Facing Pregnancy Discrimination
in the Workplace

Pregnancy discrimination refers to any situation in which an employer treats a woman unfavorably due to pregnancy, childbirth, or related conditions. Employers are legally required to treat pregnant employees in the same way as any employee with a temporary disability.

If you believe you have been treated unfairly by your employer, pregnancy discrimination attorney Gregory A. Thyberg can help. At our Sacramento, CA, firm, we focus exclusively on employment law cases, with a special emphasis on workplace discrimination law. Call (916) 204-9173 or reach out online to speak to a member of our team about your case today.

A pregnant woman leans against a desk with her hand on her back.
Many women who are or who plan to become pregnant are passed over for jobs, promotions, or benefits because employers consider them an unneeded expense. 

Understand Your Rights

Title VII of the Civil Rights Act of 1964 contains several acts detailing the protections in place for pregnant employees that prohibit discrimination based on current, past, or potential pregnancy, as well as associated medical conditions. The Pregnancy Discrimination Act of 1978 (PDA) and the Family and Medical Leave Act of 1993 (FMLA) further sets down rules about the rights of pregnant women. Both of these acts specifically protect against discriminatory actions during:

  • Hiring
  • Firing
  • Job assignments
  • Promotions
  • Layoffs
  • Training
  • Benefits

If an event relating to your pregnancy or the birth of your child causes a temporary disability, such as severe morning sickness or doctor-ordered bed rest, your employer is required to treat you the same way as any other employee with a temporary disability.

Common Examples of Pregnancy Discrimination

Many employers will refuse to hire a woman who is pregnant or planning to become pregnant in the near future. The typical argument is that hiring a woman who will soon need maternity leave is a waste of money. However, this decision is illegal under the protections of Title VII. If you are able to perform the main duties of a job, the employer is required to consider you for the position without taking your pregnancy into account.

Your employer is not allowed to prevent you from performing duties due to your pregnancy, even if they have your best interests at heart.

Women returning to work from maternity leave are also often told their job no longer exists. However, your employer is required to offer you the same or a similar job when you return. If they do not, you may have the right to file a discrimination case.

Your employer is also not allowed to prevent you from performing duties due to your pregnancy, even if they have your best interests at heart. As with any other type of disability, if you can safely perform a certain work-related activity, your employer must allow you to do so. You cannot be prevented from doing your job due to your pregnancy.

When to Call an Attorney

If you have encountered these or similar situations, you should contact our firm to discuss a workplace discrimination case. Mr. Thyberg can evaluate your situation and determine if you have grounds for filing a suit against your employer or an organization at which you interviewed. With an extensive background in employment law, Mr. Thyberg can assist you during a settlement negotiation or provide aggressive representation in court.

Protect Your Rights

Under Title VII, you have the right to fair and equal treatment. Pregnancy discrimination is a form of gender discrimination that you do not have to tolerate. Our team at Thyberg Law is committed to correcting imbalances of power in discrimination cases. To learn more about how we can help you, contact our office online or call us at (916) 204-9173 today.

Thyberg Law logo

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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