Pregnancy Retaliation Claims in Los Angeles: Protecting Your Rights
Experienced Pregnancy Retaliation Lawyers
California law not only prohibits pregnancy discrimination, it also prohibits employers from retaliating against employees who assert their pregnancy-related rights. If your employer punished you for requesting pregnancy leave, complaining about discriminatory treatment, or filing a discrimination complaint, you may have a strong retaliation claim under California and federal law.
Retaliation is often the most damaging form of pregnancy-related misconduct because it can compound the original harm and deter other employees from speaking up. Our Los Angeles employment attorneys aggressively pursue retaliation claims on behalf of pregnant workers and new parents.
What Is Pregnancy Retaliation?
Retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in a legally protected activity. In the context of pregnancy, protected activities include:
- Requesting Pregnancy Disability Leave (PDL) or CFRA leave
- Actually taking protected pregnancy or family leave
- Complaining to HR or management about pregnancy discrimination
- Filing a complaint with the EEOC or the California Civil Rights Department (CRD)
- Participating in an investigation or lawsuit involving pregnancy discrimination
- Requesting reasonable accommodations for a pregnancy-related condition
What Counts as an Adverse Action?
An adverse action is any action by an employer that would discourage a reasonable employee from asserting their rights. This includes not only termination, but also:
- Demotion or reduction in pay or hours
- Negative performance reviews that were not warranted
- Increased scrutiny or micromanagement after you asserted your rights
- Exclusion from meetings, opportunities, or key communications
- Transfer to a less desirable position or location
- Hostile treatment by supervisors or coworkers
- Being placed on a performance improvement plan (PIP) without justification
Proving Retaliation: The Key Elements
To prove a pregnancy retaliation claim in California, you generally need to establish three things. First, you must show that you engaged in a legally protected activity. Second, your employer must have taken an adverse employment action against you. Third, there must be a causal link between the two, which means the adverse action was motivated at least in part by your protected activity.
The timing of the adverse action is often the most powerful evidence of retaliation. Courts and agencies frequently find retaliation when adverse actions follow quickly after a protected activity. Our attorneys know how to build compelling retaliation cases using circumstantial evidence, patterns of conduct, and employer records.
Retaliation During and After Pregnancy Leave
Retaliation frequently occurs when an employee is on leave or returns from leave. Common scenarios include:
- Being told upon return from leave that your position has been eliminated.
- Finding that your responsibilities were significantly reduced or redistributed while you were away
- Being excluded from a team or project that you led before your leave
- Receiving your first negative performance review shortly after returning from leave
- Being placed on a PIP within weeks of returning from maternity leave
See our page on termination after pregnancy leave for a detailed breakdown of your rights in this situation.
California's Strong Anti-Retaliation Protections
Under the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to discharge, expel, or otherwise discriminate against any person because that person opposed practices forbidden under FEHA or filed a complaint, testified, or assisted in any FEHA proceeding. The California Labor Code also contains specific anti-retaliation provisions protecting employees who request or take protected family and medical leave.
What You Can Recover in a Retaliation Case
Successful retaliation claimants may be entitled to:
- Lost wages and benefits from the date of the retaliatory act
- Future lost earnings if the retaliation ended or damaged your career trajectory
- Emotional distress damages
- Punitive damages in egregious cases
- Attorney’s fees and reinstatement
Why Choose Employee Rights Attorney Group?
Our Los Angeles employment attorneys have extensive experience handling pregnancy retaliation cases. We understand the tactics employers use to disguise retaliation as legitimate business decisions, and we know how to expose those tactics. We offer free consultations and represent clients on a contingency basis. There is no cost to you unless we win your case.
Schedule Your Free Consultation Today
If you believe you have been discriminated against because of your pregnancy or a pregnancy-related condition, our experienced California employment attorneys are ready to fight for your rights. We offer free, confidential consultations with no obligation to hire us.
Employee Rights Attorney Group serves clients throughout Los Angeles and Southern California. There are strict deadlines to file a discrimination claim. Do not wait to get legal advice.
Call (310) 300-3435 or fill out our online form to schedule your free consultation.
