Pregnancy Discrimination at Work

Pregnancy discrimination in the workplace is not only unfair, but also illegal under California and federal law. It occurs when an employer treats an employee differently due to pregnancy, childbirth, or related medical conditions.

What is Pregnancy Discrimination at Work

Pregnancy discrimination involves unfair treatment based on pregnancy, childbirth, or related medical conditions such as morning sickness, breastfeeding needs, or postpartum recovery. This bias can affect decisions about hiring, promotions, pay, or daily workplace interactions. Key elements include:

• Pregnancy
• Childbirth
• Related medical conditions (e.g., prenatal care, recovery)

Understanding these elements is essential to recognizing when your rights are being violated.

Examples of Pregnancy Discrimination at Work

Pregnancy discrimination can manifest in various ways, each undermining workplace fairness. Common examples include:

• Termination or Demotion: Being fired or demoted after announcing your pregnancy.
• Promotion Denials: Being overlooked for deserved promotions due to assumptions about your commitment.
• Forced Unpaid Leave: Being pressured to take leave without pay instead of receiving accommodations.
• Harassment: Facing derogatory comments or excessive scrutiny tied to your pregnancy.
• Reduced Hours or Pay: Having your schedule or wages cut without valid reasons.

Subtle forms, like exclusion from projects or denial of accommodations, also qualify as discrimination.

Laws Protecting Your Rights at Work

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees, including part-time and temporary workers. It bans discrimination, harassment, and retaliation related to pregnancy and mandates reasonable accommodations unless it causes undue hardship.
• Pregnancy Disability Leave (PDL): Grants up to 4 months of unpaid leave for pregnancy-related disabilities.
• California Family Rights Act (CFRA): Provides an additional 12 weeks of unpaid leave for bonding with a new child.

California’s laws are among the strongest in the nation, ensuring comprehensive support for pregnant employees.

How to Protect Yourself if you Experience Pregnancy Discrimination at Work

If you believe you are facing pregnancy discrimination, taking prompt action is essential. Follow these steps:

1. Document All Incidents: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Request Accommodations: Submit your needs in writing to create a paper trail.
3. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
4. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
5. File a Formal Complaint: Contact the California Civil Rights Department (CRD) within 1 year or the EEOC within 300 days. An attorney can help you with filing these claims. An attorney can help you with filing these claims.
6. Consult an Attorney: An experienced attorney can guide you through the process and help secure your rights.

Acting quickly preserves your ability to seek justice.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.