Most people are well aware that pregnancy discrimination is illegal in California. Nevertheless, unscrupulous employers often use underhanded tactics to achieve discriminatory outcomes. This can make it difficult to prove pregnancy discrimination, but there is still hope for women who have been unfairly treated. Here’s how California women can prove pregnancy discrimination despite employers’ attempts to hide it.
Your Employer Claims You Were Laid Off for Business Reasons
Layoffs are not always discriminatory, but there are some red flags that might help you prove pregnancy discrimination in a California court. Features that point toward pregnancy discrimination rather than operational necessity include:
- Your post, or a very similar one, was advertised around the time of your layoff
- There are open positions that you are qualified to fill, and your employer is recruiting
- Your “layoff” occurred during, or shortly after, you took pregnancy leave or soon after you disclose your pregnancy to your employer
- You are the only person who was laid off, and colleagues with less experience were kept on
Evidence you can gather includes job ads your employer posted and testimony from former colleagues. For example, if you can show that other people you worked with were laid off or were treated unfairly when they were pregnant, that will bolster your case.
Subtle or “Soft” Pregnancy Discrimination
Subtle discrimination is harder, but not always impossible, to prove. Examples may include withholding a routine pay rise or failing to consider you for a more senior post because you are pregnant. Although you may have strong suspicions, finding clear evidence can be challenging.
Also subtle, but easier to prove, your employer discriminates against you in the hope that you will resign or to produce a paper trail they can use to justify firing you. This may mean unfairly negative performance reviews after a history of strong performance, or getting written up for frivolous or false allegations of incompetence or misconduct.
Retaliation After You Filed a Pregnancy Discrimination Complaint
Whether you alleged covert or overt pregnancy discrimination, getting fired or laid off after you filed a complaint can serve as strong evidence of retaliatory behavior and possible pregnancy discrimination. Defending your rights as a worker is a protected action. The Department of Labor (DOL) provides several examples of retaliation.
Retaliation may include actions like dismissal, reduction of work hours, and overt threats against employees seeking to exercise their basic rights as employees. If any of these circumstances apply to you after you raise concerns about pregnancy discrimination, you may have a comparatively straightforward way to prove your point.
Overt Pregnancy Discrimination in California
If your employer sends you any written communication clearly showing that your workplace is treating you less favorably because of your pregnancy, you are on very firm ground. For example, your boss sends you an email directly stating that you will not be considered for some form of advancement because you are pregnant or are experiencing pregnancy complications. This is overt discrimination, and the text is all the evidence you need to prove it.
Verbal statements may be harder to prove, as your employer may deny your accusations when you attempt to hold them accountable. If you have witnesses who are willing to confirm your assertions, you will be on firmer ground. Consider whether former employees may have shared your experience, and reach out.
Get Advice on How to Prove Pregnancy Discrimination in California
The Bipartisan Policy Center reports that 1 in 5 moms report being discriminated against when they were pregnant. It is likely that many of them felt helpless in the face of this injustice. Some may have missed an opportunity to defend their rights simply because they did not know how to prove pregnancy discrimination.
Although pregnancy discrimination can be difficult to prove, an experienced Oxnard pregnancy discrimination lawyer can give you advice on what you need to prove your claim. Each set of circumstances is unique, so if you feel that you are being unfairly treated because you are pregnant, getting individualized recommendations offers you your best chance of achieving justice.