The law offers protections for pregnant women from discrimination in the
workplace. If you are pregnant or planning to become pregnant, knowing
the signs of this kind of discrimination can help you ensure that your
rights are being respected. If you do encounter a problem, contact a
labor rights attorney in San Jose, CA, for assistance. An employment law attorney can evaluate your case and
help you decide what steps to take next. Here are some of the signs that
your employer could be engaging in pregnancy discrimination.
You were fired after becoming pregnant.
Being fired while you are pregnant is not always an indicator of discrimination,
but if your pregnancy was all or part of the reason for your dismissal,
you could have a wrongful termination lawsuit. No employer can fire a
woman for being pregnant, even if he or she thinks that the job could
be dangerous for the mother-to-be. In almost all cases, decisions about
safety on the job for pregnant women are to be made solely by the woman
and her doctor. Your labor rights attorney can help you determine if your
pregnancy was the cause for your termination and if you can mount a legal
case against your employer.
You didn’t get a job because of your pregnancy.
Employers cannot refuse to hire women just because they are pregnant when
they apply for the job. Employers are also not allowed to not hire a woman
because she may become pregnant in the future or skip over her for promotions
in the workplace because she may become pregnant. A potential employer
cannot ask you about your plans to become pregnant in the future as part
of the interview process.
You aren’t receiving special accommodations.
Pregnancy is not a disability, but if you have complications during your
pregnancy that affect your ability to work, your employer may be required
to provide special accommodations to allow you to do your job. This is
true if your company provides these accommodations for other employees
with short-term medical needs, such as someone recovering from a heart
attack who needs a less physically demanding job during his or her recovery.
If your company has policies that allow for these accommodations for other
medical needs, they may provide them to you for pregnancy complications as well.