Workplace anxiety should never be part of your worries when expecting a child. Yet many California employees face discrimination after sharing their pregnancy news with employers. At Smith Law, our California employment lawyers see these cases regularly, talented professionals suddenly facing reduced hours, missed promotions, or even termination shortly after announcing their pregnancy.
This treatment is not only unethical but also often illegal under both federal and California state laws. Our team believes everyone deserves fair treatment during this significant life change. Have you experienced changes in how you are treated at work after revealing your pregnancy? You might have legal options worth exploring. Let us help you recognize these violations and outline concrete steps to protect your rights.
What Qualifies as Pregnancy Discrimination?
Pregnancy discrimination occurs when an employee suffers unfavorably in the hands of their employer due to pregnancy, childbirth, or related medical conditions. California’s laws provide stronger protections than many other states. This discrimination can manifest in numerous ways.
Has your supervisor started excluding you from important meetings since learning about your pregnancy? Did your previously positive performance reviews suddenly turn negative without explanation? Were you passed over for a promotion you were qualified for around the time you announced your pregnancy? These situations might indicate discrimination.
The law prohibits discrimination in all employment aspects, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. For example, an employer cannot refuse to hire a qualified candidate because she is pregnant or might become pregnant in the future.
Your Legal Protections in California
California offers some of the strongest pregnancy protection laws in the nation. As a pregnant employee in California, you have significant legal protections beyond federal standards.
The California Fair Employment and Housing Act (FEHA) protects employees from discrimination based on pregnancy, childbirth, or related medical conditions. FEHA applies to employers with five or more employees, offering broader coverage than federal laws.
The Pregnancy Disability Leave Law (PDL) allows up to four months of leave for pregnancy-related disabilities, regardless of time with the company. This applies to employers with five or more employees.
California Family Rights Act (CFRA) gives covered employees 12 weeks of job-protected leave to bond with a new child. Combined with PDL, you could potentially receive up to seven months of protected leave.
Federal protections also apply, including the Pregnancy Discrimination Act and Family Medical Leave Act, though California laws typically provide greater benefits.
Signs of Pregnancy Discrimination to Watch For
Recognizing discrimination can sometimes be challenging, as it is rarely explicit. We recommend watching for these common warning signs:
- Sudden changes in attitude from supervisors or colleagues after a pregnancy announcement can signal potential issues. Did friendly workplace relationships suddenly become cold or hostile?
- Changes in job responsibilities without a clear business justification might indicate discrimination. Were your duties reduced or changed in ways that feel like a demotion?
- Comments about your pregnancy affecting job performance, even when presented as “concerns,” can reveal discriminatory attitudes. Has anyone suggested that you cannot handle your normal workload because of your pregnancy?
- Being excluded from meetings, projects, or advancement opportunities that previously would have included you could indicate discrimination. Do you notice yourself being sidelined from important work discussions?
- Pressure to take leave earlier than medically necessary or questions about your return plans that seem designed to push you out should raise concerns. Is your employer trying to make decisions about your medical needs or family planning?
Practical Steps to Take if You Face Discrimination
If you believe you are experiencing pregnancy discrimination, taking prompt action can help protect your rights and build a stronger case if legal action becomes necessary.
Document everything related to the potential discrimination. Keep detailed notes about conversations, emails, changes in treatment, and any statements about your pregnancy. Include dates, times, locations, and names of witnesses.
Review your employer’s policies regarding pregnancy, medical leave, and discrimination complaints. Most companies have formal procedures for reporting discrimination that you should follow.
File an internal complaint with your human resources department or appropriate supervisor. Put your concerns in writing and keep copies of all communications. This establishes a record and gives your employer an opportunity to address the issue.
Maintain copies of performance reviews, especially those from before your pregnancy announcement. These can help demonstrate that any negative reviews after your announcement represent a change in treatment.
Consult with an employment attorney who specializes in pregnancy discrimination cases. At Smith Law, we can help evaluate your situation and explain your legal options before you make any major decisions about your employment.
Your Rights to Accommodations During Pregnancy
California law requires employers to provide reasonable accommodations for pregnancy-related conditions. These accommodations might include:
- Modified work duties that allow you to avoid heavy lifting or other physically demanding tasks that could pose risks during pregnancy are legally required when medically necessary.
- Schedule adjustments to accommodate morning sickness or prenatal appointments should be considered reasonable accommodations in most workplaces.
- More frequent breaks, especially for restroom use, hydration, or rest periods, are common and appropriate accommodations during pregnancy.
- Temporary transfers to less hazardous or strenuous positions might be necessary for some pregnancies, particularly in physically demanding jobs.
To request accommodations, inform your employer of your pregnancy and the specific accommodations you need. While not always required, providing a note from your healthcare provider can strengthen your request and protect you from questions about the medical necessity of accommodations.
Protecting Your Rights During Pregnancy
Pregnancy should not derail your career or diminish your workplace standing. If you believe you have faced discrimination, Smith Law is here to help you navigate this challenging situation and fight for your rights.
We understand the emotional toll pregnancy discrimination takes during what should be a joyful time. Our experienced employment attorneys in California have helped numerous California workers secure fair treatment and appropriate compensation when their pregnancy rights were violated.
Contact us today at 866-608-8003 to speak with an attorney who specializes in pregnancy discrimination cases. Our team will listen to your story, explain your rights under California law, and help you determine the best path forward.
