California law makes it illegal for employers to treat workers unfairly because of pregnancy, childbirth, and related medical conditions. Nonetheless, pregnancy discrimination still happens more often than many people realize. It can range from subtle changes in treatment to obvious forms of harassment and retaliation.
If you suspect your employer is treating you differently because of your pregnancy, it’s important to recognize the warning signs early and take action.
Pregnancy Discrimination Under California Law
Pregnancy discrimination occurs when an employer makes decisions that negatively affect an employee due to pregnancy, childbirth, and medical conditions related to either. The California Fair Employment and Housing Act (FEHA) protects employees from discrimination based on pregnancy and requires most employers to make reasonable accommodations when requested.
Employees are also protected under the Pregnancy Disability Leave law and the California Family Rights Act, which allow time off for medical care and recovery without fear of retaliation.
Despite these protections, some employers ignore their legal duties, and others find indirect ways to penalize pregnant employees. Knowing what to look for can help you identify unlawful conduct.
What Are Some Early Signs of Pregnancy Discrimination?
Pregnancy discrimination can take many forms. Sometimes it is obvious, but often it is more subtle. Common red flags include:
- Negative comments or attitudes about your pregnancy: A supervisor or coworker might make remarks about how your condition could affect your job performance.
- Changes to your workload or schedule: You may notice that your duties are suddenly reduced, or you might be excluded from meetings and projects you normally handle.
- Denied promotions or raises: Employers sometimes overlook pregnant employees for career opportunities, assuming they will be “too distracted” or plan to take leave soon.
- Pressure to take leave early: Some employers encourage or force workers to take time off before it’s medically necessary, which can violate California law.
- Failure to accommodate: If you request modifications and your employer refuses, that may also be discrimination.
- Retaliation after taking leave: Once you return from PDL or CFRA leave, you might be reassigned or even terminated. This would be another clear sign of discrimination.
If you experience one or more of these behaviors, it may indicate that your employer is violating your rights.
What To Do if You Notice Signs of Discrimination
The first step is to document everything. Keep written records of conversations, schedule changes, performance reviews, and any communications about your pregnancy or leave. This evidence can be crucial later.
Next, try to resolve the issue internally by reporting it to your human resources department or a supervisor you trust. If your employer doesn’t correct the problem or otherwise acts inappropriately, you may have the right to file a complaint with the California Civil Rights Department (CRD).
In some cases, you may also be able to file a lawsuit against your employer. Remedies can include reinstatement, back pay, and compensation for emotional distress.
Set Up a Free Initial Consultation With Fairchild Employment Law
California takes workplace discrimination seriously, including when it involves pregnancy. Every employee has the right to continue working, take time off to recover, and return to their job without fear of punishment.
If you believe your employer is discriminating against you, it’s wise to speak with a California employment law attorney as soon as possible. Contact Fairchild Employment Law today to get started by calling (619) 306-1454 or by contacting us online.