As an employer, you know that there are legal protections against pregnancy discrimination in California and at a federal level. You are not allowed to fire a worker because they have become pregnant and may need to take maternity leave, for example. This would be discriminatory against these workers.
That said, you may decide that you want to avoid the issue entirely. You may think about refusing to hire any workers who may become pregnant in the future.
You might prioritize hiring male employees over female employees, for instance. If you do hire female employees, you may have a preference for those who are slightly older or past childbearing age. You certainly would not be interested in hiring someone in their mid-20s who just got married, as the odds that they would become pregnant in the future seem much higher.
Why this is still illegal
While some employers think that a system like this makes logical sense to avoid discrimination allegations, the reality is that it is still illegal. It is still a form of discrimination. Under the law, employers cannot discriminate against employees who are “of childbearing age” or who are “able to become pregnant.”
Additionally, if you are intentionally prioritizing male employees over female employees, then you could face accusations of gender discrimination or sex discrimination. Both gender and pregnancy status are protected classes. You are not supposed to take these factors into account when determining who to hire, who to terminate, who to lay off or any other employment decision.
It is important to understand your legal obligations as an employer, and you may also need to know what steps to take if disputes arise or if you find yourself facing discrimination allegations.
