COVID-19 Alert   We have changed our procedures for COVID-19.   Learn More
What to consider when laying off employees due to COVID-19. Learn More

Signs of Pregnancy Discrimination in the Workplace

Man Pointing to Woman

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. 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.