Can My Employer Reduce My Hours After I Announce a Pregnancy?

Bringing a new baby into the world is an exciting life event, but it can also come with a significant amount of financial strain and anxiety. Unfortunately, some pregnant workers find that their employers begin treating them differently after finding out about a pregnancy. If you are a California worker, you may have wondered, “Can my employer reduce my hours after I announce a pregnancy?”

Legal Protections for Pregnant Workers in California

As a state, California has some of the strongest protections in the United States for workers in general, and this extends to pregnant workers. In California, it is illegal for employers to engage in discriminatory behavior against an employee because of a pregnancy or childbirth. Some examples of discrimination include the following:

• Refusing to hire a qualified candidate because of pregnancy
• Firing an employee because of a pregnancy or because of recently having given birth
• Demoting a pregnant employee or reducing their pay or responsibilities
• Reducing the working hours of a pregnant employee, particularly if that employee is an hourly worker and the reduction means reduced wages for the employee

California’s anti-discrimination laws apply to regular employees as well as people participating in training programs or internships. The protections afforded to pregnant workers in California are generally provided under the Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act.

What to Do If Your Employer Reduces Your Hours Because of Pregnancy

Studies show that as many as 20% of mothers have personally experienced discrimination from an employer because of pregnancy. This is a staggering statistic, demonstrating that pregnancy discrimination is by no means rare. However, the good news is that if you have experienced pregnancy discrimination at work, such as your employer reducing your hours, you have legal recourse.

The first step toward justice is to hire an employment lawyer to help you understand your legal position and to advocate for you. In some cases, all it takes to rectify a situation is a letter from an attorney to your employer. In other cases, further action is required. Your attorney will probably advise you to collect and preserve any evidence related to the discrimination, such as schedules showing the reduction in hours and any emails or other communication.

In California, workers who experience pregnancy discrimination can file a report with the California Civil Rights Department. Your attorney can help you gather the necessary information and file this report. You can also file a claim with the Equal Employment Opportunity Commission (EEOC), which is a federal agency that handles employment discrimination claims.

If you believe that your situation has resulted in significant monetary losses that you could recover by filing a civil claim against your employer, you can request a “right to sue” notice from the California Civil Rights Department or the EEOC when you file your claim. If the request is granted, you and your attorney can move forward with filing a civil claim against your employer to recover damages resulting from their discriminatory behavior.

When you file a claim against your employer, you may be able to recover damages including lost wages, back pay, projected future lost wages, and compensation for emotional distress or other financial hardship caused by the discriminatory behavior. In some cases, a judge may also impose punitive damages if they believe your employer acted in a particularly egregious manner. If the situation resulted in job loss, a judge may also order the employer to reinstate you.

FAQs

What if My Employer Claims the Hours Reduction Was for Another Reason?

Your employer may try to claim that the reduction in your hours had nothing to do with your pregnancy and was instead in response to some other event or because of business needs. However, if you have clear documentation of your hours being reduced right after you announced your pregnancy, and if other employees did not see the same reduction, you likely have a strong discrimination case.

How Much Does an Employment Lawyer Cost in Southern California?

The cost to hire an employment lawyer in Southern California can vary significantly based on the complexity of your particular case and the length of time it takes to resolve it. Attorneys usually set their own hourly rates and fees, so ask your attorney about overall cost at your consultation meeting. Remember that competent legal representation can save you a significant amount of money in the long run, so the up-front cost is often well worth it.

Can I Physically Go to a Civil Rights Department Office to File a Claim?

Yes. Although you can file a complaint online with the California Civil Rights Department, you can go and file your claim in person if you would prefer. There are a few Civil Rights Department offices throughout the state. If you are in the Long Beach area, your closest office is in Los Angeles, located at 320 West 4th Street.

If I File a Claim Against My Employer, Do I Have to Quit My Job?

Absolutely not. If you file a discrimination claim against your employer, you do not need to leave your job, and your employer is legally barred from taking any retaliatory action against you. If your employer finds out that you filed a claim against them and proceeds to terminate your employment, demote you, or otherwise take adverse action, tell your attorney.

Hire an Employment Lawyer – Contact The Law Office of Briana Kim, PC

If your hours at work were reduced after you announced your pregnancy, or if you have experienced any other form of pregnancy discrimination, you do not have to accept your employer’s unfair practices.

Some employers think that because they have well-funded legal departments, employees cannot stand up against them and their discriminatory behavior. At The Law Office of Briana Kim, PC, we dedicate ourselves to disproving that notion. Attorney Briana Kim is an experienced advocate for employees throughout Southern California. Contact her office today to set up a free consultation and discuss your case.

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623