Weight gain and changes in your body shape are normal aspects of being pregnant. Thankfully, maternity clothes are available in a wide variety of styles, including dresses, jackets, pants, and other items that are appropriate for work.
However, there may be instances where your employer disagrees with your choice of maternity wear, and as a result, you are demoted or fired from your job. Was my demotion legal? Can I be reduced in rank or job title because I was wearing maternity clothes?
There are instances where demotion based on what you are wearing is illegal. If it turns out that your employer violated your rights under state and federal laws, you can seek justice by filing a claim for wrongful termination.
The Laws Concerning Work Dress Codes
If your workplace has 15 or more workers, you are protected from discriminatory treatment by your employer under Title VII of the Civil Rights Act. Title VII prohibits discrimination against religion, race, disability, age, and other characteristics that are protected by law. In 1978, the law was amended to include the Pregnancy Discrimination Act. Thus, it became illegal for employers to make adverse employment decisions based on the fact that someone was pregnant or recently gave birth.
The state of California offers similar protections under the Employment and Housing Act (FEHA). With FEHA, characteristics that are protected from workplace discrimination include:
- Race or color
- Religion or creed
- National origin/ ancestry / genetic information
- Age (for those who are 40 or older)
- Having a serious medical condition or a physical or mental disability
- Marital status
- Sexual orientation
- Gender or gender identity / expression
- Sex, which includes pregnancy
- Military or veteran status
Please note that the terms of the Fair Employment and Housing Act apply to workplaces with 5 or more workers. This is lower than the federal government’s minimum requirement of 15 employees for protection under the Civil Rights Act. So, there is a very good chance that you are protected against pregnancy discrimination at work according to the laws in California.
At the end of the day, dress codes can be a sensitive and confusing issue. Employers have a right to establish and enforce a dress code as long as it does not discriminate against one or more people of a protected group. Since pregnancy is a protected characteristic, your employer may have broken the law if they demoted you for wearing maternity clothes. At the same time, some industries have important reasons for why you have to dress a certain way, and it’s possible that your maternity clothes are in violation of those rules.
This is why legal advice is crucial for those who are having employment disputes. Workplace discrimination is a complex area of law, especially where pregnancy and other medical conditions are involved. To ensure that you understand the laws and the legal actions that are available to you, contact the offices of California Labor Law Employment Attorneys Group.
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Your Employer’s Right to Enforce a Dress Code
An employer’s control over how you dress at work covers many areas, and some of these may seem unfair. However, employers have considerable discretion over what is allowed and different grooming standards for people in different positions. Employers can also different clothing and grooming standards based on gender, like requiring that women dress in skirts, while men can wear slacks. This is common practice in various work settings, like restaurants and hotels.
What matters is that the one group of employees is not treated less favorably than the other. Alternatively, one group cannot be subjected to harassment and other unwelcome acts based on the fact that they are a woman, pregnant, over the age of 40, etc. Employers must also enforce dress codes equally, meaning you cannot be targeted and told to dress a certain way when other no one else is held to the same requirement.
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Can I Lose My Job for Wearing Maternity Clothes?
In most job situations, wearing maternity clothes should not be a hindrance to your ability to perform your job duties. And maternity clothes come in just about every style nowadays, making it easier to find things that meet the dress code requirements at your job. So, there’s a good chance that your right to wear maternity clothes during pregnancy is protected by FEHA and Title VII. If you are eligible for these protections, your employer cannot fire you on the basis of wearing maternity clothes.
Even if you work in a setting with very specific clothing requirements, you may have the right to ask for reasonable accommodations based on pregnancy and medical conditions related to pregnancy. For example, the Americans with Disabilities Act requires employers to make accommodations for disabled workers that are within reason based on the employer’s size, budget, and resources. Pregnancy is not in itself a disability, but medical conditions related to one’s pregnancy may be classified as a disability according to the ADA. For some women, maternity clothes may be necessary to accommodate a disability associated with pregnancy. So, this may be used as a reason to deviate from the work dress code by allowing the employee to wear maternity clothes.
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Help from a Lawyer Specializing in Pregnancy Discrimination
Pregnancy and childbirth come with unexpected challenges, and that may include discrimination by your employer. Of course, it can be difficult for the average person to figure out if their employer is breaking the law, and what they can do as a victim of pregnancy discrimination. That’s why we encourage you to speak with a California employment attorney right away.
You do not have to worry about paying us, as we operate under the Zero Fee Guarantee. We do not charge you for the initial consultation, nor do we do ask for legal fees upfront if you are eligible for a discrimination lawsuit. Legal expenses are paid as a part of your settlement from a successful claim, so we make absolutely nothing if we fail to win your case.
The journey begins with a free case review, which you can schedule by contacting our law firm 7 days a week, 24 hours a day.
