Pregnancy Discrimination in the Workplace By Gregory Thyberg on January 10, 2023

A pregnant woman sitting at her deskPregnancy and childbirth can be a beautiful, but stressful time. If you believe your employers are discriminating against you or harassing you based on your pregnancy, it can add even more stress. In California, a person is protected from pregnancy discrimination, which refers to retaliation or harassment relating to pregnancy and childbirth. At Thyberg Law in Sacramento, CA, attorney Gregory Thyberg can help you fight for justice and compensation if you believe you have been the victim of pregnancy discrimination in the workplace.

What Is Pregnancy Discrimination?

Pregnancy discrimination involves treating a pregnant individual unfavorably. This includes during the hiring process and when a woman is already employed when she becomes pregnant. An applicant can’t be denied employment based on pregnancy or any related condition.

In addition, other aspects of employment such as pay, promotions, benefits (insurance), assignments, training, or firing can’t be impacted on the basis of pregnancy. These protections extend to childbirth and any pregnancy or childbirth related medical condition.

What California Laws Protect Me From Pregnancy Workplace Discrimination?

In California, state law protects women from workplace discrimination.

“California law protects employees against discrimination or harassment because of an employee’s pregnancy, childbirth or any related medical condition…”

California law also prohibits employers from denying or interfering with an employee’s pregnancy-related employment rights.

Are There Federal Laws That Protect Me?

The Pregnancy Discrimination Act of 1978 also protects pregnant women from discrimination in the workplace, adding an additional layer of protection.

“The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.”

I Believe I Have Been Discriminated Against. What Can I Do?

Signs of pregnancy discrimination include:

  1. Pay cut
  2. Hours cut
  3. Promotion denied
  4. Employment denied
  5. Demotion
  6. Termination
  7. Employer has denied you pregnancy or childbirth leave

Your attorney must show that these acts were related to pregnancy, childbirth, or medical conditions relating to the two. Our workplace discrimination attorney, Gregory Thyberg, can help. If you can, document everything.

Collect Evidence

Having a paper trail can be especially beneficial. Maintain all text, email, or paper documents. For example, if you have been terminated and your employer said it was based on your performance, having your positive performance reviews saved can help. Any documents showing that you have outperformed your peers, received positive work reviews, or excelled in your job in other ways can support your case.

However, keep in mind that in California, if you record a phone call or conversation, all parties must consent to having the conversation recorded. If you do not receive consent, civil and criminal penalties can be incurred. However, if consent is given, recorded conversations can be beneficial in proving discrimination or harassment.

Contact a Workplace Discrimination Attorney

Having an attorney on your side can make a difference. Mr. Thyberg has extensive past experience providing counsel in workplace discrimination cases and is informed on the laws as well as your rights. Schedule a free, no-obligation case review by calling our Sacramento office at (916) 204-9173 to speak to a member of our team. You can also send us a message online.

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Thyberg Law

Since 1981, Gregory A. Thyberg has been providing legal services to clients throughout Sacramento. With a focus on employment law, he can help you find a solution when facing discrimination, harassment, or other workplace injustices. Mr. Thyberg is affiliated with organizations like the:

  • California Bar Association
  • San Francisco Trial Lawyer’s Association

If you're experiencing unlawful discrimination in the workplace, request a consultation with Mr. Thyberg or call (916) 204-9173.

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