Announcing your pregnancy should be an exciting and positive moment, but for many employees, it can lead to unexpected retaliation from their employer. Some California employers may cut hours, deny promotions, or even terminate employment after learning an employee is expecting.
If you are facing adverse treatment at work due to your pregnancy, you have legal rights and options to fight back against pregnancy discrimination and employer retaliation. Here, the Los Angeles employment law attorney at Leichter Law Firm, APC, Aryeh Leichter explains.
What Is Employer Retaliation?
Employer retaliation occurs when a company takes adverse action against employees for exercising their legal rights.
In the context of pregnancy, retaliation can happen after an employee:
- Announces their pregnancy to a manager or HR department.
- Requests pregnancy-related accommodations.
- Applies for maternity leave under FMLA or California’s CFRA.
- Reports of discrimination or harassment related to pregnancy.
Employers cannot punish employees for being pregnant, requesting accommodations, or taking protected leave. If you experience retaliation after announcing your pregnancy, you may have a legal claim.
Signs of Pregnancy-Related Retaliation
Retaliation can be subtle or blatant, and it may take different forms, including:
- Reduction in Hours or Pay: Your employer suddenly cuts your work schedule or demotes you.
- Unjustified Poor Performance Reviews: Your work performance is criticized unfairly after announcing your pregnancy.
- Denied Promotions or Opportunities: You are passed over for a promotion or training opportunities for which you previously qualified.
- Harassment or Hostile Work Environment: You experience negative comments, isolation, or increased scrutiny.
- Wrongful Termination: You are fired shortly after informing your employer of your pregnancy.
These actions may violate California and federal employment laws, which protect pregnant employees from discrimination and retaliation.
Legal Protections for Pregnant Employees
Several laws protect employees from pregnancy-related retaliation:
- The Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy, childbirth, or related conditions.
- The California Fair Employment and Housing Act (FEHA): Protects pregnant employees from discrimination and ensures access to reasonable accommodations.
- The Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA): Provide job-protected leave for eligible employees during pregnancy and after childbirth.
- The Pregnant Workers Fairness Act (PWFA): Requires employers to offer reasonable accommodations for pregnancy-related needs.
If your employer violates these laws, they can be held accountable for retaliation and discrimination.
What to Do If You Experience Retaliation
If you suspect your employer is retaliating against you for your pregnancy, take these steps to protect yourself:
- Document Everything: Keep records of conversations, emails, performance reviews, and any adverse changes in your job after announcing your pregnancy.
- File a Complaint with HR: Report the retaliation in writing to your HR department to create a formal record.
- File a Discrimination Claim: You can report retaliation to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult an Employment Attorney: A skilled Los Angeles pregnancy discrimination lawyer can evaluate your case and help you seek justice.
Speak with a Los Angeles Employment Attorney Today
The Leichter Law Firm stands up for employees who experience pregnancy discrimination and workplace retaliation. If your employer has taken negative actions against you after announcing your pregnancy, you have legal options. Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, to explore them.