Under the Fair Employment and Housing Act (FEHA), California law provides strong protections for workers facing pregnancy-related mistreatment. State law clearly protects workers from mistreatment based on pregnancy, childbirth, breastfeeding and related health needs.
When comments cross the line into illegal harassment
In California, a single remark may be enough in some situations if the conduct is severe enough to support a harassment claim. Repeated remarks about parental leave or a serious comment about a worker’s changing body may contribute to a hostile work environment under state law.
Examples of harassing comments
Harassment does not have to be sexual to be illegal. Unlawful pregnancy-related comments often include:
Rude body comments: Unwanted jokes or mean remarks about a pregnant worker’s weight gain, body size or physical look.
- Doubting work ethic: Remarks implying an employee is “distracted,” “slacking off,” or no longer cares about her job because of her pregnancy.
- Anger over time off: Snide comments about bathroom breaks, doctor visits or upcoming parental leave (like “must be nice to get a long vacation”).
- Nosy questions: Prying into family plans, birth choices or asking if the worker actually plans to come back after having the baby.
Note that these examples are not exhaustive; any behavior that creates a hostile work environment based on pregnancy may be actionable under state law.
What to do next
You do not have to accept harassing comments, intrusive questions or demeaning jokes about your pregnancy at work. If you face harassment in California, write down every incident with dates and names, report it through your HR department and consider filing a report with the California civil rights department (CRD).