[COLUMN] Employees’ reproductive-health choices are protected under anti-discrimination laws

Q: I previously worked as a clerk in a large office.  I used to like working there, but recently my manager made me so miserable at work.  It started when I requested time off to have a contraceptive implant.  I had mentioned it to a colleague and I’m guessing she told my manager, who told me that he wanted to “counsel” me.  He explained his religious belief that contraception is wrong.  The manager kept coming to talk to me at my desk and would explained at how contraception is wrong.  I told him he was making me uncomfortable, but he kept saying that he was just trying to help me do the right thing.

When I came back from my leave, the same manager acted very negatively towards me.  He started unfairly scrutinizing all of my work, and seemed to go out of his way to demean me in front of others.  When I finally built up the courage to ask him what was going on, he said that his view of me had completely changed since he found out I was “a sinner.”  He told me that he can never trust my judgment again, and that he didn’t believe I had a future at the company.  After our talk, it got even worse.  I had a breakdown and quit my job.  I feel so angry!  I really needed and liked that job.  Wasn’t what he did illegal?

A: Yes, what your manager did to you was unlawful.  Under California’s Fair Employment and Housing Act (“FEHA”), employees are protected against discrimination, harassment and retaliation based on certain protected categories.  FEHA has always provided protection to employees on the basis of sex.  But recent amendments to the law has made it even clearer that your manager’s treatment of you was unlawful.

The California Legislature recently passed the Contraceptive Equity Act of 2022. The new law makes it unlawful for employers to discriminate, harass or retaliate against an employee based on “reproductive health decision-making”. This includes any “decision to use or access a particular drug, device, product, or medical service for reproductive health.”

The decision to undergo a medical procedure for contraception is certainly protected against discrimination at work. Your manager’s treatment of you based on that decision was unlawful discrimination, harassment and retaliation based on reproductive-health decision making.  He may have also constructively terminated you, in that he made it untenable for you to continue working. The employer’s conduct here constitutes unlawful termination for which you are entitled to recover damages.

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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.

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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [For more than 30 years, the law firm successfully obtained significant recoveries in wages and monetary damages for thousands of employees and consumers. Mr. Sayas was named Top Labor & Employment Attorney in California by the Daily Journal, selected as Super Lawyer by the Los Angeles Magazine for 11 years, and is past Presidential Awardee for Outstanding Filipino Overseas.]

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