If My Pregnancy Caused a Wage Reduction, Can I Sue My Employer?
Employers cannot in any way discriminate against employees who are (or intend to become) pregnant. It is known as sex discrimination and may give employees the right to file a lawsuit against their employers and receive the damages to which they are rightfully entitled. If you believe that your employer has reduced your pay because you are pregnant, the California Labor Law Employment Attorneys Group is here to make sure that your employer meets the just actions of the law.
Pregnant women are a protected group of people that cannot be discriminated against. If you are pregnant, your employer cannot treat you differently or unfavorably simply because you are with child. It is known as discrimination and is unlawful. Any employer that discriminates against pregnant women opens themselves up to a potential lawsuit if the pregnant woman decides to take legal action.
If your employer has deducted your pay simply because you are pregnant, you may have the option to file a lawsuit against your employer. We at the California Labor Law Employment Attorneys Group are here to ensure that justice gets served if your employer has violated the law and discriminated against you because of your pregnancy. We help pregnant women who are victim of discrimination every day and help answer questions regarding their rights and any potential moves forward. Examples of such questions include:
- Can I sue my boss if my pay was reduced because I am pregnant?
- My boss reduced my pay because of my pregnancy. Can he legally do that?
- Can I sue a company if they reduced my salary due to me being pregnant?
- When my employer found out I am pregnant, he gave me a pay cut. Can I file a lawsuit?
- There was a furlough because of my pregnancy, can my employer cut my salary?
- Can my employer reduce my pay because I am pregnant?
- My employer reduced my pay and cut my hours after I came back from maternity leave. What do I do?
- Can I file a lawsuit if my hours were cut due to being pregnant?
Here is what you need to know about filing a lawsuit against your employer if they discriminated against you and had your salary reduced because you are pregnant.
What Is Pregnancy Discrimination?
Pregnancy discrimination in the workplace occurs when an employer treats women unfavorably because they are pregnant, went through childbirth, or other related conditions that have to do with pregnancy. It is considered discrimination when an employer refuses to hire a pregnant applicant, terminating you while you are pregnant, denying reinstatement to the same, or similar, job to a pregnant employee when she returns from a pregnancy-related leave, treating pregnant employees differently than other disabled employees, and failing to grant a male’s employee health insurance coverage for his pregnant wife’s conditions.
What Laws Protect Against Pregnancy Discrimination?
There are several federal laws which prohibit employers from discriminating against their employees. Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978 (PDA), and the Family and Medical Leave Act of 1993 (FMLA).
Title VII – Title VII covers many forms of discrimination like sex, race, religion, and other such characteristics. It covers all facets of the employment process including the interview process, termination, work responsibilities, salary, promotions, benefits, and other terms and conditions.
PDA – This Act is an amendment to Title VII in order to clarify that discrimination based on pregnancy, childbirth, or related conditions is a form of sex discrimination. It requires that pregnant employees be treated as equally as non-pregnant employees who have a similar disability which affects their ability, or inability, to work.
FMLA – This Act guarantees that both female and male employees who have been working for a company for at least one year and 50 or more employees, the right to 12 weeks of job-protected, unpaid leave to recover from a serious condition, like pregnancy, taking care of a newborn baby (or adopted child), seriously ill child, parent, or spouse (immediate family). The FMLA guarantees that when you fully recover and get back to work, that you will be given the same job, or one very similar, with the same pay, benefits, and other terms and conditions to which you may have agreed with your employer.
Can My Employer Reduce My Pay If I am Pregnant?
Whether or not your employer can reduce your pay if you are pregnant depends entirely on your situation. An employer must provide reasonable accommodation to any disabled employee who requests it in order for them to perform the essential job functions required by that job. If an employee can perform the essential job functions, then that employee is entitled to all of the benefits that a regular employee has which include a full salary, and other benefits employees in the same employment level as she, even if she requires accommodation.
If you cannot perform your regular job because of your pregnancy, your employer may be required to provide you with a new position with lighter responsibilities – this can be a form of reasonable accommodation. Because of your lighter responsibilities, your employer may reduce your pay for the time that you are working at this new position. Once you return and can resume your original position, your employer must return you to that position, or one that is very similar, with the same pay, benefits, and other terms and conditions that were agreed upon when you were brought in.
If you need to take medical leave to deal with your pregnancy-related issues, then your employer may reduce or completely suspend your payments. The FMLA guarantees that you get leave and that your job is protected, but does not entitle you to pay. Upon your return, your employer must reinstate you and resume your normal pay – the pay rate which you had before you had to take the medical leave.
The California Labor Law Employment Attorneys Group is here to make sure that justice is served. If your employer has reduced your pay simply because you are pregnant, they may have violated the law. If you want to move forward and file a lawsuit against your employer for breaking the law, contact an employment lawyer to help you through all of the steps. The California Labor Law Employment Attorneys Group offers free consultation and the zero-fee guarantee which means there is no financial obligation or risk on your part! Call us today to see what we can do for you.