How Can I Recognize Pregnancy Discrimination in the Workplace?
The Los Angeles pregnancy discrimination attorney at the Leichter Law Firm, APC, Aryeh Leichter, knows multiple state and federal laws protect pregnant women and other soon-to-be parents from discrimination in the workplace.
In addition to the existing Civil Rights Act of 1964 that mandates that no employee or job candidate can be discriminated against on the basis of numerous factors, the Pregnancy Discrimination Act was introduced in 1978 to explicitly provide anti-discrimination protections on the basis of pregnancy status.
The Family and Medical Leave Act introduced additional rules in 1993 to protect eligible employees who need to take temporary leave to manage medical conditions, including pregnancy.
And the California Family Rights Act guarantees job-protected leave to eligible employees who are disabled by pregnancy, childbirth, or a related medical condition, called Pregnancy Disability Leave.
Separately and together, these laws provide California employees navigating pregnancy with a great deal of protection.
So, what happens when your employer attempts to violate those rights?
The Los Angeles pregnancy discrimination attorney at the Leichter Law Firm, APC has a few tips to recognize the signs of illegal workplace conduct, so you can get the legal help you need.
Identifying Unlawful Employer Actions Involving Pregnancy in California
It is unlawful for an employer to discriminate against any employee who is pregnant, may soon become pregnant, whose loved one is pregnant, or maybe about to become pregnant.
By both federal and state employment laws, employers may also not demote, terminate, or otherwise retaliate against someone who becomes pregnant or is suspected of soon becoming pregnant.
Of course, no employer is going to say, “We have to let you go because you are pregnant/just had a baby.” The signs are typically much more subtle and are veiled as jokes or asides to create plausible deniability later.
The reality is that these comments may actually be discrimination.
Here are some of the most common signs of pregnancy discrimination in California:
- Questions about pregnancy or children during the hiring or promotion process;
- Comments about children following a new relationship or marriage, including when or if you are going to have kids;
- Jokes about being able to keep up with work;
- Constant inquiries on whether you are “okay,” which typically revolve around whether you are physically capable of performing your job duties;
- Refusal to provide reasonable accommodations or resistance to provide them, which could include shaming the employee for asking for them;
- Sudden and/or unsolicited reduction of job duties;
- Being consistently scheduled for fewer hours;
- Consistently given unfavorable work assignments;
- Failure to get a promotion despite superior work performance;
- Suspiciously timed layoffs;
- Termination inconsistent with company policies; and, or
- Fired without a clear or justifiable reason.
It is crucial that employees look for pregnancy discrimination warning signs so their employers cannot craft a narrative that he or she was unable to maintain previous performance levels, which ultimately led to their termination.
If you believe that your employer’s behavior is unlawful, get legal help too. You deserve protection, and the Leichter Law Firm, APC can help ensure your rights are maintained throughout your pregnancy, family leave, and return to work.
Contact the Leichter Law Firm, APC Pregnancy Discrimination Lawyer in Los Angeles
Aryeh Leichter, the Leichter Law Firm, APC founder, and pregnancy discrimination attorney in Los Angeles County, can help you pursue your employer for their unlawful behavior, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.