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How Can I Show I Was Excluded From Workplace Projects Due to My Pregnancy?

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How Can I Show I Was Excluded From Workplace Projects Due to My Pregnancy?

Pregnant employees often face unfair treatment at work, including being wrongfully excluded from projects and advancement opportunities. This type of discrimination is illegal, but proving it can be challenging. If you believe your career is being stalled because of your pregnancy, it is crucial to understand your rights and how to gather the evidence needed to protect them. The Law Offices of Jeannette A. Vaccaro PC is dedicated to fighting for employees who have been wronged, and we are here to help you navigate this difficult situation.

To demonstrate you were unfairly excluded, you will generally need to:

  • Document the timing of the adverse actions.
  • Show how your treatment differed from that of non-pregnant colleagues.
  • Gather evidence of discriminatory comments or behavior.
  • Keep records of your performance and contributions.

What Constitutes Pregnancy Discrimination?

Denying an employee promotions, key projects, or other advancement opportunities because of their pregnancy, childbirth, or related medical conditions is unlawful. Under state and federal laws, including California’s Fair Employment and Housing Act (FEHA), employers are prohibited from making employment decisions based on an employee’s pregnancy status.

Examples of discriminatory actions can include:

  • Passing you over for a promotion in favor of a less-qualified, non-pregnant colleague.
  • Removing you from important projects or client accounts after you announce your pregnancy.
  • Denying you training opportunities that are available to other employees.
  • Refusing to provide reasonable accommodations that would allow you to continue performing your job duties.

How Can I Show I Was Excluded From Workplace Projects Due to My Pregnancy?

Proving pregnancy discrimination often relies on demonstrating a pattern of unfair treatment that is directly linked to your pregnancy. Since employers rarely admit to discriminatory intent, your case will likely be built on a combination of direct and circumstantial evidence.

Direct evidence is a clear statement of discriminatory intent, such as an email or recorded comment from a supervisor linking their decision to your pregnancy. More commonly, you will rely on circumstantial evidence, which can include:

  • Contemporaneous Timing: If you were removed from a project or denied an opportunity shortly after announcing your pregnancy or requesting leave, the timing can serve as powerful evidence.
  • Differences in Treatment: Compare how your employer treats you versus how they treat non-pregnant employees in similar roles. If others with comparable or lesser qualifications were given opportunities that were denied to you, this can suggest discrimination.
  • Failure to Accommodate: Your employer is required to provide reasonable accommodations for pregnancy-related needs, as long as it does not cause an “undue hardship.” Examples include modifying your duties, allowing more frequent breaks, or permitting remote work if your doctor recommends it. An employer’s refusal to provide a reasonable accommodation can also be a form of discrimination.

What Actions Should I Take If I Have Been Discriminated Against?

If you believe you are being excluded from workplace projects due to your pregnancy, it is important to take immediate steps to protect your rights. First, document everything. Keep detailed records of discriminatory actions, including dates, times, and any witnesses. Save all relevant emails, messages, and performance reviews. Second, consult an experienced employment attorney to understand your legal options.

An attorney can help you file a formal charge with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD). These agencies will investigate your claim. It is also important to be aware of your rights under laws like the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Leave (PDL) law, which provide job-protected leave for eligible employees.

Stand Up For Your Rights

Facing discrimination at work can be an isolating and stressful experience, but you do not have to go through it alone. Understanding your rights as a pregnant employee is the first step toward securing the fair treatment you deserve. If you have been excluded from projects or denied opportunities due to your pregnancy, contact the Law Offices of Jeannette A. Vaccaro PC today. Our attorney is passionate about protecting employee rights and can provide the guidance and advocacy you need to fight back against injustice.

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