Bryant Whitten, LLP

Is my manager quietly forcing me out after my pregnancy news?

2026-04-08T18:15:43Z

Yes, some managers do attempt to quietly push pregnant employees out rather than provide the legally required support and accommodations. This illegal practice is more common than it should be, and recognizing the signs early can help you protect your rights.

Sudden changes in treatment

One of the most common tactics is a noticeable shift in how your manager treats you. You might find yourself being excluded from important meetings or projects you previously led. Your responsibilities may be reassigned to colleagues, or you might be moved to less desirable shifts, locations or tasks. Sometimes managers will stop communicating with you directly, routing information through others or leaving you out of conversations entirely. These changes often happen without clear explanation or justification.

Roadblocks to reasonable accommodations

Pay attention to how your employer responds when you request pregnancy-related accommodations. Red flags include outright denying or simply ignoring requests for reasonable adjustments like more bathroom breaks or modified duties. Some employers make you jump through unnecessary hoops to get simple adjustments that should be straightforward. They might suggest you're being "difficult" or "high maintenance" for asking for legally protected adjustments.

Hostile comments and behavior

Listen carefully to what your manager and colleagues say about your pregnancy. Are they making remarks questioning your commitment to the job? Have they asked whether you'll actually return after leave?

Comments suggesting your pregnancy makes you unreliable or less capable are troubling. Even jokes or dismissive attitudes about it can signal a hostile environment.

Document everything

If you notice these patterns, start building a record immediately:

Save all emails, texts and written communications
Document denied accommodation requests in writing
Note any performance reviews or disciplinary actions (especially if they're new)
Save copies of your work product to show maintained performance
Request written explanations for sudden changes in your role

A well-documented record is your strongest tool for protecting your rights and holding your employer accountable.

You deserve better

California law provides strong protections for pregnant workers and new parents. If your employer is making your pregnancy a liability instead of supporting you through it, you don't have to accept that treatment. Understanding your rights and documenting problems as they happen puts you in a stronger position to address discrimination and protect your career.

5 signs of pregnancy discrimination

2024-12-20T19:56:25Z

Discrimination involves treating certain people differently because of their protected characteristics. Employers should not consider a worker's sex or their medical status when making determinations about their employment. Unfortunately, pregnant women often face discrimination. Pregnant women may need to take legal action in scenarios where companies mistreat them or deny them opportunities because of their sex and medical status. Unfortunately, many women struggle to recognize pregnancy discrimination initially. What warning signs may be indicators of inappropriate discrimination against a pregnant woman?

1. Rescinding job offers

Organizations do much of their recruiting process online. A pregnant woman could submit her resume to an employer through a digital platform. She may communicate via email or attend a virtual initial interview. Pregnant workers can obtain job offers based on their capabilities and personality, only to have the company revoke that offer when they arrive in person for a second interview or training. Companies that deny opportunities to visibly pregnant women may have discriminated against them.

2. Terminating a worker during or after pregnancy

Pregnancy discrimination may culminate in a worker losing their job. Sometimes, a pregnant worker might lose a job after becoming visibly pregnant or requesting light-duty work. Other times, they discover that they have lost their job when they attempt to return from maternity leave. Firing a worker for pregnancy or maternity leave is a common form of discrimination.

3. Refusing to provide accommodations

Most pregnant women can continue working through all three trimesters with appropriate support. Some women may need to work from home if they require bed rest. Others may simply have limits on how long they stand or how much weight they lift. Companies can usually accommodate the restrictions placed on pregnant workers by health care professionals.

4. Allowing a hostile work environment

Some people make tasteless jokes about a pregnant woman's appearance or how the pregnancy began. Others may be downright hostile toward pregnant workers, viewing them as a burden. Employers should not allow coworkers or managers to abuse pregnant workers. Allowing a hostile work environment to develop is a common form of discrimination.

5. Limiting professional opportunities

Many pregnant women still want to pursue career advancement. Simply having a child does not mean that a professional intends to stay home or reduce her focus on her career. Employers should not consider medical conditions, including pregnancies, when deciding who to promote or who to include on large projects. When companies consistently deny advancement opportunities, reduce scheduled hours or limit sales leads provided to pregnant workers, that behavior can be a form of pregnancy discrimination. Documenting inappropriate company behavior and discussing frustrating situations to evaluate them for legal violations can help workers determine if pregnancy discrimination has occurred. Women facing pregnancy discrimination may need to take legal action to hold their employers accountable and reduce the harm generated by employer misconduct.

Does anxiety qualify for FMLA in California?

2026-02-23T07:48:57Z

Dealing with anxiety can affect many parts of life, including work. Workers may wonder if anxiety qualifies them for leave under the Family and Medical Leave Act (FMLA). Understanding how FMLA works helps employees know their rights and options when facing mental health challenges.

If your employer has questions about your mental health leave or has denied your request, you may want clarity about your protections. Our employment law team works with employees across California. You can reach the office closest to you or connect with us through our online inquiry form.

Defining a serious health condition

For anxiety to qualify for FMLA leave, it must qualify as a serious health condition. FMLA defines serious health conditions as those requiring either inpatient care or ongoing treatment from a healthcare provider. If anxiety severely disrupts an employee’s ability to perform their job, it might qualify for FMLA. Regular treatment or therapy sessions with a healthcare provider strengthen the case for anxiety as a qualifying condition.

Certification from a healthcare provider

Employees seeking FMLA leave for anxiety need certification from a healthcare provider. This certification shows that the anxiety requires ongoing care and affects the employee’s ability to work. The certification also confirms the need for leave. Employees should communicate with their healthcare provider to ensure all documentation supports their FMLA claim. The process involves showing how anxiety impacts daily work responsibilities.

Duration of leave

FMLA allows employees to take up to 12 weeks of unpaid leave within a 12-month period. This leave may come all at once or in smaller increments, depending on the severity of the anxiety. Employees may need intermittent leave for medical appointments or treatments. It’s important for employees to stay in contact with their employer while on leave to ensure compliance with company policies and FMLA guidelines.

Navigating FMLA for anxiety

Taking FMLA leave for anxiety involves staying organized and ensuring all necessary paperwork is in order. With the right documentation, you can focus on managing your health while maintaining job protection. This process allows employees to balance their mental well-being with their work responsibilities.

If you have concerns about requesting leave or believe your employer interfered with your FMLA rights, you may want to review your situation with a knowledgeable team. We assist employees throughout California.

Fresno
Phone: 559-216-1265

San Luis Obispo
Phone: 805-328-6206

Sacramento
Phone: 916-827-2576

Oakland
Phone: 510-901-0774

San Francisco
Phone: 415-830-8941

Submit a confidential message through our contact page.

Facing discrimination at work after returning from pregnancy

2024-09-25T05:09:28Z

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.

What is retaliation in a whistleblower case?

2024-09-12T06:00:33Z

A whistleblower case involves an employee who reports illegal or unethical activities within their workplace. These cases exist to protect employees from punishment for coming forward with this kind of information. However, many whistleblowers face retaliation for reporting these wrongdoings.

Common forms of retaliation

Retaliation often comes in different forms, with employers or managers trying to punish or silence the employee. Some examples include job demotion, a salary cut, or giving the employee less favorable assignments. Other types may include creating a hostile work environment, reducing work hours, or blocking career growth. In more severe cases, employers might fire the employee.

Legal protections for whistleblowers

California Labor Code Section 1102.5 and the California Whistleblower Protection Act protect employees from retaliation if they report unlawful actions at work. These laws make sure that whistleblowers don't lose their jobs, get demoted, or receive unfair treatment for speaking up. The protections apply to both private and public employees, and employees can fight back against retaliatory actions. However, they need evidence showing that the employer acted against them because of their whistleblowing.

Proving retaliation

To prove retaliation in a whistleblower case, an employee must show three things. First, the employee needs to show that they reported illegal activity. Next, they must prove that the employer took negative action against them. Finally, the employee needs to connect the report with the employer’s retaliation. If they can’t prove this link, their claim may not move forward.

Supporting transparency

Retaliation makes it harder for employees to feel safe speaking up about illegal behavior. A workplace built on trust and fairness allows whistleblowers to report problems without fear, creating a better environment for everyone.

Can my boss tell other employees I’m pregnant?

2026-02-23T08:29:05Z

Workplace privacy stands as an important right for employees. When it comes to sensitive matters like pregnancy, employees may wonder if their boss has the right to share this information with others in the workplace. Understanding your privacy rights helps you navigate these situations and protect your personal information.

If you have concerns about workplace privacy or pregnancy discrimination, you can speak with a member of our team about your situation. You can call the office closest to you or reach out through our online contact form.

Employee privacy rights

The law protects employees' privacy, including personal information related to pregnancy. Your boss does not have the right to share your pregnancy status with other employees without your consent. Personal health information, including pregnancy, should remain private unless you decide to share it yourself.

Exceptions to privacy

While your pregnancy should remain private, certain situations may require your boss to inform others about it. For example, if your pregnancy affects your work duties or schedule, your boss may need to discuss adjustments with relevant staff. However, even in these cases, your boss should handle the information carefully, sharing only what is necessary.

Handling privacy concerns

If you feel your boss has violated your privacy by sharing your pregnancy status without your consent, you have options to address the issue. Start by discussing your concerns with your boss and explaining how the disclosure has affected you. If you feel uncomfortable talking to your boss directly, consider reaching out to your HR department for guidance on handling the situation.

Protecting your privacy at work

The law gives you the right to keep your pregnancy private while offering protection against pregnancy discrimination. Understanding your rights helps you feel more confident in maintaining your privacy in the workplace.

Have questions about your rights? We are here to listen

If you would like to discuss a possible privacy concern or pregnancy discrimination issue, our offices across California are available to speak with you.

Fresno
Phone: 559-216-1265

San Luis Obispo
Phone: 805-328-6206

Sacramento
Phone: 916-827-2576

Oakland
Phone: 510-901-0774

San Francisco
Phone: 415-830-8941

You can also contact us online through our contact form.

What can you do if you witness sexual harassment at work?

2024-08-19T05:56:37Z

Witnessing sexual harassment at work can be a challenging and uncomfortable experience. However, you have the option to take the right steps in supporting your affected coworker and maintaining a safe work environment. If you witness instances of harassment, there are several actions you can take to address the situation effectively.

Choosing to intervene

You should only intervene if it is safe to do so. In some cases, stepping in can stop the harassment immediately. This may involve calling out the inappropriate behavior or creating a distraction to defuse the situation. However, do not put yourself in harm's way. If intervening directly feels unsafe, consider other options.

Offering support

There are correct ways to support someone affected by sexual harassment. Let them know that you witnessed the incident and are willing to help. This support can involve listening to them and reassuring them that they are not alone. Sometimes, just knowing that someone else saw what happened can be a significant source of comfort for someone dealing with a harassment claim

Reporting the harassment

Encourage your affected coworker to report the harassment. While it is ultimately their decision, remind them that reporting the incident can prevent further harm. You can offer to accompany them when they report the behavior to human resources or a supervisor. If the other person feels unsure about reporting, sharing your perspective as a witness may help them decide.

Documenting the incident

Write down details about what you saw, including the date, time, location and people involved. This documentation can serve as valuable evidence if the situation escalates or if there is an investigation of EEOC law violations. Make sure to keep this information secure and only share it with those who need to know. Taking these steps can make a significant difference in addressing and preventing sexual harassment at work. By acting with courage and empathy, witnesses can contribute to a safer and more respectful workplace for everyone.

What to do if your employer denies your FMLA request

2024-08-06T10:10:55Z

The Family and Medical Leave Act (FMLA) is a federal law that can protect employees who need to take unpaid leave for specific family and medical reasons. In California, additional state laws, like the California Family Rights Act (CFRA), provide similar protections. If your employer denies your FMLA request, you must know your options and rights.

Understand the reasons for the denial

First, note the reason your workplace gave you for denying the FMLA claim. Common reasons include failing to meet eligibility requirements, such as not working for the employer for at least 12 months. If your employer’s reason is unclear, ask for clarification in writing.

Verify your eligibility

Ensure you meet all FMLA and CFRA eligibility criteria. If you do, gather evidence to support your claim, such as employment records, timesheets, and any correspondence regarding your leave request with your employer.

Discuss with HR

Schedule a meeting with your Human Resources (HR) department to discuss the denial. Present your evidence and ask them to reconsider your request. Sometimes, miscommunication or a lack of information can lead to an initial denial. You can resolve it through discussion.

File a complaint

If discussing the issue with HR doesn't resolve it, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or the California Department of Fair Employment and Housing (DFEH). These agencies investigate FMLA and CFRA violations and can assist. If necessary, seek legal counsel. If your FMLA request is denied in California, don't panic. Filing a complaint with relevant agencies and exploring alternative leave options can help resolve your issue.

Understanding whistleblower protection duration

2024-07-26T11:01:18Z

When you blow the whistle on unlawful activities at your workplace, it's crucial to know your protections. California designs their whistleblower laws to safeguard you from retaliation. However, understanding how long these protections last is vital for maintaining your peace of mind.

Immediate protections for whistleblowers

California law immediately protects you once you report any illegal activity. Your employer cannot fire, demote, or harass you because of your report. These protections kick in the moment you disclose information about workplace misconduct to a government agency or law enforcement.

Duration of protections

The duration of whistleblower protections in California varies. Generally, these protections last as long as there is a potential for retaliation. If you face retaliation, you can file a complaint with the Labor Commissioner. The law doesn’t specify a strict timeline for how long the protections last, but they remain in effect throughout the investigation and any related legal proceedings.

Filing a complaint

If you believe you’re facing retaliation, you have the right to file a complaint with the California Labor Commissioner. Usually, you have up to two years from the date of the retaliation to file this complaint. This process helps maintain your rights and keeps your workplace safe.

Potential for extended protections

In some cases, protections for whistleblowers can extend beyond the initial period. If retaliation continues or if there are ongoing legal matters, your protections may last longer. Continuous protection ensures that you are not vulnerable to ongoing harassment or discrimination.

Ensuring a safe workplace

Staying informed and vigilant about your rights as a whistleblower is crucial. California provides robust protections to ensure that you can report misconduct without fear. Keep yourself updated and always prioritize your safety and rights in the workplace.

Whistleblower protection programs for undocumented individuals

2024-07-17T09:59:24Z

Speaking up when you witness illegal activities or unsafe conditions at your workplace can be daunting. However, whistleblower protection programs exist to protect workers who report these activities. For undocumented individuals in California, understanding these protections is especially crucial. You still have rights and can report wrongdoing without fear of retaliation.

California's whistleblower protections

California has strong laws to protect whistleblowers, including undocumented workers. Undocumented employees often worry that whistleblowing will lead to termination, demotion, or harassment. However, these laws help alleviate that fear. They ensure that all employees can report illegal activities without facing retaliation.

California Labor Code Section 1102.5

California Labor Code Section 1102.5 is one of the primary laws protecting whistleblowers. It prohibits employers from retaliating against employees who report information they reasonably believe violates state or federal laws, rules, or regulations. This protection extends to undocumented workers. This ensures they can report issues without fear of retribution.

Whistleblower Protection Act

The Whistleblower Protection Act also provides protections for employees who report illegal activities. This law applies to government employees, including those who are undocumented. Workers can report fraud, waste, or abuse without facing adverse consequences.

Occupational Safety and Health Administration (OSHA)

OSHA is a federal agency that ensures safe and healthy working conditions. OSHA's whistleblower protection program covers workers who report workplace safety violations. OSHA's whistleblower program also protects undocumented individuals. If you report unsafe conditions, OSHA can investigate and ensure you stay protected.

Equal Employment Opportunity Commission (EEOC)

The EEOC enforces laws against workplace discrimination. It allows employees to make a report to the EEOC if they face discrimination based on race, religion, sex, age, disability, and national origin. This protection allows employees, including undocumented workers, to safely report discrimination. This way, employees can fight for fairness in the workplace.

U and T Visas

Undocumented individuals who have been victims of certain crimes may be eligible for U or T visas. These crimes may include workplace violations. These visas provide temporary legal status and work authorization. The U visa is for victims of serious crimes who assist law enforcement, while the T visa is for victims of human trafficking. Reporting workplace crimes can potentially make you eligible for these protections.

Knowing your rights and protections

Undocumented workers have several whistleblower protection programs to ensure their rights are upheld. Your status does not strip you of your rights. Reporting illegal activities and hazardous working conditions helps keep everyone safe. It is critical for you to know that there are avenues to safeguard your well-being when you make a report. This way you can have peace of mind while ensuring a safer workplace for all employees.