Returning to work after maternity leave should be a time of stability and support—not confusion, stress, or retaliation. Unfortunately, some employees are shocked to find that their responsibilities have been reduced, their title has changed, or their role has been reassigned entirely. These changes, if related to pregnancy or parental leave, may be a violation of your rights under California and federal law.
At PLBH, we’ve helped countless employees hold employers accountable for unlawful demotions tied to pregnancy or maternity leave. Here’s how to recognize this form of discrimination and what to do if it happens to you.
Recognizing a Demotion Disguised as “Restructuring”
Many employers try to mask discriminatory behavior by framing it as a business decision. Common tactics include:
- Stripping away key duties
- Reassigning you to a lower-level team
- Moving you to a different location or shift
- Reducing your hours or pay
- Removing management or leadership responsibilities
While some of these changes may occasionally be valid due to genuine business restructuring, they may also be rooted in bias—especially if they only occurred after you returned from maternity leave and weren’t applied to other employees.
Your Legal Protections
You are protected under several powerful laws, including:
California Fair Employment and Housing Act (FEHA)
- Prohibits discrimination based on sex, gender, and pregnancy
- Applies to employers with five or more employees
Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)
- Entitle you to up to 12 weeks of unpaid leave for the birth of a child
- Guarantee reinstatement to your same (or a comparable) job after leave
Pregnancy Disability Leave (PDL)
- Offers up to 4 months of job-protected leave for pregnancy-related conditions
If your employer demoted you or altered your job in a negative way after you exercised your right to maternity leave, they may be violating one or more of these laws.
How to Document Pregnancy-Based Demotion
Building a strong legal case requires detailed documentation. Here’s how to protect yourself:
1. Request Written Clarification
- Ask HR or your supervisor to explain in writing why your role changed.
- Save emails, memos, or meeting notes that reference the change.
2. Compare Job Duties
- Make a written list of your responsibilities before and after your leave.
- Identify any loss of authority, pay, or resources.
3. Keep Track of Timing
- Document when you notified your employer of your pregnancy and maternity leave.
- Note when changes to your job occurred—especially if it was immediately after your return.
4. Talk to Coworkers
- They may have witnessed discriminatory remarks or changes made in anticipation of your return.
5. Preserve Performance Reviews
- If your reviews were positive before your leave, they can help refute claims that the demotion was performance-related.
What to Do If You’ve Been Demoted
If you suspect your demotion was tied to your pregnancy or maternity leave:
- Don’t quit. Leaving your job can complicate your claim.
- Avoid signing anything. You may be asked to sign documents that waive your rights.
- Contact an employment attorney. At PLBH, we can help you evaluate your case, gather the right evidence, and pursue compensation or reinstatement.
You Deserve Fair Treatment After Maternity Leave
Being a parent should never jeopardize your career. If your employer punished you for starting a family, you have legal recourse. Whether your demotion was subtle or overt, you have a right to return to work without being pushed aside.
Call PLBH at (800) 435-7542 today for a free, confidential consultation. We’ll help you fight back against pregnancy-based discrimination and protect your future.