California has some of the strictest laws in the country when it comes to protecting its pregnant workers. However, this doesn’t mean all employers abide by these rules, and it is important to understand the signs of pregnancy discrimination in the workplace.
The Los Angeles discrimination lawyer with Sparrow Law Group LLP can work with you to identify some of the more subtle signs of pregnancy discrimination and protect your rights.
California Protects Pregnant Workers from Workplace Discrimination
In California, the Fair Employment and Housing Act protects workers against harassment or discrimination due to any of the following characteristics:
- Age (40 and older)
- Ancestry
- Color
- Creed
- National origin
- Race
- Religion
- Sex
- Sexual orientation
- Disability (including pregnancy)
Additionally, these protections extend to the denial of family and medical care leave. California’s definition of disability surpasses that of federal standards, and your California employer must meet those stricter criteria.
Identifying Violations of Pregnancy Discrimination Protections
It can be difficult to identify clear examples of pregnancy discrimination because employers don’t typically say, ‘we’re terminating you because you’re pregnant, and it’s not a great time for the company.’ However, when we investigate smaller occurrences, they may show a clearer big picture of discrimination.
Denial of Promotion of Advancement Opportunities
Even if you are pregnant, you are legally entitled to the same promotion and advancement opportunities as your non-pregnant peers. If you are denied a promotion or raise without reasonable cause following your pregnancy announcement, this should be a red flag. Similarly, you should note times when you are left out of meetings or projects you would typically be part of. Documentation is key to a successful lawsuit.
Noticeable Change in Treatment
Examples of possible discriminatory change in treatment include facing increased scrutiny after announcing your pregnancy, requesting accommodations, or notifying your employer of your intention to take leave. This may look like your supervisor is more critical of your work than before the announcement, or even compared to other workers, or an unexpectedly negative performance review.
You may find people making assumptions about your level of commitment after having a child, or even making openly hostile or degrading comments about pregnancy or pregnant people.
Denying State and Federally Protected Leave and Benefits
Other instances of possible discriminatory actions can include blatant denial of protected leave, or even forcing you to take leave in lieu of providing reasonable accommodations, such as additional breaks, a stool to sit, or short schedule adjustments so you can attend doctor’s appointments.
Identifying Pregnancy Discrimination vs. Coincidence
It can be easy to dismiss something like new feedback from your boss or a less-than-ideal schedule change. In many cases, these occurrences are likely just a coincidence. However, they could be signs of something more nefarious. If you suspect this is the case, the best way to protect yourself is to document every suspicious instance.
Prior to filing a lawsuit, most judges will want to see that you have made attempts to resolve the problem on your own first by following your company’s process to report concerns to HR. However, it can be beneficial to contact an attorney as soon as you suspect something. We can discuss your situation and make you aware of your options.