(a) Employer Obligations
(1) Except as excused by a permissible defense, it is unlawful for any employer to:
(A) refuse to hire or employ an applicant because of pregnancy or perceived pregnancy;
(B) refuse to select an applicant or employee for a training program leading to employment or promotion because of pregnancy or perceived pregnancy;
(C) refuse to promote an employee because of pregnancy or perceived pregnancy;
(D) bar or to discharge an applicant or employee from employment or from a training program leading to employment or promotion because of pregnancy or perceived pregnancy;
(E) discriminate against an applicant or employee in terms, conditions or privileges of employment because of pregnancy or perceived pregnancy;
(F) harass an applicant or employee because of pregnancy or perceived pregnancy, as set forth in section 11036;
(G) transfer an employee affected by pregnancy over her objections to another position, except as provided in section 11041(c), below. Nothing in this section prevents an employer from transferring an employee for the employer's legitimate operational needs unrelated to the employee's pregnancy or perceived pregnancy;
(H) require an employee to take a leave of absence because of pregnancy or perceived pregnancy when the employee has not requested leave;
(I) retaliate, discharge, or otherwise discriminate against an applicant or employee because she has opposed employment practices forbidden under the FEHA or because she has filed a complaint, testified, or assisted in any proceeding under the FEHA; or
(J) otherwise discriminate against an applicant or employee because of pregnancy or perceived pregnancy by any practice that is prohibited on the basis of sex.
(2) Except as excused by a permissible defense, it is unlawful for any employer to:
(A) refuse to provide employee benefits for pregnancy as set forth at section 11044 below, if the employer provides such benefits for other temporary disabilities;
(B) refuse to maintain and to pay for coverage under a group health plan for an eligible employee who takes pregnancy disability leave, as set forth at section 11044 below, under the same terms and conditions that would have been provided if the employee had not taken leave;
(C) refuse to provide reasonable accommodation for an employee or applicant affected by pregnancy as set forth at section 11040 below;
(D) refuse to transfer an employee affected by pregnancy as set forth at section 11041 below;
(E) refuse to grant an employee disabled by pregnancy a pregnancy disability leave, as set forth at section 11042 below; or
(F) deny, interfere with, or restrain an employee's rights to reasonable accommodation, to transfer or to take pregnancy disability leave under Government Code section 12945, including retaliating against the employee because she has exercised her right to reasonable accommodation, to transfer or to take pregnancy disability leave.
(b) Permissible defenses, as defined at section 11010, include a bona fide occupational qualification, business necessity or where the practice is otherwise required by law.
Authority cited:
Government Code 12935(a)
Reference:
Government Code 12926
Government Code 12940
Government Code 12945
42 U.S.C. 2000e
42 U.S.C 701(k))
(Amended by Register 2013, No. 40.)