Your rights as a pregnant job seeker and employee

On Behalf of Law Offices of Reisner & King LLP |

Aug 25, 2021 |

Looking for a job in California while you are pregnant can be stressful enough. With a baby on the way, you are probably eager to secure steady employment to help your family. When employers start asking rude questions about your reasons for working, the discriminatory treatment can be incredibly frustrating.

Employers cannot discriminate against you for being pregnant

Even if you are visibly pregnant at a job interview, you are not obligated to tell the interviewer about your condition. Employment law also forbids your employer from asking you if you are pregnant or plan to become pregnant. Later on, if you require job accommodations, you can inform your employer about your pregnancy in your own time.

You cannot be treated differently because of pregnancy

Once you are employed, your employer cannot treat you differently than the other workers because you are pregnant. This means that you should be allowed to retain your position during your pregnancy, and you cannot be fired or passed over for a promotion. If you decide to take maternity leave, your employer must hold your position open for you just like they would for an employee who was out on sick leave.

Your employer cannot retaliate against you for filing a complaint

Unfortunately, many employers violate employment discrimination laws like the Pregnancy Discrimination Act. If you file a complaint against your employer after being treated unfairly because of pregnancy, your employer is not allowed to retaliate against you for taking this step. Your employer is not allowed to retaliate against you for complaining even if they were found innocent of pregnancy discrimination.

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