Proving an Incident of Pregnancy Discrimination
A pregnant employee must be able to provide strong evidence when filing a pregnancy discrimination claim. Here’s how to prove pregnancy discrimination in California.
To successfully prove an incidence of pregnancy discrimination, an employee must be able to demonstrate that: 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. Fundamentally, a pregnant employee must prove that there is a connection between being pregnant and an employer’s differential treatment.
Pregnancy Discrimination in California
Both federal and California laws protect pregnant employees from discrimination and harassment based on an employee’s pregnancy, childbirth, or any pregnancy-related condition. Pregnancy discrimination often takes on the form of an employer denying a pregnant employee’s pregnancy-related employment rights.
Some notable anti-pregnancy discrimination laws include the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) on the federal level, as well as the California Fair Employment & Housing Act (FEHA) and the California Family Rights Act (CFRA) on the state level.
Related: What Is Pregnancy Discrimination in California?
Elements of Proving Pregnancy Discrimination
In proving discrimination on the basis of pregnancy, an employee can assert an employer’s violation of the Pregnancy Discrimination Act (PDA). Under the PDA, federal law prohibits workplace discrimination against a woman who was or is pregnant, intends to be pregnant, has a medical condition related to pregnancy, or has had or is currently considering an abortion. Therefore, an employer cannot:
- Refuse employment to an applicant who is pregnant or plans to become pregnant
- Fire an employee based on pregnancy
- Deny a promotion and/or raise based on pregnancy
- Deny time-off for pregnancy-related matters
In order to prove pregnancy discrimination in the workplace, the pregnant employee must put together a preliminary “prima facie” case, or a plausible case of discrimination. The prima facie case must demonstrate that: 1) the employee is a member of a protected class, 2) the employee was able to fulfill the responsibilities and duties of her position, 3) the employee suffered from an adverse job action, and 4) the causal connection between the employee’s pregnancy and the adverse job action.
1. Pregnant Employee as Part of Protected Class
A protected class covers groups of people with a shared trait who are legally protected from employment discrimination on the basis of that trait. Under the PDA, pregnant employees fall under a protected class. Therefore, a pregnant employee can immediately satisfy the first element of proving pregnancy discrimination.
2. Pregnant Employee as Qualified for the Position
After proving membership of a protected class, the pregnant employee must prove that she was qualified to fulfill the responsibilities and duties of her position. Some ways to prove this include presenting past positive performance reviews and/or positive comments from management. A pregnant employee may also present a lack of disciplinary actions, complaints, or warnings at the workplace as a demonstration of qualification.
3. Pregnant Employee Receiving Adverse Job Action
The pregnant employee must establish that she has suffered from an adverse job action based on her pregnancy. Some examples of common adverse job actions include termination, demotion, denial of employment, denial of accommodations, and restriction of pregnancy leave. The timing of an adverse job action in relation to the employee’s pregnancy is important to consider when proving pregnancy discrimination.
4. Connection Between Pregnancy and Adverse Job Action
In proving the causal connection between the employee’s pregnancy and the adverse job action lies the crux of a pregnancy discrimination case. A pregnant employee must be able to prove that more likely than not, pregnancy discrimination was the underlying reason for an employer’s actions. To do this, a pregnant employee may present proof of differential treatment after announcing her pregnancy at the workplace, or that non-pregnant employees were treated favorably in neutral situations.
5. Shift of Burden of Proof to Employer
If the pregnant employee has strong evidence and successfully establishes her prima facie case, the burden of proof shifts to the employer to prove nondiscriminatory reasoning behind the adverse job action in question. An employer may attempt to discredit the pregnant employee’s qualifications or performance in the workplace to do so.
In order to disprove their employer’s rebuttal, the pregnant employee must be able to prove that the employer’s reasoning is untrue and insufficient. The pregnant employee must be able to bring further evidence that the adverse job action occurred due to pregnancy discrimination. Such evidence can include written communication between the employer and the pregnant employee, past positive performance reviews, and the like.
If the pregnant employee can present a prima facie case in conjunction with sufficient evidence to disprove the employer’s asserted justification, she may be able to prove an incident of pregnancy discrimination.
Related: How to File a Pregnancy Discrimination Lawsuit in California
FAQs
What are some examples of circumstantial evidence in proving pregnancy discrimination?
In proving pregnancy discrimination, circumstantial evidence may provide solid support for the pregnant employee. A strong example of circumstantial evidence is suspicious timing. This can include a pregnant employee being fired before or after authorized pregnancy leave, or a pregnant employee receiving differential treatment after announcing her pregnancy at her place of work.
What should I do if I believe I am facing pregnancy discrimination in the workplace?
If a pregnant employee believes she is facing pregnancy discrimination, she should take note of all discrimination incidents. It is important to have detailed information when bringing forth a discrimination claim. It is often recommended that communication with the employer be in written form to maintain records for possible evidence.
Contact Her Lawyer
If you or a loved one is filing a pregnancy discrimination claim, get your free consultation with one of our California Pregnancy Discrimination Attorneys! We’ll defend your rights and won’t charge a dime unless you win your case.