Proving Pregnancy Discrimination in California

Unfortunately, for many women in California, pregnancy discrimination remains a serious issue in the workplace. Many pregnant women in California still face unfair treatment from employers because of their condition. In 2024, the EEOC reported 5,099 charges for pregnancy discrimination in California, over 5.8% of all claims filed with the organization. If you believe you have been discriminated against because of your pregnancy, it is vital to understand your rights and how to build a strong case.

Understanding Pregnancy Discrimination

Pregnancy discrimination happens when an employer acts unfairly toward a worker or job applicant due to pregnancy, childbirth, or a medical condition connected to either. This form of discrimination is illegal under both state and federal law. On the state level, you are protected against pregnancy discrimination under the California Fair Employment and Housing Act (FEHA). On the federal level, protection is offered through the Pregnancy Discrimination Act (PDA).

When it comes to pregnancy discrimination, some forms are obvious, whereas others are subtle. Examples of pregnancy discrimination include;

• Being terminated or demoted after disclosing your pregnancy or after it becomes known
• Being denied reasonable accommodations, such as more frequent breaks
• Reduced hours or responsibilities without cause
• Offensive comments about your condition

Elements Needed to Prove Pregnancy Discrimination

If you believe you have been a victim of pregnancy discrimination, you can file a legal claim against your employer and seek remedies. To succeed, you must prove the following elements;

• You were employed or applying for a job with the employer
• The employer was subject to pregnancy discrimination laws
• The employer mistreated you in some way
• You experienced an adverse employment action due to your pregnancy
• You suffered harm because of the unfair treatment

You have to prove the above elements by a preponderance of the evidence, which entails showing that there is a higher chance that you are telling the truth.

How to Prove Pregnancy Discrimination

Proving pregnancy discrimination requires strong evidence. Because employers often try to hide their discriminatory intentions, direct evidence, which is the strongest, is not always available. However, there are other forms of evidence that can help you build a compelling case.

Here is how to build a strong pregnancy discrimination case;

1. Direct Evidence

As already mentioned, this is the strongest evidence in a pregnancy discrimination case. However, it is rare. An example of this type of evidence could be emails or texts from your employer telling a co-worker that you are getting fired because you are pregnant.

2. Circumstantial Evidence

Often, we rely on circumstantial evidence to prove pregnancy discrimination. This is evidence that suggests you were discriminated against. Examples include;

• Suspicious timing
• Inconsistent explanations for the adverse action
• Positive reviews turned negative after you informed your employer about your pregnancy
• Differential treatment
• Departure from company policies

3. Other Supporting Evidence

The following are other types of evidence that can help you prove your pregnancy discrimination case;

• Witness testimony
• Performance records
• Documentation of HR complaints and medical or accommodation requests

The more evidence you have, the better your chances of succeeding.

Available Remedies

If you can prove your case, California law allows for possible remedies including;

• Back pay
• Reinstatement
• Attorney’s fees
• Emotional distress
• Punitive damages

Contact a California Employment Lawyer

Contact a California employment lawyer near you for help proving your pregnancy discrimination claim.