5 Signs Your Employer Is Violating the California Pregnant Workers Fairness Act

Workers in California enjoy state and federal protections regarding pregnancy. Despite the laws in place that prevent discrimination and guarantee job protection, namely the Pregnant Workers Fairness Act, far too many employers choose to break the law. Briana Kim, PC, provides attentive representation to pregnant employees who’ve faced such discrimination. As an employee, it’s important that you recognize the signs your employer is violating the California Pregnant Workers Fairness Act.

1: You Were Demoted or Fired After Announcing Your Pregnancy or Requesting Leave

An employer cannot demote you or fire you just because you are pregnant. The Pregnant Workers Fairness Act (PWFA) prevents such actions by your employer, including reducing your responsibilities and pay, even if your job title remains the same. Similarly, they cannot reduce your hours without your consent. The timing of these negative actions can be compelling evidence that your employer is in violation of the PWFA.

2: You’re Denied Reasonable Accommodations

In the U.S., two-thirds of pregnant women report working at some point during their pregnancy. Knowing that, it’s essential to understand what accommodations pregnant workers are entitled to.

Under the PWFA, employers must be willing to provide reasonable accommodations to pregnant employees and those who have recently given birth. Reasonable accommodations can include modified duties, additional breaks, and alternative working locations, possibly even remote work. For employees returning to work, accommodations such as adequate lactation spaces can be required. Similarly, employers must proactively work with employees to implement these accommodations.

3: You Were Denied a Promotion

While your employer cannot fire you for being pregnant, they similarly cannot deny you advancement at the company for it, either. If you’re overlooked for a promotion because you announced your pregnancy, requested or taken leave, or came back to work requiring accommodations, your employer is breaking the law. Similarly, tying promotion opportunities to attendance requirements can be a form of discrimination when pregnant workers are put at an unfair disadvantage.

4: You Received Poor Performance Reviews

One way that employers try to disguise their reason for firing or demoting a pregnant worker is by giving them poor performance reviews. By having a negative review to point to, an employer can dismiss claims of discrimination, saying your pregnancy didn’t influence their decision, but rather your poor performance. An experienced California pregnancy discrimination attorney can compare your previous reviews, along with noting the timing of your most recent review, to show how your employer is breaking the law.

5: You Were Harassed

Harassment and discrimination toward pregnant women and new mothers in the workplace are prevalent issues. One in five women reports having experienced workplace harassment related to a pregnancy. Comments about a woman’s appearance, jokes about breastfeeding, and criticism of accommodations all amount to harassment. Under California and federal laws, workers are protected from having to endure this demeaning treatment.

Compensation for Violations of the Pregnant Workers Fairness Act

If your employer violates the PWFA and subjects you to mistreatment, you may be entitled to various types of compensation. To start, you can pursue lost wages for the time you’ve had to miss from work, and you can also claim front pay for future lost earnings. If it’s possible, you can even request reinstatement to your old position or a promotion that you were rightfully entitled to. Your employer may also be subjected to punitive damages, which are typically capped, depending on the size of the company.

If you believe your employer has violated the PWFA, speak to an attorney about your case. They can determine what compensation you may be entitled to, guide you through the process, and file your claim with the appropriate agency.

FAQs

Which Employers Are Required to Follow the Pregnant Workers Fairness Act?

The federal Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees, public sector employers, employment agencies, and labor organizations to comply with its rules and regulations. Keep in mind that California has stricter laws that require at least five employees. The PWFA will be superseded by any stricter state laws.

Who Enforces the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act is enforced by the federal government, specifically, the Equal Employment Opportunity Commission. The EEOC investigates complaints by employees, guides them on their rights, and makes sure employers comply with rules and regulations. California has some stricter laws covered under the Fair Employment and Housing Act, which is enforced by the state’s Civil Rights Department. Speak to a lawyer to know which organization you should report a claim to.

How Much Is a Pregnancy Discrimination Settlement in California?

Pregnancy discrimination settlements vary greatly from case to case. One pregnancy discrimination case could be worth only a few thousand dollars, while others could be worth hundreds of thousands. Ultimately, the value of your case will depend on the damages you suffered and how they affected your life. Speak to an attorney to discuss your case and learn what kind of compensation you can pursue.

Can I Get Fired for Missing Work Due to Pregnancy in California?

No, if you work for an employer that is required to comply with state and federal family and medical leave laws, you cannot be fired for missing work due to a pregnancy. However, you must still follow the appropriate procedures to request leave or notify your employer that you’ll be missing work due to your pregnancy. Consult your company’s policies and familiarize yourself with state and federal laws to make sure you’re in compliance.

Hire a Pregnancy Discrimination Lawyer

The state and federal pregnancy discrimination laws are in place to protect workers and make them feel empowered when they decide to grow their families. If your employer is breaking these laws and subjecting you to mistreatment, hire a pregnancy discrimination lawyer to review the situation. They can defend your rights and pursue the compensation you deserve.

Reach out to The Law Office of Briana Kim today to discuss your case and learn how we can assist you. We focus exclusively on employment law matters, and you can rely on our experience and knowledge as we fight for you. We give each case the personalized attention it deserves, making sure our clients feel heard and valued. Contact us and schedule your appointment today.

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