California Supreme Court Should Review Pregnant Worker Discrimination Case, National Women's Law Center Argues

Employers are not legally permitted to decide pregnant worker should be denied job for the sake of her fetus

(Washington, D.C.)  Employers cannot discriminate against pregnant workers by refusing to hire them or by firing them—even when they claim they are making these decisions based on concern for the pregnant woman or her fetus, the National Women’s Law Center (NWLC) argues in an amicus brief filed today with the Supreme Court of California in Veronese v. Lucasfilm Ltd. 

Plaintiff Julie Gilman Veronese alleged that her employer, Lucasfilm, wrongfully rescinded an employment contract when her supervisor learned that she was pregnant.  A jury agreed that Veronese had experienced pregnancy discrimination and wrongful termination, but the Appeals court reversed the decision, holding that the trial court had erred when it instructed the jury that “A potential hazard to a fetus or an unborn child is not a defense to pregnancy discrimination.”  While acknowledging that this instruction was legally accurate, the Court of Appeals held that it did not apply in this case because Lucasfilm did not have a blanket policy of barring pregnant workers on fetal protection grounds.   The NWLC brief cites multiple legal precedents that refute the Court of Appeal’s notion that an individualized decision to exclude a woman from a job based on asserted concerns for her fetus is not illegal.  

“This case is a reminder that pregnant workers still face discrimination by employers who overstep their legal bounds by refusing to hire them, firing them, or forcing them to take unpaid leave—allegedly out of concern for the health of their pregnancies,” said NWLC Vice President and General Counsel Emily Martin. “These actions financially devastate women and their families at the moment when they need economic security the most.  But they also violate the well-established legal rule that it is up to a woman—not her boss—to decide for herself if a job is too risky for her or her fetus. 

“The law makes clear that as long as a pregnant worker is able and willing to do the work, an employer is not permitted to ‘protect’ her by denying her a job the employer has decided is too difficult or dangerous. Women are counting on the Supreme Court of California to clarify that the law has long prohibited an employer from denying a pregnant worker a job ‘for her own good.’ ”

Paternalistic justifications for excluding women from employment opportunities have long been recognized as sex discrimination that harms women.  The Court’s ruling contradicts the California Fair Employment and Housing Act (FEHA), which prohibits employers from discriminating against pregnant women--whether via a blanket policy or an individual employment action.

Coauthoring the amicus and urging the Court to grant review of this case are Equal Rights Advocates, Legal Aid Society -Employment Law Center, and Legal Momentum. 

To review the amicus brief, please visit:  http://www.nwlc.org/resource/national-womens-law-center-encourages-court-review-veronese-v-lucasfilm-ltd

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