Losing your job or facing unfair treatment because of pregnancy is both upsetting and unlawful. Pregnancy discrimination is still prevalent in workplaces, despite laws explicitly prohibiting such behavior. Understanding your rights and the legal protections available to you is essential to take effective action if you’ve been fired for being pregnant.
What Is Pregnancy Discrimination?
Pregnancy discrimination involves treating employees unfairly due to pregnancy, childbirth, or related medical conditions. Under the Pregnancy Discrimination Act (PDA), this behavior is illegal. Federal law prohibits employers from discriminating against pregnant employees in any aspect of employment, including hiring, promotions, pay, or termination.
For example:
Refusing to hire someone because they are pregnant violates the PDA.
Denying reasonable accommodations for a pregnant employee’s medical condition, such as additional bathroom breaks or modified duties, is unlawful.
Retaliating against workers who take maternity or medical leave also constitutes discrimination.
Discrimination extends to workplace harassment that creates a hostile environment or pressures an employee to quit. Employers must treat pregnant workers the same as other employees with temporary disabilities.
Stronger Protections Under California Law
California laws offer some of the most comprehensive protections for pregnant employees. If you work in California, you are safeguarded by several critical laws:
California Fair Employment and Housing Act (FEHA): This law prohibits sex discrimination and ensures pregnant employees can perform their jobs without harassment or fear of termination.
Pregnant Workers Fairness Act (PWFA): mandates covered employers to provide reasonable accommodations for known limitations due to pregnancy, childbirth, or related medical conditions, unless doing so causes undue hardship.
California’s Pregnancy Disability Leave (PDL): You can take up to four months of unpaid leave for pregnancy-related disabilities, including complications before or after childbirth.
California Family Rights Act (CFRA): You are entitled to up to 12 weeks of unpaid leave for bonding with your baby or recovering from childbirth.
These protections apply to businesses with five or more employees and require employers to reinstate you in your previous position or an equivalent role after leave.
Employer Responsibilities
Employers have a legal duty to accommodate pregnant employees. Under federal and California law, they must:
Provide reasonable accommodations, such as modified tasks, ergonomic seating, or temporary reassignments.
Protect your position and benefits during maternity leave.
Avoid retaliating against you for exercising your rights.
Failing to fulfill these obligations is considered illegal and could result in penalties. Employers also must ensure their policies comply with California law, including California’s Pregnancy Disability Leave and the Medical Leave Act.
Steps to Take if You Face Pregnancy Discrimination
If you suspect you’ve experienced pregnancy discrimination or wrongful termination, take these steps immediately:
Gather Evidence: Record any instances of discriminatory remarks, unfair treatment, or policy violations. Save emails, performance reviews, or any correspondence that may support your claim.
File an Internal Complaint: Report the issue to your HR department or manager. Keep a written record of your complaint and the response.
Report to Authorities: File a complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH). Both agencies investigate claims of discrimination and can take legal action on your behalf.
Seek Legal Help: Speak to an attorney who specializes in pregnancy discrimination. An experienced lawyer can guide you in filing a lawsuit for wrongful termination or securing compensation for lost wages, emotional distress, and other damages.
Why Fighting Pregnancy Discrimination Matters
Addressing pregnancy discrimination is not just about protecting your job—it’s about upholding your dignity and fighting for the rights of all pregnant employees. Taking legal action can help you recover lost wages, medical expenses, and other damages while holding the employer accountable.
For example, if you were wrongfully terminated or denied reasonable accommodations, you could file a claim under the Pregnancy Discrimination Act or California Family Rights Act to secure justice.
Take Action with Bourassa Law Group
If you’ve faced wrongful termination, harassment, or unfair treatment as a pregnant employee, you have rights under the law. At Bourassa Law Group, we are here to help you every step of the way. Our experienced team understands the challenges pregnant workers face and will fight to secure the compensation and justice you deserve.
Don’t wait. Contact us today for a free consultation. Together, we’ll take the first steps to protect your rights and hold employers accountable for their actions.
1-800-870-8910