Pregnancy presents numerous physical and emotional challenges for the expectant mother. This is due to an overproduction of hormones, primarily estrogen and progesterone. As a result, there may be unexpected fluctuations in one’s mood, physical appearance, energy levels, and ability to deal with stressful situations.
Changes in appearance and mood are especially sensitive topics, particularly when it comes to weight gain and physical limitations while you are pregnant. This is why it’s important for employers and coworkers to refrain from making unwanted remarked about being pregnant. Such comments from an employer can make the worker more self-conscious and anxious about her ability to keep up with her job duties. What may seem like an off-hand, humorous comment to the employer may be offensive and soul-crushing to someone who is struggling with the physical and mental challenges of having a baby.
Aside from these comments being hurtful and insensitive, they may also be illegal under state and federal discrimination laws. California Labor Law Employment Attorneys Group is here to protect your rights as a pregnant woman in the workforce. Please reach out to us today and talk to one of our attorneys during a free case evaluation.
Your Rights as a Pregnant Woman in the Workplace
The federal legislation known as Title VII of the Civil Rights Act makes it illegal for employers to discriminate against someone based on protected traits, such as race, age, religion, disability, and sex. The category of sex includes pregnancy, so your employer cannot make negative employment decisions based on the fact that you are pregnant. This includes the choice to hire or fire someone, denial of employment benefits and pay raises, demoting the worker to a lower position, and excluding them from work events and opportunities.
The protections for pregnant women under Title VII and the Pregnancy Discrimination Act apply in workplaces with 15 or more employees. Included in the Civil Rights Act is the Pregnancy Discrimination Act of 1978, which prohibits discrimination on the basis of pregnancy, giving birth, and health issues related to those events. Discriminatory actions by an employer include harassment, like making unwanted comments about a woman’s weight, criticizing the worker’s need to take lactation breaks, or making negative comments when the worker asks for maternity leave.
Do Comments about My Pregnancy Count as Harassment?
Yes, making comments about someone’s pregnancy can be considered harassment under the Civil Rights Act and other anti-discrimination laws. Those who are being harassed can file a formal complaint with the U.S. government’s Equal Employment Opportunity Commission (EEOC).
Of course, not every comment related to someone’s pregnancy is harassment, and it’s not uncommon for colleagues and supervisors to offer encouragement, support, and advice, especially if the woman is going through a difficult pregnancy. The key word here is “unwelcome,” meaning that the remarks are not wanted by the person they are being directed to.
You must also establish that the comments or behavior is persistent or severe enough to affect your work performance and cause mental health issues like anxiety and depression. In short, you are subjected to a hostile work environment, which is the foundation of a workplace harassment lawsuit. Whether you are dealing with harassment from a coworker, manager, or client, you have the right to voice your concerns to your employer. If your employer fails to investigate your allegations and protect you from continued incidents of pregnancy discrimination, you have the right to take legal action, which we can discuss with you during a free consultation.
How Do I file a Lawsuit for Pregnancy Discrimination?
Harassment towards women in the workplace can manifest in many ways, such as catcalling, inappropriate touching, sexual jokes, solicitation of photos, and negative remarks about one’s appearance. In order to qualify for a lawsuit, you must show a history of discrimination, meaning it was much more than a single, isolated event. Additionally, the acts of harassment were continuous and pervasive, thereby creating a hostile work environment.
We already mentioned that Title VII of the Civil Rights Act protects workers when the employer has 15 or more employees. However, you may also have protections under the California Fair Employment and Housing Act (FEHA). Employers with 5 or more employees must comply with FEHA regulations, including those pertaining to pregnancy discrimination and harassment.
If your employer is in violation of FEHA or the federal government’s Pregnancy Discrimination Act, you may be entitled to monetary damages from a lawsuit. This can include back pay and front pay, lost work benefits, pain and suffering, and more. Keep in mind that you have to take specific steps, like filing a claim with the EEOC before you can sue your employer directly. Because this is a long and complicated process, we suggest that you contact our law firm and seek help from a workplace discrimination attorney.
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No one should dread the possibility of going to work and having a miserable experience day in and day out because of unwanted comments about their pregnancy. Unfortunately, some people refuse to accept that being at work comes with certain rules, and they are not entitled to make unwanted comment about whoever they want, whenever they want.
If you are being harassed at work because you are pregnant, you do not have to suffer in silence. Our law firm is here to provide you with advice and guidance, 24 hours a day, 7 days a week. We also aim to make legal services available to anyone that’s suffering due to workplace discrimination. With that in mind, you are never asked to pay for attorney’s fees upfront when you hire California Labor Law Employment Attorneys Groups. We wait until the recovery of your settlement to deduct legal fees, and if we don’t win your case, you owe us $0. It’s really that simple, so don’t hesitate to give us a call. Our pregnancy discrimination lawyers look forward to hearing your story and fighting for justice on your behalf.
