Riverside Pregnancy Discrimination Attorneys

What Pregnancy Discrimination Looks Like at Work

Discrimination based on pregnancy can be obvious, like a termination the day you announce you're expecting. More often, it's quieter: a demotion dressed up as a "reorganization", or a sudden wave of criticism aimed at someone who had strong reviews the month before.

Conduct that may support a pregnancy discrimination claim includes:

• Passing over a qualified applicant or employee for a job or promotion.
• Cutting pay, hours, benefits, or responsibilities after a pregnancy announcement.
• Paying a pregnant employee less than colleagues doing the same work.
• Reassigning someone to a less desirable role or location.
• Denying medical leave or accommodations that other employees with health conditions receive.
• Refusing to hold a job open during pregnancy disability leave.
• Repeated comments or "harmless" remarks about a pregnancy, a body, or someone's parenting plans.
• Firing, demoting, or forcing out an employee after she takes pregnancy or baby-bonding leave.

California law protects permanent employees, temporary employees, job applicants, and unpaid interns from this treatment. Coverage generally starts at employers with five workers under state law (FEHA) and 15 workers under federal law (EEOC).

For example: you announce your pregnancy on a Friday, and by Monday your hours have quietly dropped from full-time to part-time. Or a simple accommodation request, like a stool at your register, sits unanswered for weeks while coworkers get faster answers to unrelated requests. Neither looks dramatic by itself. Together, they can be evidence of discrimination.  

Your Rights Under California and Federal Law

A handful of statutes work together to protect pregnant workers in Riverside:

• California's Fair Employment and Housing Act (FEHA) bars pregnancy discrimination at employers with five or more employees and requires accommodations for pregnancy-related conditions.
• Pregnancy Disability Leave (PDL) gives employees disabled by pregnancy or childbirth up to four months of job-protected, unpaid leave.
• The California Family Rights Act (CFRA) adds up to 12 more weeks of unpaid leave for bonding with a new child, taken after PDL leave ends.
• The federal Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, and related conditions.
• The federal Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid leave at covered employers, which can run alongside PDL and CFRA leave.

These laws overlap, so the right combination of leave and accommodation depends on your employer's size and your specific medical needs.

What Your Employer Must Do

Once your employer knows you're pregnant, five obligations kick in automatically. Most people don't find out about all of them until something goes wrong.

Your employer is obligated to, among other things:

• Provide reasonable accommodations for pregnancy-related medical needs, such as modified duties, more frequent breaks, a stool or chair, or a temporary transfer to a less strenuous role.
• Hold your job, or an equivalent one, open through your PDL and CFRA leave.
• Give you a private space, not a restroom, and reasonable break time to express breast milk.
• Discuss accommodation options with you in good faith rather than denying requests outright.
• Refrain from retaliating against you for requesting leave, an accommodation, or time off.

Pregnancy and Family Leave in California

Employees who qualify for both state and federal leave can often take PDL and CFRA back-to-back, for up to seven months of unpaid, job-protected time off combined. California's paid family leave and disability insurance programs can also replace a portion of your lost wages while you're out.

Notice requirements and medical documentation deadlines apply, and missing one can put your leave at risk. Our Riverside pregnancy discrimination attorney can review your paperwork and your timeline before a deadline becomes a problem.

What Compensation May Be Available

Every case is different, but pregnancy discrimination claims in California can involve several categories of damages:

• Lost wages, including missed raises, bonuses, and commissions
• The value of lost health insurance or other benefits
• Emotional distress
• Reinstatement, or front pay if returning to your old role isn't realistic
• Attorney's fees and costs in many successful cases
• Statutory damages

Our top-rated employment attorneys can walk you through which of these apply once we understand the specifics of your situation. A claim that looks small at first, a missed raise, a delayed promotion, can add up once lost wages, benefits, and emotional distress are calculated together. The settlements above show the range these cases can reach once the numbers are added up correctly.

Deadlines to File a Pregnancy Discrimination Claim

California law puts a clock on pregnancy discrimination claims. Generally:

• You have three years from the discriminatory act to file a complaint with California's Civil Rights Department.
• Once the agency issues a Right to Sue letter, you have one year to file a lawsuit in court.
• A federal claim through the EEOC generally must be filed within 300 days of the discriminatory act in California.

A missed filing deadline can end a valid claim before it starts. If you're unsure how much time you have left, contact a Riverside pregnancy discrimination attorney soon rather than waiting.