person for being pregnant. Furthermore, it is illegal for an employer to wrongfully terminate an employee because of being In 1978, Title VII of the Civil Rights Act of 1964 was amended by the Pregnancy Discrimination Act (PDA). Discrimination that is solely based on pregnancy, childbirth, or other related condition is illegal and constitutes as sex discrimination under Title VII. Pregnancy discrimination incorporates treating a woman unfairly or with bias because she is pregnant, about to give birth, or has some other “disability” which is or was related to her pregnancy. In the eyes of the law, a disability is that which inhibits an employee from performing their employment duties at full capacity. Women who have been or are affected by pregnancy in some way or another must be treated in the exact same way as employees who have similar work-related disabilities.

The state of California gives pregnant women more protections under the law than the federal laws set in place. The California Fair Employment and House Act (FEHA), like the PDA, protects women from discrimination which includes discrimination against pregnancy, childbirth, and other related medical conditions that arise from that pregnancy. The FEHA is different from the PDA, the FEHA applies to all employers which have just five or more employees under their watch.

A woman who has become pregnant and is temporarily unable to perform her employment function to their fullest due to her pregnancy or childbirth must be treated in the exact same way as other employees who have also been temporarily disabled. The employers may not single out pregnant women and treat them any differently. For example, if a temporarily disabled worker was provided alternative assignments, given a lighter workload, disability leave, or unpaid leave, the employers must also do so for pregnant women.

Because disability has such a broad definition in the eyes of the law, disabilities that come from pregnancy (like preeclampsia, gestational diabetes, for instance) may fit under the Americans with Disabilities Act (ADA). If this is the case, then the employer may be required to provide reasonable accommodation for the disability that is related to pregnancy. Such accommodations may include using a chair or stool to increase comfort and reduce stress, or being exempt from lifting heavy objects, which were a part of her duties but can no longer lift due to the disability. Normal pregnancies, and all of the usual and expected physical changes that come with experienced gestation are not covered by ADA. In comes FEHA which offers more protection to pregnant women. Employers that are subject to FEHA must provide their pregnant employees, if they have any, to reasonable accommodations when they have physical restrictions due to her pregnancy, childbirth, or some other related condition that is connected to her being pregnant.

Under the Family and Medical Leave Act (FMLA), pregnant employees may be entitled to a special pregnancy leave for any medical condition that arises from their pregnancy, childbirth, or other related issues that arises from their pregnancy. If the employer has at least 50 employees, that employer must comply with FMLA regulations and give their employees up to twelve (12) weeks of unpaid time off to care for their medical needs. In the case of pregnant women, these medical needs are anything which relates to their pregnancy.

Under the state of California, employees can qualify for a temporary disability insurance program which grants them funds for both disability and family leave. This can be very helpful to employees because under this policy an employee who is temporarily unable to work can get up to two-thirds of their salary through this program while they take their leave and tend to their disability. After childbirth, the employee can continue to receive a part of their salary under the state’s paid family leave program.

It is considered discrimination when an employer makes a decision that is solely based off of a woman’s pregnancy, or pregnancy-related medical issue. This discrimination is considered to be sex discrimination as becoming pregnant is exclusive to only women. If you were fired because you were pregnant you have to provide proof to convince the jury and judge that your termination was based off sex discrimination.

So what are the damages that are available to a woman if she was fired from her job for becoming pregnant? It is possible for the employee to ask for her job back — this is called “reinstatement,” but is not very common as there is already so much tension between the parties involved. More commonly accepted forms of compensation include the following:

• Front Pay – To compensate you if you are unlikely to find a job for a period of time in the future.
• Back Pay, Lost Benefits, and Out-of-Pocket Expenses – These are all forms of compensations that you may have suffered as a result for being wrongfully terminated.
• Court Costs & Attorney Fees.
• Punitive Damages – These are fees that are made to punish your ex-employer for breaking the law.

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