Although a pregnancy is not a hindrance to career performance and growth in California, it can affect you if there is pregnancy discrimination in your workplace. Discrimination undermines job performance and may adversely affect health or employment status. It could also affect your health and result in job loss due to low productivity or retaliation. Employers in California are mandated to provide safe workplaces for all their workers. A safe workplace is healthy and free of harassment and discrimination. Fortunately, you can fight for your rights and claim compensation for all your damages in case of pregnancy discrimination in your workplace.
At Stop Unpaid Wages, we help victims of workplace discrimination file lawsuits against their employers for their resulting damages. You can recover compensation for unfair termination, unpaid wages, or medical costs if you suffered stress and related illnesses due to a toxic working environment.
California Laws Against Pregnancy Discrimination
All workers in California have rights, which are protected under the state and federal labor laws. Your rights should be respected regardless of your skills, experience, birthplace, legal status, political affiliations, religious beliefs, and physical appearance. Workers' rights include a safe working environment, reasonable expectation of privacy, fair wages, and pay equality. Safety in your workplace protects you from harassment and discrimination, meaning every worker should be treated fairly.
Pregnancy discrimination is one of the issues that affects women workers across the country. It occurs when an employer or colleagues feel a pregnancy makes a woman less productive, which is usually not the case. State and federal laws prohibit unfair treatment of pregnant women during the hiring process or within a working environment. A woman should not receive less pay or fewer benefits or be demoted because she is carrying a pregnancy.
Therefore, pregnancy discrimination is unlawful. Since employers are mandated to provide safe and conducive work environments for all their workers, you can sue your employer in case of pregnancy discrimination. The Fair Employment & Housing Act (FEHA) is a law that advocates for fair treatment for workers across the state. It provides guidelines by which employers must abide to ensure that workers are treated fairly in the workplace. Specifically, pregnant workers are protected under Gov. Code §§12945.2 (PDL) and 12940 (FEHA).
Some of the special protections women deserve under these statutes include the following:
- Reasonable accommodation when you are pregnant or right after having a child
- The right to be transferred to a less strenuous or less hazardous working environment
- Pregnancy Disability Leave of up to four months of unpaid, job‑protected leave
- The right to return to your job or position after maternity leave
- Reasonable breaks within your work schedule during pregnancy and when breastfeeding
These are guidelines that an employer must adhere to in ensuring that pregnant workers in their business are treated fairly.
FEHA also protects workers against workplace discrimination and harassment. The statute makes it unlawful for anyone, whether an employer, supervisor, or colleague, to discriminate against another employee due to various factors, such as pregnancy. Workplace harassment against a pregnant woman can take many forms, including rude comments and other forms of verbal harassment by colleagues or the employer. Discrimination can also take many forms, including demotion or termination due to a pregnancy, denied benefits, reduced wages, or being denied employment.
If your colleagues, employer, or potential employer treat you differently because you are pregnant, you should consult a labor law attorney for guidance. You should also gather sufficient evidence to support your claim, including conversations between you and your harasser, incidents of discrimination or harassment that occurred after your pregnancy, and the kind of suffering you endure due to workplace harassment or discrimination. If your attorney finds credible evidence of pregnancy discrimination, they will advise you to file a claim against your employer with the Department of Fair Employment and Housing.
The department receives such complaints from workers across the state. Before taking action, it will investigate your claim to determine its validity and strength. If there is enough evidence to show that your employer failed to protect you against pregnancy discrimination, the department will grant you the right to sue your employer for compensation. You can claim compensation for unpaid wages, benefits, emotional distress, or mental anguish. Your attorney will guide you in filing a solid claim that will cause the judge to rule in your favor.
Workplace Accommodations for Pregnant Women
Pregnancy discrimination in workplaces takes many forms, including the following:
- Failure to hire
- Unfair termination
- Mental, emotional, or physical abuse
- Denied breaks or maternity leave
- Denied promotions
- Failure to make necessary changes to accommodate pregnancy needs
- Not allowed to return to work or your position after maternity leave
Your supervisor, colleagues, or employer can harass and discriminate at work. However, the responsible party is your employer since they owe you a safe and conducive workplace upon hiring. Your employer must also have policies in place against workplace discrimination. They should take action immediately after you report workplace discrimination or find a way to accommodate you once you report a pregnancy.
Accommodations refer to the changes an employer must make to ensure you are comfortable and productive during pregnancy. Some of these changes are necessary, based on the kind of work you do or the kind of environment you work in. For example, if your work mainly involves walking around or standing for prolonged periods, some changes will be necessary as your pregnancy progresses. Standing or walking for hours will likely affect your health and tire you out more. This will affect your productivity and health. Your working schedule should also accommodate hospital visits for regular checkups and rest breaks between shifts.
The law requires employers to make reasonable accommodations for all workers, including pregnant workers. Reasonable accommodations mean changes that will make working easier for a pregnant worker, provided they do not cause undue hardship to the business. A pregnancy can make it difficult for a woman to perform her regular tasks as easily as before. A few accommodations, including changing some of her tasks to simpler ones, can make working easier during her pregnancy. If your pregnancy results in medical restrictions, your employer should consider them, too, when assigning you tasks.
Accommodations mean that your employer should be flexible enough to make some changes quickly so that you can resume your usual work schedule. They should not consider your pregnancy as a disability that will affect your performance for the rest of your working life. The issues you experience during pregnancy are only temporary. The types of accommodations you deserve depend on your position and job description. They could include the following:
- Changes in your work duties, especially if they become strenuous during pregnancy
- Changes in your shifts to allow you sufficient time to rest
- A reasonable maternity leave
- Some changes in your workstation to give you proper access and comfort
- Some technical or mechanical aids to make your work easier
You can request more accommodations from your employer based on your personal needs. For example, you could ask for water and snacks to remain nourished during your shift. Regular rest and meal breaks will make you more comfortable as your pregnancy progresses. If your work involves more standing, you can request a chair to sit on regularly. You can also request less lifting to protect your pregnancy and some time off for medical appointments. After resuming from maternity leave, you could request more accommodation, including space and breaks for feeding your child.
The law requires your employer to provide accommodations to give you a fair chance to continue working during the pregnancy. However, your request for accommodations should be reasonable. You should only ask for accommodations that your employer can provide without putting a strain on the business.
Forms of Pregnancy Discrimination to Watch Out For
Some forms of pregnancy discrimination are not outright or blatant; for example, a demotion in the disguise of reduced workload or denied benefits in the disguise of reduced productivity. However, understanding your rights will help you know when you are harassed or discriminated against. Then, you can take action to protect yourself and your colleagues and fight for compensation for all the damages you have suffered due to discrimination. Here are some forms of pregnancy discrimination you should watch out for:
Denied Maternity Leave Rights
Maternity leave is a right that employers must provide for their pregnant workers. It allows workers to prepare for the birth of their child, take care of a newborn, and themselves before resuming their regular duties. A worker deserves reasonable time off work to recover fully and make necessary arrangements for child care before resuming work. A minimum of twelve weeks of unpaid time off is recommended under the law for workers employed for at least a year. Additional accommodation should be considered on medical grounds, for example, if you cannot continue working for medical reasons.
In addition to paid leave, an employer must offer unpaid time off for an employee who needs additional time off work to care for their unborn child or after childbirth. The leave should be accompanied by all the monetary benefits that the employer provides according to their employment policy.
An employer violates your rights if they deny your leave application or require you to work during your maternity leave. You are also facing pregnancy discrimination if your employer declines to approve your monetary benefits because you are pregnant. Some employers make it appear that resigning after becoming pregnant is in your best interest to avoid inconveniencing their business. Others will issue threats or make your workplace unaccommodating to compel you to resign or take a less demanding position that pays less than you deserve.
Denied Health Insurance Benefits
Health insurance Benefits are part of the benefits most employers in California provide for their workers. However, some insurance benefits do not cover pregnancy-related costs, which they should. You should be able to cover your pregnancy costs without paying out of your pocket if you already have insurance coverage from your employer.
Employers should treat pregnancies and related medical costs like other medical expenses. You should have adequate insurance coverage and not be left to pay for some treatments or appointments out of pocket. Also, the amount you receive under your medical cover for pregnancy-related expenses should be the same as that for other medical conditions. A problem occurs when your employer deliberately fails to include pregnancy costs under your medical insurance coverage. They should also not deny you benefits because you are pregnant and not sick.
They will assist in filing a DFEH complaint and guide you through the process. They will advise and help you file a claim against your employer if you have a valid claim.
Workplace Harassment Due to Pregnancy
This, too, is a violation of your rights as an employee. You should not be treated harshly or differently because you are pregnant. Harassment could be from your colleague, immediate supervisor, or employer. It could be unfair treatment, rude comments, or harassing emails or messages due to your condition. This should start immediately when you notify your employer or colleagues about your pregnancy, or when they notice it.
There should be a policy against workplace discrimination and harassment in your workplace. Your employer should inform you about the policy during the hiring process. They should also continuously educate you and your colleagues about harassment, what it entails, possible consequences, and how to protect yourself. Your employer is liable for your suffering if they do not have a policy or do nothing to protect you against harassment.
You can report harassment or speak against it once it starts. This should cause your employer to do something to stop the harassment and protect you. For example, they can warn your harasser or take disciplinary action against them. If your harasser is your employer, they should stop immediately when you speak against it or show disregard towards their comments or behavior. If this does not work, you can act against your employer for failing to provide a conducive environment.
Denied Employment
Some employers will refuse to hire you because you are pregnant, regardless of your qualifications for the job. This happens when you show up pregnant during job interviews. You should speak to an attorney if you meet all other employment criteria and still do not get the job. Some employers can tell you they do not want to hire a pregnant worker. This is a form of discrimination you should not condone.
With the assistance of a skilled attorney, you can take action against such an employer by filing a claim with FEHA. If you have a valid case, you can claim compensation against your employer for all your damages.
Wrongful Termination
If you have been forced to resign by your employer or were fired because of a pregnancy, your employer owes you compensation for all the resulting damages. A pregnancy should not be the reason you are forced to resign or are terminated from your employment. Remember that an employer should make accommodations to ensure you continue working until your child is delivered. They should not find excuses to terminate you, like reduced productivity or absenteeism.
A wrongful termination is a solid ground for filing a claim against your employer with FEHA. The department will investigate the matter independently before giving you the right to sue your employer.
Workplace Retaliation
This occurs when your employer does something against you after you announce or show your pregnancy. They can start complaining against you, thereby making your working environment toxic. Some employees go to the extent of isolating you from the rest of the workers or speaking against you to your colleagues to create a rift between you and them. Other employers sue you or report you for something you did not do, just to terminate your employment contract or have you transferred to a different workstation. An employer can retaliate by demoting or denying you a promotion based on your condition.
Retaliation causes you stress and makes it difficult for you to perform well in your job. It can lead to absenteeism or affect your health. A successful lawsuit against your employer will reinstate everything you have lost to retaliation. You will also receive compensation for all your damages, including medical costs and mental anguish.
Steps To Take if Facing Pregnancy Discrimination in Your Workplace
Discrimination in the workplace will affect your health and productivity and could cause you to reconsider your employment or career. You should speak up against it before the situation worsens. Fortunately, you can file a lawsuit against your employer for failing to provide a toxic-free working environment or failing to protect you against pregnancy discrimination. The Equal Employment Opportunities Commission and the California Department of Fair Employment and Housing can help you fight for your rights and the compensation you deserve for your damages. Here are the steps you can take to file a successful claim in a civil court:
Document Everything
When filing a claim against your employer for workplace harassment or discrimination, you must provide adequate evidence to win against your employer. Evidence can include various incidents of pregnancy discrimination by your employer or colleagues. Document what was said or done, how it made you feel, or how it affected your health or productivity. Also, document if you reported the matter to your employer and the actions they took (if any) to protect you. If your employer did not take any action, document their reaction. Discuss the documented evidence with your attorney to determine the validity of your case before filing a claim with the Department of Fair Employment and Housing.
Report the Matter Internally
Before taking any legal action, you should consider finding help internally. If you face pregnancy discrimination from your colleagues, report the matter to your immediate supervisor. If the perpetrator is your supervisor, report to the next senior person or employer. If the perpetrator is your employer, you can raise the issue through writing, airing your displeasure, and explaining how you would like to be treated moving forward. Keep copies of your communications with the people in charge, as you may need them as evidence once you file a claim in court.
File a Complaint with DFEH or EEOC
If no action is taken to protect your rights by your seniors or HR, talk to a skilled labor law attorney. Present your case to them for review and legal advice. If you have solid grounds to file a formal complaint against your employer, your attorney will help. The commission or department will investigate the case for its strength and validity. Then, it will grant you the right to sue your employer for damages.
Your attorney will ensure you have all the documents to file a civil suit against your employer in court. They will also ensure you meet all strict court deadlines and improve your chances of success. The judge will hold a hearing to review your case and evidence. If there is sufficient evidence that your employer failed to provide a safe and conducive working environment, they will be held responsible for all your damages.
Find an Experienced Labor Law Attorney Near Me
Are you or someone you love facing pregnancy discrimination in your workplace in California?
You should fight for your rights and compensation for the damages you incur by filing a complaint against your employer. The Equal Employment Opportunities Commission and the Department of Fair Employment and Housing fight for the rights of workers like you. They have guidelines by which employers must abide in ensuring safe and conducive workplaces for all workers. If you have a valid case against your employer, you deserve the right to sue for damages like unpaid wages, unpaid benefits, wrongful termination, or medical costs for stress-related illnesses.
At Stop Unpaid Wages, we support victims of workplace discrimination in filing strong claims against their employers. We can review your case to advise you on your rights and options. We can also help you navigate all complex legal processes and fight alongside you for compensation for all your damages. Call us at 424-781-8411 to learn more.
