Experiencing these employment actions in the workplace if you are pregnant may be the result of discrimination. Your achievements, advancements, or wages in the workplace are a reflection of your performance, not your personal decision to give birth. These and other examples of pregnancy discrimination in Southern California are unlawful and violate workers’ rights in Orange County and throughout California.
A Pregnancy or the Intent to Become Pregnant Impacts Hiring
Competition in the California workforce exists. During the interview process for a job, you may feel you meet all the position qualifications and experience positive communication with the interviewer. However, questions surrounding a current pregnancy or future pregnancy and their potential impact on job duties enter the conversation.
You may appear as the most qualified candidate for a job. However, hiring another candidate may transpire. A potential reason for choosing a less skilled candidate over you may be the result of pregnancy discrimination.
Proving pregnancy discrimination in the hiring process is challenging but possible. Pregnancy discrimination is unlawful under Title VII of the Civil Rights Act of 1964 based on a current pregnancy, potential pregnancy, or other birth-related conditions and choices.
An Adverse Work Action Occurs After Requesting Reasonable Accommodation or Maternity Leave
Pregnancy can dramatically impact your health and ability to perform your job. Receiving a demotion or any other adverse action after requesting an employer to reasonably accommodate your medical needs may be pregnancy discrimination. The California Civil Rights Department addresses the rights and obligations of pregnant employees and filing complaints.
Document an employer’s actions when limiting or refusing reasonable accommodations or time off for pregnancy-related health conditions. Discuss any incident you interpret as pregnancy discrimination if you meet your obligations to an employer as an employee and face an adverse action.
Experiencing a change of job status or employment after requesting maternity leave may result from discrimination and violate federal laws. The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for up to 12 weeks per year. Whether state or federal law applies depends on your experience. Numerous pregnancy discrimination laws may apply.
An Employer Passes You Over for Promotion or Changes Your Position After Pregnancy
You legally have the right to advance your career after giving birth. Failing to promote an employee because an employer anticipates a pregnancy will impact job performance in the workplace is unlawful. Exclusive behaviors that prevent participating in meetings or groups you belong with can arise as a result of pregnancy discrimination.
An employer may not lawfully change an employee’s position after returning to work unless the change is to the benefit of the employee. A reflection of equal or higher pay should accompany the changes in a position.
You Experience Harassment as a Result of Pregnancy
Harassment is a type of discrimination that targets a protected characteristic. Pregnancy discrimination takes place when an individual or group in the workplace makes derogatory jokes, sends offensive emails, or shares off-putting material based on pregnancy or someone’s abilities based on pregnancy.
Harassment can create a hostile work environment. Trouble performing your work duties may occur. Harassment may be used to humiliate or intimidate someone during or following a pregnancy.
You Are Fired for A Pregnancy-Related Reason or for Requesting Bonding Time With a Child
Losing your job as a result of pregnancy, a pregnancy-related condition, or requesting permissible time off to bond with a new child is a violation of your rights. Various options may be available to combat pregnancy discrimination in Southern California and provide for your losses.