Federal laws under the Civil Rights Act and the Equal Employment Opportunity Commission (EEOC), as well as state laws in California, protect the rights of women in the workforce, including during pregnancy. Anti-discrimination laws against protected classes prohibit discrimination against pregnant women during hiring, in the workplace, and when returning to work after taking pregnancy disability leave. A key aspect of these workplace protections is prohibiting employer retaliation against a pregnant employee who asserts her protected rights.
Understanding California’s Workplace Protections for Pregnant Women
California’s Fair Employment and Housing Act (FEHA) requires California employers to publicly post information about pregnancy leave and accommodations to inform employees of their rights. All employers with five or more employees in California are subject to the state’s employment laws protecting pregnant women, including the right to request reasonable accommodations, such as a stool or chair, more frequent breaks, and light duty to avoid heavy lifting.
The state’s law for Pregnancy Disability Leave allows an employee with a pregnancy-related temporary disability to take up to four months of unpaid, job-protected leave while the employer continues the employee’s health insurance, seniority, and other benefits.
Both state and federal employment laws prohibit employers from retaliating against pregnant employees who exercise their legally protected rights in the workplace.
Common Examples of Employer Retaliation Against Pregnant Employees
Retaliation against an employee sometimes occurs due to an employer’s resentment at having to follow the laws that protect the pregnant woman’s right to reasonable accommodations and PDL for a temporary, pregnancy-related disability. Common retaliation measures used against pregnant employees include the following:
- Demoting the employee when they return from PDL or maternity leave
- Cutting the employee’s wages
- Reducing the employee’s hours
- Stopping the employee’s health insurance coverage during their leave
- Harrassing the employee or creating a hostile work environment to force the employee to quit
- Transferring the employee to a less desirable location
- Denying the employee training opportunities allowed to others in similar positions
- Changing their work hours to a less desirable shift
- Deducting the pregnant employee’s leave time from their seniority
- Sudden negative performance reviews after a history of positive reviews
- Unwarranted disciplinary action
- Terminating the pregnant employee’s job position
Retaliation against pregnant employees is unlawful under both federal and state laws. Firing an employee for asserting their legal rights is an egregious violation of the law if the termination did not occur during a company-wide layoff or for reasons unrelated to the pregnancy.
A pregnant woman who has experienced a violation of her legally protected rights in the workplace has the right to file a complaint with California’s Civil Rights Department and a lawsuit to recover compensation for damages.
Your Legal Rights After Pregnancy Retaliation In California
When an employer fires you or otherwise retaliates against you for taking pregnancy disability leave or requesting a reasonable accommodation, you have the right to seek compensation for your financial losses and emotional distress through a lawsuit against the employer. In some cases, an employer may have to pay punitive damages if their actions were particularly egregious.
How a California Employment Lawyer Can Help My Case
You don’t have to take on the additional anxiety of a complex legal claim during a sensitive time. Instead, contact the California employment lawyers at Sparrow Law Group to learn more about your legal rights and how an attorney can maximize your chances of a successful claim.