Pregnancy is a joyous and life-changing event, but it can also bring challenges in the workplace. In California, laws such as the California Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL) protect employees who are pregnant or recovering from childbirth. Despite these protections, some employers retaliate against employees who make pregnancy-related requests for accommodations or time off.
At the Leichter Law Firm, APC, the Los Angeles employment law attorney Aryeh Leichter is committed to protecting employees from workplace retaliation. Below, he discusses retaliation, how to recognize unlawful employer actions, and how California law protects you during and after pregnancy.
What is Retaliation in the California Workplace?
Retaliation occurs when an employer takes adverse action against an employee for asserting their rights under the law. This can include requesting accommodations, filing a complaint, or exercising legal rights related to pregnancy or childbirth.
Examples of retaliation include:
- Demoting an employee after they request pregnancy accommodations.
- Reducing work hours or denying promotions.
- Giving unjustified poor performance reviews.
- Terminating employment after an employee takes pregnancy disability leave.
California law prohibits retaliation for any actions protected under FEHA or other state and federal laws related to pregnancy and family leave.
Common Pregnancy-Related Workplace Requests in California
California employees can request accommodations for pregnancy, childbirth, or related medical conditions without fear of retaliation.
These requests can include:
- Modified Duties: Requesting lighter workloads or adjustments to physical tasks.
- Schedule Changes: Adjusting work hours to accommodate medical appointments or pregnancy-related fatigue.
- Time Off: Taking leave under PDLL provides up to four months of unpaid leave for pregnancy-related medical conditions.
- Reasonable Accommodations: Requesting seating, access to water, or breaks for restroom use.
These requests are legally protected, and employers are required to engage in a good-faith interactive process to accommodate the employee.
Recognizing Unlawful Employer Actions
Retaliation isn’t always apparent. Employers may disguise retaliatory actions as business decisions or performance issues.
Here are some red flags that could indicate retaliation:
- Sudden Negative Feedback
If you’ve consistently performed well at your job but receive sudden negative reviews or disciplinary actions after making a pregnancy-related request, this could be retaliation.
- Changes in Job Duties
An employer may retaliate by assigning you less favorable tasks, reducing your responsibilities, or removing key projects from your workload.
- Exclusion from Workplace Opportunities
Being excluded from meetings, promotions, or other career opportunities after making a pregnancy-related request is a common form of retaliation.
- Hostile Work Environment
Retaliation can also be workplace hostility, such as unfair treatment, verbal harassment, or creating an intolerable work environment.
- Termination or Forced Resignation
If your employment is terminated or your work environment becomes so hostile that you feel forced to resign, this may be a clear sign of retaliation.
What to Do If You Experience Retaliation
California law explicitly prohibits retaliation against employees who exercise their rights, including requesting accommodations or filing complaints about pregnancy-related discrimination.
If you believe you’ve been retaliated against after making a pregnancy-related request, take the following steps:
- Document Everything: Keep records of your requests, employer responses, and any adverse actions taken against you.
- Report the Retaliation: In writing, notify your employer or HR department about the retaliation.
- File a Complaint: You can file a complaint with the California Civil Rights Department (CRD) or consult an attorney to assist with filing.
- Seek Legal Help: An experienced employment law attorney can help you build a strong case and pursue compensation for damages caused by retaliation.
Leichter Law Firm: Advocates for Your Workplace Rights
The Leichter Law Firm protects employees from retaliation and ensures employers uphold their legal obligations. If you’ve experienced retaliation after making a pregnancy-related request, you don’t have to face it alone.
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique circumstances, starting with a free consultation by calling 818-915-6624 or contacting the firm online.