Can I Be Demoted At Work During A Pregnancy?

If you are pregnant and your employer has demoted you, reduced your hours, or changed your job duties in a negative way, this could violate state or federal laws. Employers are prohibited from treating you unfairly simply because you are pregnant, plan to take leave, or have medical restrictions due to pregnancy.

If you have been demoted at work while pregnant, contact our Los Angeles pregnant discrimination attorneys today. Call us today at (949) 379-6250.

California’s Pregnancy Protections

Under the California’s Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against an employee based on pregnancy, childbirth, or related medical conditions. This includes all aspects of employment, such as hiring, promotions, job assignments, and demotions. FEHA applies to employers with five or more employees and protects both full-time and part-time workers. If your employer demotes you because you are pregnant, need accommodations, or plan to take pregnancy leave, that demotion is likely unlawful.

Additional Legal Protections

Several additional laws offer overlapping protections for pregnant employees in California:

• Pregnancy Disability Leave (PDL): California law allows employees disabled by pregnancy to take up to four months of unpaid, job-protected leave. During this time, your employer must maintain your position or provide a comparable one upon your return.
• California Family Rights Act (CFRA): Eligible employees can take up to 12 weeks of additional bonding leave after childbirth. Like PDL, CFRA provides job protection and prohibits retaliation for taking leave.
• Federal Family and Medical Leave Act (FMLA): Similar to CFRA, this law offers 12 weeks of leave for eligible employees. Taking FMLA or CFRA leave cannot be used as a reason for demotion or punishment.

If you’ve faced demotion or retaliation for taking leave due to family or medical reasons, our Los Angeles FMLA lawyer is here to help. Contact us today.

When Is a Demotion Illegal?

A demotion during pregnancy may be illegal if:

• It happens shortly after you disclose your pregnancy or request accommodations.
• Your job duties are reduced without medical justification.
• You are reassigned to a lower-paying or less desirable position.
• You are penalized for taking PDL, CFRA, or FMLA leave.
• Other employees in similar roles are treated more favorably.

In some cases, an employer may claim the demotion is due to performance or restructuring. However, if the timing or circumstances suggest pregnancy was a factor, you may have a valid discrimination or retaliation claim.

What to Do If You Were Demoted During Pregnancy in Los Angeles

If you believe your demotion was related to your pregnancy:

1. Document Everything – Keep records of all communications, performance reviews, and changes to your duties or schedule.
2. Request a Written Explanation – Ask your employer to explain the reason for your demotion in writing.
3. File a Complaint – You can file a discrimination claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
4. Consult a Los Angeles Pregnancy Discrimination Attorney – A lawyer can help you understand your rights, evaluate your case, and pursue compensation if laws were violated.

Why Hiring a Pregnancy Discrimination Lawyer in Los Angeles Is Critical

Pregnancy discrimination claims can be challenging to prove without legal support. A knowledgeable Los Angeles workplace discrimination lawyer can gather evidence, communicate with your employer, and file a legal complaint on your behalf. They can help you seek damages such as back pay, lost benefits, emotional distress, and in some cases, punitive damages. Most importantly, an attorney will give you peace of mind and ensure your rights are fully protected during this critical time. Contact us today.