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What you need to know about pregnancy discrimination in the workplace
EDNA Team • Aug 26, 2021
Image : https://unsplash.com/photos/B7JVo5y3gL8
Growing your family is one of life’s greatest joys, and having children is something many of us aspire to do. But sometimes, pregnancy can trigger upsetting, hurtful discrimination and harassment in the workplace.
Federal and California laws prohibit pregnancy discrimination. So, if you are experiencing unfair and unlawful treatment by your boss or colleagues, it’s important to understand your rights and seek the help of a trusted lawyer. With an expert in your corner, you can fight unethical behavior and claim the compensation you deserve.
What is pregnancy discrimination?
If your employer treats you differently from other employees or similarly qualified applicants based on your pregnancy, you could be experiencing pregnancy discrimination. Pregnancy discrimination takes many forms and can unfold in a variety of workplaces and contexts. Here are several common examples:
- A prospective employer refuses to hire you because you are pregnant or may become pregnant.
- Your employer fires or demotes you because you have become pregnant.
- Your employer will not provide reasonable accommodations to help you fulfill your core duties while experiencing pregnancy-related mental or physical difficulties.
- Your employer refuses to give you time off for childbirth, even though you are legally entitled to it.
- You and your partner work at the same company, and your employer fires or demotes both of you after you become pregnant.
- Your workplace uniform or dress code attire is challenging or impossible to wear while you are pregnant.
Of course, this is just the tip of the iceberg. Your experience and circumstances are unique and will inform the next steps in your claim process.
Which laws protect against pregnancy discrimination?
You are protected against pregnancy discrimination under the federal Pregnancy Discrimination Act and the California Fair Employment and Housing Act (FEHA).
- Under the Pregnancy Discrimination Act, you cannot be treated differently from others in your workplace based on pregnancy, childbirth, or related conditions.
- FEHA offers you a little more protection. First, you cannot be discriminated against or harassed because you are pregnant. And second, this law requires your employer to provide reasonable accommodations – for example, the ability to work from home, relief from duties that require you to lift heavy objects, and modified equipment – if you are disabled (even temporarily) by your pregnancy or related complications.
Who is protected against pregnancy discrimination?
No matter who you are or where you work, pregnancy discrimination is a traumatizing experience that can cause undue stress at such an important and exciting time in your life. Under California law, workers that fall into the following categories are protected in the workplace:
- Employees – someone that works under the direction of an employer
- Applicants – someone who has applied for a position with an employer
- Temporary employees – someone that is hired by an agency that assigns them a position with a business
- Unpaid interns – someone who works as an intern at a business and is not compensated
If you are an employee, applicant, temp, or unpaid intern, you are protected through almost every stage of your employment journey. Pregnancy discrimination is unlawful:
- Throughout the hiring process
- When deciding on promotions
- When determining raises
- When deciding who to lay off
- When offering training opportunities
- When considering employee benefits
- When choosing to allow time off
You have experienced pregnancy discrimination. Do you need a lawyer?
You don’t necessarily need a lawyer to file a claim against your employer, but it’s probably in your best interest to have an expert by your side. Navigating discrimination law can be tricky, and winning your case isn’t always as easy as presenting the facts.
With decades of experience behind us, we can guide you through the process step-by-step and remove stress. I can collect legally relevant information, apply the law to your unique situation, relay facts in a compelling way, and help you steer clear of common strategic pitfalls that could sabotage your case.
How to protect yourself
Securing professional representation is a huge step in the right direction, but there’s more you can do to protect yourself against pregnancy discrimination. Here are some practical tips:
- Don’t wait to tell your employer that you are pregnant. Instead, inform them as soon as you are comfortable in writing (email is a great way to prove you informed them) to avoid any confusion or misunderstanding. If you don’t do this, your employer might claim that they didn’t know you were pregnant and therefore did not treat you unfairly.
- If you have been discriminated against because of your pregnancy, report your experience to the human resources (HR) department. Make this your first response – not only does it establish a paper trail of evidence, but it also gives you and your employer the opportunity to clear any misunderstandings.
- Regardless of how you feel, keep your tone friendly and professional when communicating with your employer or HR department. I know this can be tough with such an emotional topic as your and your baby’s health, but imagine each and every word being read aloud in court.
- Keep a record of your experiences. If you are mistreated based on your pregnancy, write it down as soon as possible. Make a note of what happened, what was said, and anyone present. Describe how the interaction made you feel – maybe hurt, mad, or embarrassed. Be honest, as this could be the number one piece of evidence you have to prove that the discrimination harmed you.
- If you feel comfortable, share your experience of discrimination with a trusted friend, partner, or family member, as they may be able to testify for you. Again, focus on how it made you feel.
- Log meaningful discussions to build up a paper trail that tracks your efforts to resolve the issue with your employer. If you spoke in person or over the phone, send a follow-up email detailing the key points of the discussion.
Professional help when you need it most
Discrimination in the workplace is never acceptable, but throw the stress of starting or adding to your family into the mix, and it becomes even more upsetting. With more than 25 years of experience in employment litigation, we have the expertise and drive to help you achieve the best possible outcome.
Get in touch today, and let’s discuss your experience and explore your next steps.
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