Is It Discrimination for California Employers to Ask About Pregnancy-Related Conditions?
Pregnancy can be a joyous time, but for some employees, it raises concerns about discrimination in the workplace. California law strongly protects pregnant employees, but what happens if an employer asks about your pregnancy -related conditions? Is such questioning legal, or could it be considered discriminatory?
Here’s what you need to know.
Understanding California’s Protections for Pregnant Employees
California has some of the most comprehensive protections for workers in the United States. Laws such as the California Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL) prohibit discrimination based on pregnancy, childbirth, or related medical conditions. Employers are required to provide reasonable accommodations for pregnancy-related conditions, like modified duties or additional breaks, and they cannot retaliate against employees who request them.
When Can Employers Legally Ask About Pregnancy?
Under California law, employers generally cannot ask prospective employees about pregnancy, family plans, or related health conditions during the hiring process. Such inquiries can easily be considered discriminatory because they suggest the employer might use that information to make biased decisions about hiring, promotions, or job assignments.
However, once you’re employed, an employer might inquire about pregnancy-related conditions if it directly relates to your ability to perform essential job duties. For example, if your role involves heavy lifting and you’ve requested accommodations, your employer may need information from a doctor to provide the necessary adjustments. Even in these scenarios, questions must be carefully limited to relevant medical details and handled with confidentiality.
