San Diego employers can avoid pregnancy discrimination disputes and lawsuits through a bit of knowledge and clear policies. What does an employer in Southern California need to know about the Pregnancy Discrimination Act or PDA. What does the law say about a worker who becomes pregnant or may become pregnant?
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act or PDA is a component of Title VII of the Civil Rights Act. The PDA prohibits discrimination by employers based upon pregnancy in any manner, or at any stage of employment including interviewing and hiring, job qualifications, work assignments, amount of pay, promotions, benefits, or layoff. San Diego employers can avoid pregnancy discrimination by following a few simple steps.
Employers are required to treat the implications of pregnancy in the same manner as they would any other disability, especially in terms of sick leave or temporary disability. It naturally follows that an employer must therefore provide “reasonable accommodations” in the workplace for pregnant employees in the same manner that you would for any other disabled employee.
It is also important to ensure that the Equal Employment Opportunity or EEO policies include pregnancy as one of the protected EEO categories, and that internal policies and procedures and the employee handbook include accommodations that reference employees and workers who are expecting.
It is important to note that if an employer is unaware that an employee is pregnant, the employer cannot be found guilty of pregnancy discrimination. It is also clearly not legal for an employer to deny an employee any specific job because they might become pregnant.
San Diego Employers Can Avoid Pregnancy Discrimination and the Expense of a Dispute or Lawsuit
San Diego employers can avoid pregnancy discrimination and the expense of a dispute or lawsuit through an understanding of the basic rules associated with Title VII and PDA. What are the penalties you could face as an employer? A successful lawsuit for PDA will result in financial recovery for lost wages (they could argue past, present and future) and even restoration of the pregnant employee’s job.
It is not lawful to discriminate during the hiring process, or to suspend, demote, fire, or take any adverse employment-related action simply on the basis of pregnancy. It is not generally your job to worry about heavy lifting or other potential dangers to an expectant employee’s baby. California and US Courts have consistently ruled that decision making regarding the safety of the pregnant employee and her baby are not up to the employer, they are up to the employee and her doctor.
The risk for employment related litigation has substantially increased over the past few years. The “lawyers for employers” at the Watkins Firm are committed to helping our business clients to keep abreast of the myriad of changes in federal, state and local laws and to establish sound policies, procedures and consistent practices that reduce or eliminate the risk of employment related litigation.
The San Diego employer defense attorneys at the Watkins Firm have more than 40 years of proven, successful experience advising and defending area employers. If you are an employer who requires assistance defending a lawsuit, or would like to take all actions necessary to prevent one in the first place we invite you to review our recent podcast Episode 27 – Changes in CA and Federal Law for San Diego Employers as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
