If you are an expecting or new parent and have faced unfair treatment at work because of pregnancy or related conditions, it is crucial to understand your rights and the steps you can take to address the situation. Here, an Oxnard pregnancy discrimination attorney from Gutierrez Law Firm explains how to file a complaint under California and federal law, helping you navigate the process through established administrative channels.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because they are pregnant, have given birth, or have a medical condition related to pregnancy or childbirth. This can include decisions about hiring, firing, promotions, pay, job assignments, training, benefits, or workplace accommodations. Discrimination may be overt, such as denying a promotion due to pregnancy, or subtle, such as cutting work hours after learning of the pregnancy. It can also involve failing to provide legally required accommodations or leave.
State and Federal Laws Protecting Pregnant Workers
In California, the Fair Employment and Housing Act (FEHA) offers robust protections against pregnancy discrimination. It applies to employers with five or more employees and prohibits adverse treatment like firing, demoting, or denying accommodations, based on pregnancy, childbirth, or related medical conditions. FEHA also mandates reasonable accommodations or up to four months of pregnancy disability leave when needed.
Federally, the Pregnancy Discrimination Act (PDA) amends Title VII of the Civil Rights Act, requiring that pregnancy be treated comparably to other temporary disabilities. Additionally, the Pregnant Workers Fairness Act (PWFA), enforced by the Equal Employment Opportunity Commission (EEOC), heightens workplace protections by requiring employers to provide reasonable accommodations for pregnancy-related needs, unless doing so causes undue hardship.
Document Everything
Before filing, gather thorough documentation. Save emails, notes, performance reviews, and any relevant communication following a discriminatory event, such as being denied a break for prenatal appointments or having accommodations refused. Solid documentation strengthens your claim during investigations or hearings.
File with the California Civil Rights Department (CRD)
For state-level claims under FEHA, file an intake form with the California Civil Rights Department. You typically have up to three years from the most recent discriminatory act to submit this form. The intake initiates an interview with a CRD representative, who will determine if the complaint warrants a formal investigation.
If CRD opts not to investigate or your case cannot be resolved administratively, they may issue a Right-to-Sue notice, which allows you to sue in state court. You must generally file the lawsuit within one year of receiving this notice.
File with the EEOC
If your claim also falls under federal law, you can submit a charge to the EEOC. California participates in a work-sharing agreement. Often, filing with CRD automatically constitutes dual-filing with the EEOC where applicable, so you may not need to file separately.
If you file directly with the EEOC, do so promptly. Federal deadlines typically allow 180 days following the discriminatory act, extendable to 300 days in states with local agencies. After filing, the EEOC may conduct mediation, investigate, or eventually issue its own Right-to-Sue letter, permitting you to pursue litigation under federal law.
Next Steps After Filing
Once complaints are initiated, both agencies may offer mediation or attempt to resolve the matter. If these efforts are unsuccessful, you may have the option to pursue a lawsuit in state or federal court, subject to the deadlines set by each agency. Missing these deadlines can limit your options, so acting promptly is critical.