Pregnancy discrimination at work can be deeply unsettling and leave you with immense uncertainty about the future. While California law offers many legal protections for pregnant workers, proving discrimination often requires clear facts and supporting evidence. By working with a pregnancy discrimination attorney in San Diego, learning about what you must show can help you take the right steps to protect your career and your future.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfairly because of pregnancy, childbirth, or a related medical condition. This form of discrimination can happen at any stage of employment, from hiring to termination.
Examples of pregnancy discrimination may include:
- Refusing to hire a qualified applicant because she is pregnant
- Firing an employee after learning about a pregnancy
- Denying reasonable accommodations for pregnancy-related limitations
- Forcing an employee onto unpaid leave when she can still work
- Terminating employment due to pregnancy or planned leave
Subtle actions, such as excluding a pregnant employee from meetings, can also qualify as discrimination if they negatively affect your employment conditions.
Legal Protections for Pregnant Workers in California
California provides some of the strongest protections for pregnant employees in the country. These protections come from multiple state and federal laws that work together to prevent unfair treatment.
Some of the most important include:
- The Fair Employment and Housing Act (FEHA), which prohibits discrimination based on pregnancy, childbirth, or related medical conditions
- The Pregnancy Disability Leave (PDL) law, which allows eligible employees to take protected leave for pregnancy-related disabilities
- The California Family Rights Act (CFRA), which may provide additional bonding leave after childbirth
- The Pregnancy Workers Fairness Act (PWFA), which bars pregnancy-based discrimination under federal law along with other related statutes
These laws require employers to treat pregnant employees the same as other workers with similar abilities or limitations. They also require reasonable accommodations when medically necessary.
How To Prove Pregnancy Discrimination
To win a pregnancy discrimination claim in California, you must generally show that your employer took negative action against you because of your pregnancy. This involves proving several key elements supported by evidence.
Prove You Were Qualified To Perform Your Job
First, you must show that you were able to perform your job duties, with or without reasonable accommodations. Employers cannot lawfully push out employees who remain capable of doing their work.
Evidence that supports this element may include:
- Positive performance reviews
- Consistent attendance and productivity records
- Successful completion of prior job responsibilities
- Medical clearance to continue working
Showing that you met expectations helps demonstrate that the employer’s actions were not based on job performance.
Identify the Adverse Employment Action
Next, you must prove that your employer took an adverse employment action. This means a decision that negatively affected your job in some way.
Common adverse actions include:
- Termination
- Reassignment to less favorable duties
- Reduction in pay or work hours
- Denial of promotions or benefits
- Unwarranted disciplinary write-ups
The key point is that the action must materially impact your employment, not just cause minor workplace frustration.
Establish a Link Between Your Pregnancy and the Employer’s Decision
Finally, you must connect the employer’s decision to your pregnancy. This is often the most contested part of a case, and it requires showing that pregnancy was a motivating factor.
This link may be proven through:
- Close timing between your pregnancy disclosure and the adverse action taken
- Negative statements about your pregnancy and maternity leave
- Different treatment compared with non-pregnant coworkers
- Sudden negative evaluations after announcing pregnancy
When these facts align, they can strongly suggest that discrimination played a role in the employer’s decision.
Common Employer Defenses and How to Challenge Them
Employers often claim that their actions were based on legitimate business reasons rather than pregnancy. Understanding these defenses can help you prepare an effective response.
Typical employer defenses include:
- Poor performance
- Misconduct
- Company-wide layoffs
- Restructuring
- Violation of workplace policies
- Business necessity for staffing changes
To challenge these defenses, you can present evidence showing that the stated reason is inconsistent or otherwise applied differently to other employees.
Evidence That Can Help Prove Pregnancy Discrimination
Various forms of documentation and witness testimony often play a central role in pregnancy discrimination claims. The more objective evidence you have, the easier it becomes to show that unlawful bias occurred.
Written Communications and Internal Records
Emails, text messages, and HR records can reveal an employer’s true reasoning. Written communications may show bias and could reveal discussions about replacing a pregnant employee as well.
Job Duty, Schedule, or Pay Changes
Sudden changes to your responsibilities and/or compensation after announcing your pregnancy can suggest discriminatory motives. Comparing your job duties before and after your disclosure may help highlight unfair treatment.
Inappropriate Comments or Differential Treatment
Offhand remarks about your pregnancy can also be important evidence. Seemingly casual comments may sometimes help demonstrate discriminatory attitudes when combined with other facts.
Coworker Comparisons and Witnesses
Witness statements from coworkers who observed unequal treatment can strengthen your case. Testimony showing that similarly situated non-pregnant employees were treated more favorably is often persuasive.
Timelines and Patterns of Events
A clear timeline showing when you disclosed your pregnancy and when negative actions followed can help establish causation. Patterns such as repeated discipline shortly after your disclosure can support your claim.
No upfront costs. Your case matters.
Experiencing Pregnancy Discrimination at Work?
Retaliation After Reporting Pregnancy Discrimination
California law also protects employees from retaliation after they complain about pregnancy discrimination. Retaliation occurs when an employer punishes an employee for asserting legal rights.
Examples of retaliation include:
- Termination after filing a complaint with HR
- Increased scrutiny
- Unfair discipline
- Negative schedule changes
- Reduced responsibilities
- Hostile treatment
Retaliation claims can be brought even if the underlying discrimination claim is still being investigated, as long as the complaint was made in good faith.
Filing a Pregnancy Discrimination Claim in California
If you believe you have experienced pregnancy discrimination, you may file a complaint with the California Civil Rights Department (CRD) before pursuing a lawsuit. This administrative step is often required under state law.
The typical process involves:
- Filing a complaint with the CRD within the applicable deadline
- Participating in investigation and mediation processes, as applicable
- Receiving a “right-to-sue” notice if the case is not resolved
- Filing a civil lawsuit in court if necessary
Acting promptly is important because strict time limits apply. Missing the appropriate deadline for your case could affect your ability to recover damages.
Contact Our San Diego Pregnancy Discrimination Attorneys
If you believe you have been treated unfairly at work because of your pregnancy, you may have the right to take legal action. Proving pregnancy discrimination can be complex, but the right legal guidance can help you gather evidence and present a compelling claim. Contact our San Diego pregnancy discrimination lawyers at Fairchild Employment Law today at (619) 306-1454 to learn more about your legal rights and options. We offer a completely free initial consultation.