Pregnancy Discrimination It is illegal under the California Fair Employment and Housing Act for an employer of 5 or more persons to discriminate against an employee in compensation or the terms, conditions, or privileges of employment because of pregnancy, childbirth or related medical conditions. Pregnancy discrimination is viewed as a form of sex discrimination under California law. Under the federal Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, employers of 15 or more persons may not discriminate on the basis of pregnancy, childbirth, or related medical conditions. While an employer may not terminate an employee for her pregnancy, it may fire the employee for poor work performance or unacceptable behavior that may result from pregnancy. The pregnancy is not a shield to an otherwise just termination decision. There are strict time limits and procedure for complaining of pregnancy discrimination. Before filing a lawsuit under federal law for pregnancy discrimination, an employee must file a "charge" with the EEOC must ordinarily be filed within 180 days after occurrence of the alleged act of unlawful employment discrimination. To file a lawsuit under the California anti-discrimination law, an employee must make a complaint to the DFEH within 1 year of the discriminatory act.
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