Pregnancy Protections for Workers May Not Extend to Fertilization Procedures

Pregnancy, and medical conditions related to pregnancy, are protected in the workplace. That means that your employer must accommodate your medical needs related to pregnancy and cannot discriminate against you for being or becoming pregnant in any way.

But the wording of the law, which falls under California’s Fair Employment and Housing Act (FEHA), is subject to some interpretation. The law says that you are protected from discrimination for any medical condition related to pregnancy. A recent California appellate court decision has limited what this actually means.

Woman is Discriminated Against for Fertilization Treatment

The case involved a woman who was trying to get pregnant through fertilization procedures. Her boss, it was alleged, harassed her, teased her, gave her a hard time about taking time off work to get the treatments, and ultimately, fired her for missing work to get fertilization treatments.

The worker sued under the FEHA, alleging pregnancy discrimination and a violation of the Americans With Disabilities Act (ADA).

Court Finds No Legal Protection

But a California court disagreed with the woman, saying that she was not protected at all. The court noted that the FEHA only protected a worker from discrimination based on a medical condition related to pregnancy.

The court found that voluntary medical treatments for fertilization did not qualify for protection, as the treatments were not a “medical condition,” or a condition that arose from a pregnancy.

Additionally, unlike medical problems someone has from a pregnancy that are, of course, involuntary, treatments for fertilization are voluntary, and thus, the court found, not a medical condition that was covered by FEHA.

Disability Claims

As far as the claim under the ADA, the court found no disability at all. She was not suffering any limitation because of any pregnancy, and the treatments in no way altered her ability to perform any life functions, much less her job.

Retaliation Claims

The worker also alleged that she was retaliated against for wanting leave to get the fertilization treatments. But retaliation claims are where a worker is punished by an employer for asserting a legal right that the worker has a right to make.

Because the worker didn’t have any legal right to get time off of work, or to be protected in any way, she therefore was not asserting a legal right. Because she was not, she could legally be punished by her employer.

The Lesson From the Case

Employees seeking protections under the law for pregnancy related conditions, must clearly show that their medical condition (or their inability to do their jobs, thus requiring accommodations at work) stems from and relates to, a pregnancy or a complication from pregnancy.

Perhaps the key is involuntariness; a bona fide medical condition is not something someone wants or asks for. As such, voluntary procedures may not be protected in most cases.

Are you being discriminated against at work because of pregnancy or pregnancy related conditions? Contact the San Jose employment attorneys at the Costanzo Law Firm today.

Sources:

courts.ca.gov/opinions/documents/C097584.PDF

dor.ca.gov/Home/FairEmploymentAct