The California Fair Employment and Housing (“FEHA”) prohibits discriminating against an employee because of pregnancy, including childbirth and/or medical conditions related thereto.
In order to prove a claim for pregnancy discrimination an prospective plaintiff must demonstrate that they were: (1) pregnant; (2) performing competently in her position; (3) suffered an adverse employment action, such as a termination, demotion or denial of an available job; and (4) the circumstances suggests the adverse action was as a result of discriminatory motive.” Guz v. Bechtel National, Inc. (2000) 24 Cal. 4th 317, 355.
When determining whether “adverse action” has occurred the law mandates that the unique circumstances of the affected employee, as well as the context of the particular workplace must be taken into consideration. Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal. 4th 1028, 1052.