What Are Your Rights Against Pregnancy Discrimination in San Diego?

Posted on December 17, 2024 in Employment Law

You may be concerned about disclosing a pregnancy to your employer. A time that is often joyful and happy may be overshadowed by concern for your job stability. However, if you live in San Diego, you are legally protected against pregnancy discrimination. If you have faced any kind of adverse employment action after notifying your employer of pregnancy and feel it is related, you need the support and experience of a San Diego pregnancy discrimination attorney with Walker Law.

Pregnancy is a Protected Status in San Diego

San Diego has some of the strictest employment protections in the United States, including for pregnant employees. The California Civil Rights Department asserts that your employer has an obligation to provide the below considerations to pregnant employees:

• Reasonably accommodate pregnancy-related medical needs. This may include accommodations such as temporarily modifying work duties, providing physical support like a stool or chair, or allowing more frequent breaks.
• Transfer you to light duty work as your doctor determines medical necessary
• Provide pregnancy disability leave consisting of up to four months and holding your position (or comparable) for you to return to when you are no longer disabled by pregnancy
• Provide a reasonable amount of break time, and a private, clean location to express breast milk as dictated by the labor code

These accommodations are required by law when medically necessary. However, they are not automatic. You may be required to provide documentation or follow internal processes to ensure you receive them. If you need accommodations for pregnancy-related disability, contact your supervisor or Human Resources Department to determine what is needed. Ensure you have a written record of your requests.

Pregnancy Discrimination in San Diego

In addition to these accommodations, your employer may not discriminate, harass, or retaliate against you based on your pregnancy. Discriminatory behavior can take many forms, and some examples include:

• Your employer is denying a promotion because you are pregnant and may take leave soon
• Being denied a new position due to pregnancy or asked about your pregnancy status, desire to have children or current children
• Redundancy of your position instead of equal-performing peers based on pregnancy
• Unnecessarily negative performance reviews following disclosure of pregnancy
• Forcing a pregnant employee to take time off
• Refusing to train you because you are pregnant
• Providing pregnancy-related benefits only to married employees

Challenging Pregnancy Discrimination

If you have experienced an adverse employment action, you have some recourse. Oftentimes, the most appropriate first step is to speak with your Human Resources Department to work with them. However, if they fail to address your concerns, you have the option of completing the complaint process with the Civil Rights Department. You may also file a charge of discrimination with the Equal Employment Opportunity Commission, who oversees discrimination through the violation of federal laws.

Additionally, you may choose to secure an attorney to assist with your claims at any point in this process. An attorney may feel like an extreme step, but consider what you are losing by wasting time that should be full of excitement and anticipation, fighting with your employer, and concern for your job stability. Filing complaints through regulatory agencies can help hold your employer accountable, but an attorney can help you recoup some of what you lost to set you and your growing family up for success.