Can I Sue My Employer for Wage Reduction Due to My Pregnancy?
It is illegal for employers to discriminate against pregnant employees in any manner. Pregnancy discrimination is a form of sex discrimination, which gives the victims the right to lodge a complaint against their employers, and be eligible to receive damages.
Pregnant employees are included in the protected group of people that cannot be discriminated against by the employers. Your pregnancy doesn’t give your employer the right to mistreat you. If an employer discriminates against a pregnant employee, they open up the possibility of defending a discrimination lawsuit if the victim institutes proceedings.
You are rightfully entitled to take legal action against your employer if they cut your pay or demote you simply because you are pregnant.
The information provided below would help you understand how to proceed with filing a complaint against your employer if you were a victim of discrimination, or you had a wage cut due to your pregnancy.
What is Pregnancy Discrimination?
Pregnancy discrimination in the work environment takes place when an employer treats women differently due to their pregnancy, childbirth, or other medical conditions related to pregnancy.
Declining to hire pregnant applicants, terminating pregnant employees, refusing reinstatement to the prior position held by employees returning from their maternity leaves, unfavorable treatment of pregnant employees, and disallowing a male employee’s health insurance coverage for his pregnant wife is also included in pregnancy discrimination.
What Laws Provide Protection to Pregnant Employees?
Many federal laws are in support of protecting pregnant employees in the workplace from discrimination.
- Title VII of the Civil Rights Act of 1964: This law entails several forms of discrimination based on various characteristics covering each stage of the employment process.
- Pregnancy Discrimination Act of 1978: This act clarifies that pregnancy discrimination is covered under sex discrimination and requires employers to treat pregnant employees equally.
- Family and Medical Leave Act of 1993: This law grants both the genders a right to avail 12 weeks of job-protected, unpaid leave, when dealing with a serious health condition by themselves, or of a family member.
Does My Employer Have the Right to Reduce My Salary If I’m Pregnant?
The employer’s right to reduce pay depends on the situation of the employee. If the disabled employee can perform the standard job functions, it qualifies them for the same benefits that any other regular employee receives. In case of any wage cuts, the employer is legally obligated to provide an explanation for such acts if the employee asks for it.
Although the employer has the right to assign you to a different position during your pregnancy period if you were struggling with your regular work, and pay you accordingly. After childbirth, you can once again go back to your original position.
If there is ever any confusion regarding what is legal interaction and what may qualify as discrimination, contact our Pregnancy Discrimination attorney at Eldessouky Law in South California today at (714) 793-0594 to understand your rights, and hold your employer accountable if they are in violation of state or federal laws.