Understanding Your Rights
In California, employees are protected from pregnancy discrimination under both federal and state laws. The primary laws protecting pregnant employees are:
- The federal Pregnancy Discrimination Act (PDA)
- The California Fair Employment and Housing Act (FEHA)
- The California Pregnancy Disability Leave Law (PDLL)
Under these laws, it is illegal for an employer to fire, refuse to hire, or discriminate against an employee because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
California Government Code Section 12945 specifically states:
“It is an unlawful employment practice, unless based upon a bona fide occupational qualification… For an employer to refuse to allow a female employee disabled by pregnancy, childbirth, or related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work…”
Signs of Potential Discrimination
- Being fired shortly before or after announcing pregnancy
- Being fired while on pregnancy leave
- Being fired shortly after returning from pregnancy leave
- Sudden negative performance reviews or disciplinary actions after pregnancy announcement or return from leave
- Reduction in hours or responsibilities without explanation
- Comments from supervisors or colleagues suggesting pregnancy affects job performance
Steps to Take If You Suspect Pregnancy Discrimination
- Document Everything: Keep detailed records of all interactions, including dates, times, and content of conversations related to your pregnancy and employment.
- Review Company Policies: Familiarize yourself with your company’s maternity leave and return-to-work policies.
- Communicate in Writing: Use email or written letters for important communications about your leave and return to work.
- File an Internal Complaint: If your company has a process for reporting discrimination, use it.
- Consult an Employment Lawyer: Pregnancy discrimination cases can be complex; not every case is the same. Therefore, speak to a top employment lawyer who knows pregnancy termination cases well.
- File a Complaint with Government Agencies: You can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
Detailed Example: Tech Industry Employee
Let’s consider the case of Sarah, a software developer at “TechInnovate,” a mid-sized tech company in San Francisco.
Scenario: Sarah has been working at TechInnovate for three years with consistently positive performance reviews. She announces her pregnancy to her manager and HR department, discussing her plans to take the full four months of pregnancy disability leave allowed under California law.
During her leave, Sarah keeps in touch with her team and manager, confirming her return date. Two weeks before her scheduled return, she receives an email stating that due to “company restructuring,” her position has been eliminated.
Upon further investigation, Sarah learns that:
- No other positions in her department were eliminated.
- A new developer was hired shortly after she went on leave.
- Her projects were reassigned to the new hire.
Sarah’s Actions:
- Documentation: Sarah compiles all her performance reviews, the email announcing her job elimination, and any communications about her leave and return plans.
- Company Policy Review: She reviews TechInnovate’s employee handbook, noting their stated commitment to equal employment opportunities and non-discrimination.
- Written Communication: Sarah emails HR and her manager, expressing her surprise at the job elimination and requesting clarification, given her consistent performance and the recent hire in her department.
- Internal Complaint: When she receives a vague response about “business needs,” Sarah files a formal complaint with HR, citing potential pregnancy discrimination.
- Legal Consultation: Sarah consults with an employment lawyer specializing in pregnancy discrimination. The lawyer advises her on her rights and the strength of her case.
- DFEH Complaint: With her lawyer’s guidance, Sarah files a complaint with the California Department of Fair Employment and Housing, detailing the timeline of events and the suspicious circumstances of her termination.
- Negotiation and Resolution: TechInnovate, facing a potential lawsuit and DFEH investigation, agrees to enter into settlement negotiations. The company ultimately offers Sarah reinstatement with back pay and a commitment to update their policies and training on pregnancy discrimination.
Conclusion
Remember, while this guide provides general information, every situation is unique. If you believe you’ve been discriminated against due to pregnancy or pregnancy leave, it’s crucial to consult with a qualified employment lawyer or the appropriate government agencies for advice tailored to your specific circumstances.
Featured Photo by MART PRODUCTION
