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Examples of Pregnancy Discrimination

Pregnancy discrimination can take many forms. Common examples include:

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1. Hiring Bias

• Refusing to hire a qualified candidate because they are visibly pregnant or plan to have children.

2. Unequal Treatment

• Denying promotions or key projects to pregnant employees based on assumptions about their commitment or capabilities.

3. Failure to Accommodate

• Refusing reasonable accommodations, such as modified duties or more frequent restroom breaks.

4. Hostile Work Environment

• Allowing coworkers or supervisors to make derogatory comments about an employee’s pregnancy.

5. Retaliation

• Reducing hours, reassigning duties, or terminating an employee after they request accommodations or take leave.

Steps to Take If You Experience Pregnancy Discrimination

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1. Document the Discrimination

• Keep detailed records of incidents, including dates, times, and descriptions of discriminatory actions.

• Save emails, memos, or other communications that demonstrate bias or unfair treatment.

• Note the names of any witnesses who observed the incidents.

2. Request Accommodations in Writing

• Submit requests for accommodations or leave in writing, specifying your needs and citing applicable laws (e.g., PDL or FEHA).

• Retain copies of all correspondence for your records.

3. Report the Issue Internally

• File a formal complaint with your employer’s HR department or supervisor.

• Use written communication to document your concerns and your employer’s response.

4. File a Complaint with the Department of Fair Employment and Housing (DFEH)

• If internal reporting does not resolve the issue, you can file a complaint with the DFEH. The agency investigates claims of pregnancy discrimination and may mediate or issue a "right-to-sue" letter.

• Deadline: Complaints must be filed within three years of the discriminatory act.

5. Consult an Employment Lawyer

• An experienced attorney can assess your case, guide you through the complaint process, and represent you in legal proceedings if necessary.

Remedies for Pregnancy Discrimination

If your claim is successful, you may be entitled to:

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• Compensatory Damages: Reimbursement for lost wages, benefits, and emotional distress.

• Punitive Damages: Financial penalties against the employer for egregious misconduct.

• Reinstatement: Returning to your previous position or a comparable role.

• Policy Changes: Court orders requiring the employer to implement anti-discrimination training or policy revisions.

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Conclusion

Pregnancy discrimination has no place in the workplace. California’s laws provide robust protections for pregnant workers, ensuring they have equal opportunities to thrive professionally while prioritizing their health and family needs.

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If you face pregnancy discrimination, take immediate action by documenting incidents, reporting them internally, and seeking legal advice if necessary. Employers, meanwhile, should foster inclusive workplaces that support the unique needs of pregnant employees. Together, these efforts can create a more equitable and supportive work environment for everyone.