Your pregnancy is one of life’s milestones that’s supposed to be a highlight in your life. An employer’s gender-based discrimination, especially during as special of a time when you’re carrying a child, can be disarming and even put your health at risk.
Both federal law, The Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964 and state law, The California Fair Employment and Housing Act, prohibit employers from discriminating against their employees on various grounds. Pregnancy is one of them.
When Might Discrimination Occur?
Workplace discrimination may occur at any stage of employment, including the following ones:
- Hiring
- Assigning jobs
- Promoting
- Administering benefits
- Firing
Which Actions Constitute Pregnancy Discrimination?
Any Los Angeles workplace lawyer may let you know that situations that rise to the level of pregnancy discrimination include circumstances in which an employer:
- Declines hiring a well-qualified candidate out of fear that they may become pregnant or after learning of their pregnancy
- Allows a worker’s pregnancy status to dictate which role they offer them
- Lets an employee’s pregnancy impact whether they offer career advancement opportunities or pay raises
- Is permissive of derogatory acts or comments, harassment and retaliation of pregnant workers
- Refuses to provide a pregnant worker with reasonable accommodations to perform their assigned role
- Fails to provide a worker who’s a new mom with an opportunity to express milk in a private and safe place
- Denies an employee’s request to take pregnancy-related medical leave, no matter whether it’s sick, temporary disability or Family Medical and Leave Act that they’re requesting off
- Allowing a worker’s pregnancy to dictate whether they are laid off or fired from their role
Workers often make the mistake of assuming that employers have free reign to do as they please since California is an at-will employment state. While that doctrine does give companies some liberties to do as they please, they can’t violate your legal rights in the process. You have a right to align yourself with a gender discrimination lawyer to hold them accountable if they do.