Returning to work after pregnancy can be challenging if discrimination becomes an issue. It can feel impossible to resume your normal work duties if it feels as though the people around you are bitter about your recent maternity leave.
In California, employees have protection under several laws that ensure fair treatment when they return from maternity leave. However, despite these protections, some workers still experience discriminatory behavior from employers or coworkers.
Understanding your legal protections
California’s Fair Employment and Housing Act and the Pregnancy Disability Leave law provide strong protections for employees returning from pregnancy leave. FEHA prohibits employers from discriminating against workers due to pregnancy, childbirth or related medical conditions. Employers cannot deny you the right to return to your previous position after leave. They also cannot reduce your pay or opportunities for promotion simply because of your pregnancy.
Recognizing the signs of discrimination
One form of pregnancy discrimination many new mothers face is the refusal of reasonable accommodations. California law requires employers to make accommodations for employees who need them, such as modified schedules or temporary adjustments to physical tasks. If a new mother needs to pump breast milk, for example, the employer must provide a private, non-bathroom space and reasonable break time to do so.
Retaliation is another issue. Some employers may retaliate against workers who take pregnancy leave, which can include assigning less desirable tasks or reducing work hours. It is important to keep in mind that FEHA explicitly prohibits retaliation. You have the right to take action if you face negative treatment after returning to work.
If you suspect discrimination, it is important to document all instances of unfair treatment. Keep records of conversations, actions or changes in work duties can help build a strong case. You can report your concerns to the California Department of Fair Employment and Housing, which investigates claims of discrimination.