Pregnancy Discrimination in the California Workplace: What to Do

Pregnancy is a beautiful and life-changing event, but unfortunately, some women face unfair treatment at work when they announce their pregnancy. In California, pregnancy discrimination is illegal, yet many employees still experience it. If you believe you are being treated unfairly because of your pregnancy, it is important to understand your rights and what you can do. Pregnancy discrimination can take many forms, from being denied a job, promotion, or benefits, to being fired or harassed. This type of discrimination can make it difficult for expecting mothers to feel safe and secure in their jobs. At, Sickandfired Lawyers, we are here to guide you through the legal process and help you navigate the complexities of your case.

Our Attorneys

Attorney Perry G. Smith

Perry G. Smith

Partner

Danielle N. Riddles

Danielle N. Riddles

Partner

California has strong laws to protect workers from pregnancy discrimination. These laws are in place to make sure that women are not treated differently because they are pregnant, nursing, or recovering from childbirth. While these protections exist, understanding how to recognize pregnancy discrimination and knowing what steps to take is important for protecting your rights.

Recognizing Pregnancy Discrimination in the Workplace

Pregnancy discrimination can happen in many ways. Sometimes it is obvious, such as an employer directly saying they are firing or demoting you because you are pregnant. Other times, it can be more subtle and harder to recognize. For example, you might be assigned fewer responsibilities or fewer hours once you announce your pregnancy. You could also be overlooked for promotions or raises that you deserve, or your employer might make unfair comments or assumptions about your ability to do your job because of your pregnancy.

Another common form of pregnancy discrimination is not giving pregnant employees the same benefits or accommodations as other workers. For example, if your employer refuses to give you extra bathroom breaks or allows other employees with health conditions to take breaks but not you, this could be considered discrimination. Employers are also required to provide time off for medical appointments or if pregnancy complications arise, and they should allow you to return to work after giving birth without treating you unfairly.

Understanding whether you are facing discrimination can be difficult, but if your employer’s actions seem related to your pregnancy, it is important to consider whether your rights are being violated.

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Your Legal Rights as a Pregnant Employee in California

California has some of the strongest laws in the country to protect pregnant employees. These laws are meant to ensure that women are not punished or treated differently because they are pregnant or plan to have a baby. One of the most important laws is the California Fair Employment and Housing Act, which protects employees from discrimination based on pregnancy, childbirth, or related medical conditions. This law makes it illegal for employers to fire, demote, or treat an employee unfairly simply because they are pregnant.

Another important law is the Pregnancy Disability Leave Law. This law provides pregnant employees with the right to take up to four months of unpaid leave if they are unable to work due to pregnancy-related conditions. During this time, the employer must continue to provide health insurance and allow the employee to return to their job after the leave. The California Family Rights Act also gives new parents the right to take up to 12 weeks of unpaid leave to bond with their new child, as long as the company has at least 50 employees.

It is also important to know that employers are required to make reasonable accommodations for pregnant employees. This could include allowing the employee to take more breaks, adjusting work hours, or providing a more comfortable workspace. If an employer refuses to provide reasonable accommodations or treats you unfairly for requesting them, this could be considered discrimination.

What to Do if You Experience Pregnancy Discrimination

If you believe you are facing pregnancy discrimination, it is important to act quickly to protect your rights. The first thing you should do is keep a record of any instances of discrimination. Write down dates, times, and details of conversations or actions that made you feel discriminated against. It is also helpful to keep copies of any emails, text messages, or documents that could support your claim.

Next, you should report the discrimination to your employer. Many companies have human resources departments or managers who handle discrimination complaints. It is important to follow your company’s procedures for reporting issues and give your employer a chance to fix the problem. Make sure to document your report and any responses you receive from your employer.

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If your employer does not address the issue or continues to discriminate against you, you may need to file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH is responsible for enforcing California’s discrimination laws, and they can investigate your claim and take action against your employer. You can also file a complaint with the Equal Employment Opportunity Commission (EEOC), which handles federal discrimination cases.

In some cases, you may need to take legal action to protect your rights. A lawyer can help you understand your options and guide you through the process of filing a lawsuit against your employer. If your case is successful, you could receive compensation for lost wages, emotional distress, and other damages.

How to Protect Yourself from Retaliation

Many employees worry that reporting pregnancy discrimination could lead to retaliation from their employer. Retaliation happens when an employer punishes an employee for reporting discrimination or for standing up for their rights. This could include being fired, demoted, or given a poor performance review as a result of reporting the discrimination.

California law protects employees from retaliation, and employers are not allowed to punish workers for reporting discrimination or asking for reasonable accommodations. If you believe you are being retaliated against, it is important to keep detailed records of any actions your employer takes after you report the discrimination. You can file a complaint with the DFEH or EEOC if you experience retaliation, and you may be able to take legal action against your employer.

Standing up for your rights is important, and you should not have to fear retaliation for doing so. The law is on your side, and there are steps you can take to protect yourself.

The Importance of Speaking Up

Many pregnant employees do not report discrimination because they fear losing their job or facing backlash from their employer. However, speaking up is one of the most important things you can do to protect yourself and other workers. When employers are allowed to discriminate without consequences, it encourages them to continue the unfair treatment.

By standing up for your rights, you can help create a better, more supportive workplace for yourself and others. It is also important to remember that you do not have to go through this alone. There are legal resources available to help you navigate the process and ensure that your rights are upheld.

Finding Support and Legal Help

If you are experiencing pregnancy discrimination, you may feel overwhelmed and unsure of what to do next. It can be difficult to know how to handle the situation, especially when you are also dealing with the physical and emotional challenges of pregnancy. Fortunately, there are resources available to help you.

Speaking with a lawyer can provide you with the guidance and support you need to address pregnancy discrimination. A lawyer can help you understand your rights, assist with filing complaints, and represent you in court if necessary. They can also negotiate with your employer on your behalf and help you achieve a fair resolution to your case.

Legal action can be intimidating, but it is often the best way to hold employers accountable for their actions. By working with a lawyer, you can ensure that your voice is heard and that you receive the support you need.

Pregnancy discrimination is a serious issue that affects many women in the workplace. California’s strong legal protections are designed to ensure that pregnant employees are treated fairly and with respect. However, discrimination still happens, and it is important to know what steps to take if you experience it.

By understanding your rights and taking action when discrimination occurs, you can protect yourself and your family during this important time in your life. If you are facing pregnancy discrimination, SickandFired.com Lawyers are here to help. Our firm can provide the legal support you need to stand up for your rights and hold your employer accountable. Contact us today for a free consultation, and let us help you protect your future.