Institutional Equity and Compliance

Student and Employee Rights

Employees

Protection Against Pregnancy Discrimination

The California Fair Employment and Housing Act prohibits employment discrimination on the basis of sex, which is explicitly defined to include discrimination on the basis of pregnancy, childbirth, breastfeeding, or related medical conditions. This law applies to employers with five or more employees, except religious non-profit organizations.

Cal. Gov't Code §§ 12926, 12940.

Provisions for Pregnancy Accommodation

Women temporarily disabled by pregnancy, childbirth, or a related medical condition are entitled to unpaid leave for as long as they remain disabled, up to four months. During that period, the employer must continue to provide the employee with the same level of health insurance coverage she received prior to taking leave. This law applies to employers with five or more employees, regardless of the worker's tenure or number of hours worked.

Cal. Gov't Code § 12945(a)(1)-(2).

Employers are also required to make reasonable accommodations for employees who have work-related limitations stemming from pregnancy, childbirth or a related condition. This may include temporary transfer to a less strenuous or less hazardous position, if an employee so requests upon the advice of her health care provider. If the employer has a policy or practice of transferring temporarily disabled employees to less strenuous positions for the duration of their disability, the employer must do the same for its pregnant employees.

Cal. Gov't Code § 12945(a)(3).

Workplace Breastfeeding Rights

Employers cannot discriminate against women for breastfeeding or breastfeeding-related medical conditions.

Cal. Gov't Code §§ 12926, 12940.

An employer must provide reasonable unpaid break time to a woman to express breast milk, unless doing so would seriously disrupt the employer's business. If possible, the break time must occur during the employee's ordinary break time. The employer must make a reasonable effort to provide the mother with a private space close to her work area, other than a bathroom, to express breast milk.

Cal. Labor Code §§ 1030-1033.

Students

Title IX prohibits sex and gender discrimination — including discrimination on the basis of pregnancy, childbirth, and parental status — in the educational setting for all institutions that receive federal financial assistance.  As such, Title IX protects students who are pregnant, parenting or nursing from discrimination.  Here are some specific resources about our obligations in this regard:

Please note that information about available lactation rooms on campus can be found on the lactaion information page.  This page is updated as additional sites are added.