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January 17, 2025

How to Prove Pregnancy Discrimination in California by Job Type

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

Short answer: The most effective way to prove pregnancy discrimination in California is to document all changes in treatment that occur after pregnancy disclosure, backed by written evidence and witness statements.

Steps to Follow to Prove Any Pregnancy Discrimination Case

For any pregnancy discrimination case, regardless of industry, it’s important to:

  1. Report the discrimination to HR or appropriate supervisors in writing
  2. Keep copies of all relevant employment documents
  3. Document any retaliatory actions after reporting
  4. Follow company grievance procedures
  5. File a complaint with the DFEH (Department of Fair Employment and Housing) within the required timeframe
  6. Consider consulting with an employment lawyer who specializes in pregnancy discrimination

Pregnancy Discrimination Settlement Estimator

Looking to see how much your potential pregnancy discrimination case might be worth? Use the calculator below to get an estimate in 90 seconds or less.

*Please note, the figures presented in this calculator are approximations based on past case results and should not be interpreted as a prediction or guarantee. Each case is unique and requires personalized legal guidance.

Healthcare Industry Example

A nurse is passed over for a promotion to head nurse after announcing her pregnancy. Her supervisor makes comments about needing someone who won’t “take extended leave” and chooses a less qualified candidate.

How to prove

  • Document the timeline of pregnancy announcement and denied promotion
  • Keep records of qualifications compared to the person who got the position
  • Save any emails or written communications about the promotion decision
  • Document discriminatory comments about pregnancy/maternity leave
  • Gather witness statements from coworkers who heard these comments
  • Show performance reviews demonstrating strong work history

Tech Industry Example

A software developer is gradually removed from key projects after disclosing her pregnancy. Her manager starts excluding her from important meetings and assigns her less challenging work, claiming they’re “making things easier” for her.

How to prove

  • Keep a detailed log of project assignments before and after pregnancy disclosure
  • Save meeting invites showing the pattern of exclusion
  • Document all communications about workload changes
  • Save performance reviews showing technical capabilities
  • Keep records of similar treatment of other pregnant employees
  • Maintain documentation of all discriminatory comments or emails

Retail Industry Example

A store manager is forced to take unpaid leave earlier than she wants to, with the district manager citing “safety concerns,” despite her doctor clearing her to work.

How to prove

  • Obtain and keep copies of doctor’s notes clearing you for work
  • Document all conversations about forced leave
  • Save any written policies about pregnancy and work restrictions
  • Keep records of other employees allowed to work with medical conditions
  • Document any lost wages or benefits due to forced leave
  • Save communications with HR or management about the situation

Food Service Industry Example

A server has her hours gradually reduced after showing signs of pregnancy, with management claiming they’re “protecting her” by giving her fewer shifts.

How to prove

  • Keep detailed records of work schedules before and after pregnancy became visible
  • Document all verbal conversations about schedule changes
  • Calculate lost wages from reduced hours
  • Gather witness statements from coworkers about management’s treatment
  • Save any text messages or emails about scheduling
  • Compare treatment to non-pregnant servers’ schedules

Construction Industry Example

A construction forewoman is involuntarily transferred to desk duty despite having no medical restrictions and being fully capable of performing her regular duties.

How to prove

  • Keep copies of medical clearance to perform regular duties
  • Document the specific date and circumstances of the transfer
  • Save any written communications about the transfer
  • Calculate any lost wages or opportunities from the transfer
  • Gather evidence of similarly situated non-pregnant workers being treated differently
  • Keep records of any discriminatory comments about pregnancy and safety

Evidence Employees Often Overlook When Trying to Prove Pregnancy Discrimination

Financial Impact Documentation

  • Track expenses related to discrimination (e.g., mental health counseling costs)
  • Document lost bonuses or commission opportunities
  • Keep records of missed training or certification opportunities
  • Calculate long-term career impact (projected salary differences)
  • Save evidence of benefit changes or denials

Digital Evidence Collection

  • Take screenshots of workplace chat messages or internal communication platforms
  • Save voicemails from supervisors or colleagues
  • Record video/photo evidence of workplace accommodations being denied
  • Document changes to computer/system access
  • Save social media posts or comments from workplace leaders

Example Scenario of Proving Pregnancy Discrimination in California

Below is a fictitious example timeline of pregnancy discrimination and evidence collection:

Sarah Thompson – Senior Marketing Manager at TechCo Solutions

January 15, 2025

  • Discovers pregnancy
  • Saves copy of outstanding performance review received week prior
  • Documents current project assignments (leading 3 major client accounts)

February 1

  • Discloses pregnancy to supervisor, James Miller, during 1:1 meeting
  • Takes notes immediately after meeting, including his response: “This might affect our client retention strategy”
  • Saves calendar invite and meeting notes

February 3-15

  • Screenshots removal from 2 client email threads
  • Saves before/after meeting invites showing gradual exclusion
  • Documents reassignment of key accounts to junior colleague
  • Records conversation with coworker who witnessed James saying “We need someone more reliable”

March 1

  • Receives first negative performance feedback ever
  • Saves email showing sudden criticism of work quality
  • Documents that no specific examples of poor performance provided
  • Files copies of recent successful project completions

March 15

  • Formal complaint filed with HR
  • Keeps copy of complaint and HR’s acknowledgment email
  • Records meeting with HR (with permission)
  • Saves email thread discussing concerns

March 20-30

  • Experiences increased scrutiny of work hours
  • Screenshots of time-tracking system showing consistent hours
  • Documents sudden requirements to copy supervisor on all emails
  • Saves supportive emails from clients praising recent work

April 5

  • Passed over for team lead promotion
  • Saves job posting and qualifications
  • Documents comparative qualifications with promoted colleague
  • Records conversation about decision with notes about “long-term commitment to role”
  • Obtains written statement from colleague about supervisor’s comments regarding pregnancy

April 15

  • Files complaint with DFEH
  • Keeps copy of all submission documents
  • Creates detailed chronological summary of events
  • Compiles all evidence collected to date

May 1

  • Starts experiencing health issues due to stress
  • Obtains doctor’s note documenting stress-related complications
  • Keeps receipts from mental health counseling
  • Documents medical appointments and related expenses

Supporting Evidence Maintained Throughout

  • Email threads
  • Meeting recordings (where permitted)
  • Performance reviews
  • Project assignments
  • Calendar invites
  • Medical documentation
  • Witness statements
  • HR communications
  • Time/attendance records
  • Client feedback
  • Expense receipts

Final Documentation Package

  1. Complete chronological timeline
  2. All electronic communications
  3. Performance documentation (before and after)
  4. Medical records related to stress
  5. Financial impact calculations
  6. Witness statements
  7. Company policy violations
  8. DFEH complaint copies
  9. HR complaint copies
  10. Evidence of qualifications compared to others

Final Result

Sarah successfully proved pregnancy discrimination because she established a clear “before and after” pattern – showing excellent performance before pregnancy disclosure followed by sudden negative treatment after.

She methodically documented everything (emails, meeting notes, witness statements) that demonstrated how her responsibilities were stripped away and captured discriminatory comments about needing “someone more reliable.”

Most importantly, she maintained records showing she was passed over for promotion in favor of a less qualified colleague while having direct evidence of her supervisor’s comments about “long-term commitment.”

Experiencing Pregnancy Discrimination?

If you think you believe you are experiencing pregnancy discrimination and have questions about your case, connect with LawLinq’s pregnancy discrimination attorneys to see if you have a case. All consultations are free of charge.

About the Author

Carey Wood

Carey Wood is a dedicated advocate for plaintiffs’ rights with extensive experience litigating employment law and consumer protection cases in state and federal courts. Since joining the bar in 2013, she has focused on protecting employees’ rights in matters involving workplace discrimination, harassment, wrongful termination, and wage and hour violations in addition to breach of warranty and consumer fraud. Her skillful advocacy and commitment to justice have resulted in successful outcomes for her clients in complex litigation and trial proceedings. Prior to joining Consumer Law Experts, Ms. Wood consistently fought for individuals in employment law, always prioritizing justice for those who have been wronged. Even before attending law school, she gained valuable experience in civil litigation advocating for individuals. Passionate about protecting employees and ensuring access to justice, Ms. Wood is committed to empowering her clients and holding employers accountable under the law.

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