Defending Pregnant Employee Rights

Pregnancy discrimination in the workplace involves an adverse job action taken against an employee based on their pregnancy, childbirth, or a pregnancy-related condition. Some examples include termination, demotion, denial of employment, denial of accommodations, restriction of pregnancy leave, and workplace retaliation. If you’ve experienced one of these forms of discrimination, contact Her Lawyer to get in touch with one of our Pregnancy Discrimination Attorneys in California!

What Is Her Lawyer?

Her Lawyer is an independent network of attorneys throughout California (Los Angeles, San Diego, and Orange County). Our mission is to connect women seeking legal help with appropriate legal representation. Our network of independent attorneys specializes in a wide range of legal areas – ensuring you can get the help you need.

Her Lawyer provides a confidential and complimentary case evaluation for those facing unique pregnancy discriminatory practices in the workplace. We recognize the unfair experiences that women face so often in the workplace: your needs are our priority.

What is Pregnancy Discrimination?

Pregnancy discrimination is a term used to describe unfair treatment in the workplace, typically by an employer, on the basis of an individual’s pregnancy, childbirth, or plans to become pregnant in the future. The federal Pregnancy Discrimination Act (PDA) prohibits an employer from demoting or firing an employee based on pregnancy or pregnancy-related conditions.

What is Considered Pregnancy Discrimination?

Pregnancy discrimination can manifest itself in different forms. Forms of pregnancy discrimination can include:

• Demotion or Termination
• Denial of Employment
• Denial of Reasonable Accommodations
• Workplace Retaliation

Learn more about Examples of Pregnancy Discrimination in the Workplace.

Pregnancy Discrimination Statistics

Pregnancy discrimination remains a prominent issue across various professions and regions throughout the United States. Based on analysis of data from the Equal Employment Opportunity Commission (EEOC), pregnancy discrimination charges (filed with the EEOC and state Fair Employment Practice Agencies) increased by almost 50% from 1997 to 2011. While pregnancy discrimination charges filed on the federal level have decreased since then, further research maintains pregnancy discrimination as a forefront issue in the workplace. Research conducted by Childbirth Connection, a program of the National Partnership for Women & Families, found that approximately 250,000 pregnant employees are denied accommodations in the workplace each year. While these statistics are concerning, they do not portray the whole picture of pregnancy discrimination. Many pregnant employees may choose to avoid asking for accommodations, or even not report pregnancy-related discrimination, out of fear of retaliation.

Pregnancy Discrimination FAQs

Are employees required to disclose their pregnancy to potential or current employers?

No, an employee is not legally required to disclose their pregnancy to either a potential or current employer. However, a pregnant employee should consider notifying their current employer as soon as possible for the necessary accommodations and benefits.

Can an employer ask an employee if they are pregnant?

While employers are not prohibited from asking an employee if they are pregnant, the employee is not legally required to answer. Generally, it is discouraged for employers to ask whether an employee is pregnant, as it can be considered in the investigation of a pregnancy discrimination charge.

Can an employer require a doctor’s note prior to authorizing a maternity leave?

An employer is prohibited from singling out pregnancy-related conditions in determining an employee’s ability to work. However, if employees with limitations unrelated to pregnancy are required to submit a doctor’s note when requesting leave, pregnant employees may be required to submit similar documentation.

What should I do if I believe I am facing pregnancy-based discrimination?

If a pregnant employee believes they are facing pregnancy-based discrimination, they should take note of all discrimination incidences. Having detailed information when bringing forth a discrimination claim is important. To maintain records for possible evidence, communication with the employer should be in written form.

How do I prove an incident of pregnancy discrimination?

To prove an incident of pregnancy discrimination, the employee must have either direct or circumstantial evidence. The pregnant employee must be able to prove the following: 1) she is or was pregnant at the time of the discrimination incident, 2) she was qualified for her position, and 3) her status as a pregnant woman led to an adverse job action from the employer. Essentially, the pregnant employee must prove that there is a connection between being pregnant and being treated differently compared to other employees.

How can a pregnant employee file a pregnancy discrimination lawsuit?

To begin the process of a pregnancy discrimination lawsuit, the pregnant employee must first file a claim with either the federal Equal Employment Opportunity Commission (EEOC) or their state administrative agency. In California, that would be the Department of Fair Employment and Housing (DFEH).

Pregnancy Discrimination – Attorney Principles

Protecting Your Rights as a Pregnant Employee

Employees must exercise the rights extended to them by laws such as the federal Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA). In California, there are even more pieces of legislation that protect employment rights for both pregnant women and new mothers. These acts were devised to ensure your rights and protection against employers. Your pregnancy discrimination lawyer will defend your legal rights and seek the maximum compensation for your distress.

Unbiased Representation

Every attorney in Her Lawyer’s network carries at least 5 years of legal experience and undergoes gender sensitivity training. Our pregnancy discrimination attorneys approach cases with discretion, confidence, and expertise.

Personal Needs Require Personalized Service

Pregnancy discrimination can be a very sensitive and emotional issue. When consulting attorneys, it’s important to hire someone that you trust and feel comfortable with. Although every attorney in Her Lawyer’s network handles cases with discretion and expertise, some may feel more comfortable being represented by an attorney that fits their unique circumstances. Her Lawyer will accommodate your individualized needs and preferences. If you prefer to be represented by a woman lawyer, contact Her Lawyer to get in touch with one of our female pregnancy discrimination attorneys.