Pregnancy should be a time of joy, not anxiety about whether your career will be derailed. Yet for many employees, discrimination during pregnancy and after childbirth remains a troubling reality. While outright statements like “we can’t hire you because you’re pregnant” are rare today, discrimination often takes subtler forms. Recognizing these signs is the first step toward protecting your rights.
What Counts as Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfavorably because of pregnancy, childbirth, or a related medical condition. Under federal law, the Pregnancy Discrimination Act (PDA) prohibits this behavior, while in California, the Fair Employment and Housing Act (FEHA) provides even broader protections. These laws safeguard against unfair treatment in hiring, promotions, job assignments, pay, training, and termination.
The Equal Employment Opportunity Commission (EEOC) also emphasizes that employers must treat pregnant workers the same as others who are similar in their ability or inability to work. That means if your employer makes accommodations for someone with a temporary injury, they must offer comparable support for pregnancy-related needs.
Subtle Signs to Watch Out For
Pregnancy discrimination is rarely spelled out. More often, it shows up in small shifts that may feel dismissive or unfair. Some red flags include:
- Being excluded from key projects or meetings: If you suddenly find yourself left out of important discussions or strategic assignments once your employer learns you’re pregnant, it may indicate bias.
- Unwarranted negative performance reviews: A previously strong track record that turns sour around the time of your pregnancy announcement should raise questions.
- Pressure to take leave early: Some employers suggest or insist that pregnant employees step away from their roles before it’s medically necessary.
- Comments about your “commitment”: Statements implying that you won’t be as dedicated after having a child can reflect discriminatory assumptions.
- Denied promotions or raises: If advancement opportunities dry up around the time of your pregnancy, it could be linked to bias rather than merit.
These subtle behaviors can add up, creating a hostile work environment even without overtly discriminatory statements.
Retaliation After Maternity Leave
Another common issue is retaliation after taking maternity leave. California’s Pregnancy Disability Leave (PDL) and the federal Family and Medical Leave Act (FMLA) provide protections, but some employees face reduced responsibilities, demotions, or even termination upon returning to work. According to the U.S. Department of Labor, retaliation for using protected leave is unlawful.
How to Protect Yourself
If you suspect pregnancy discrimination, documentation is your strongest ally. Keep detailed notes of any suspicious behavior, save emails that reflect changes in treatment, and track performance reviews and job assignments over time.
You should also review resources from organizations like Workplace Fairness, which provide practical guides on employee rights. Filing an internal HR complaint is often the first step, but if the behavior continues or escalates, contacting an employment attorney may be necessary.
Why Legal Support Matters
The laws around pregnancy discrimination are complex, and proving bias often requires more than pointing to a single incident. A skilled attorney can help evaluate whether your employer’s actions meet the legal definition of discrimination, guide you through filing complaints with the EEOC or the California Civil Rights Department, and pursue compensation if your rights were violated.
For employees in the Bay Area facing challenges, experienced San Francisco sex and pregnancy discrimination lawyers can provide critical support in holding employers accountable and ensuring your career is not unfairly sidelined.
