What If Your Employer Cuts Your Hours After You Announce You’re Pregnant?

Pregnancy should be a time when employees feel supported and celebrated, but unfortunately, some experience sudden changes in their workplace after informing their employer that they are pregnant. One of the most common complaints pregnant employees face is having their work hours reduced shortly after announcing a pregnancy.

If an employer cuts hours after learning about a pregnancy, it may be more than just an unfortunate scheduling decision and understanding one’s rights can help determine whether an employer’s actions are lawful. 

Is It Unlawful for an Employer to Cut Hours Because of a Pregnancy?

In many situations, cutting an employee’s hours because they are pregnant is unlawful and is considered to be an act of pregnancy discrimination. For context, pregnancy discrimination is whenever an employer treats an employee unfairly because of pregnancy, childbirth, or a related medical condition. 

With that in mind, if the reduction in hours happened shortly after your pregnancy announcement, it may indicate discriminatory intent which violates California and Federal laws such as: 

• The California Fair Employment and Housing Act (FEHA)
• The Pregnancy Discrimination Act (PDA)
• The Family and Medical Leave Act (FMLA)
• The California Family Rights Act (CFRA)

When Can an Employer Legally Reduce Hours?

There are limited circumstances where reducing an employee’s hours may be lawful, such as company-wide layoffs and seasonal reductions in work hours. However, the key question is whether pregnancy was the real reason for the reduction, because if other employees are not experiencing the same cuts or if your employer cannot provide a legitimate business reason then it serves as a strong sign that a employee’s rights may have been violated.

Can Your Employer Retaliate Against You for Speaking Up?

Any retaliation from an employer is unlawful especially if it was after speaking up about a potential pregnancy discrimination. In fact, any action such as further reduction of hours, demotion, termination, any assigning of undesirable shifts can be defined as workplace retaliation. Under California Senate Bill 497, if an employer takes adverse action within 90 days of a protected act, it is presumed to be retaliatory and the employer can be fined and held accountable for their actions. 

Common Signs of Pregnancy Discrimination in the Workplace

Not every schedule change is unlawful, but certain patterns may indicate discrimination.

Some of the most common warning signs include:

• Hours being reduced immediately after telling an employer about a pregnancy
• Other employees with similar roles kept their normal schedules
• An employer claiming they “need someone more reliable” or someone who “won’t be going on leave”
• Being removed from important shifts, projects, or responsibilities
• Encouraged to take unpaid leave earlier than necessary
• Being treated differently than other employees with temporary medical conditions

What To Do If An Employer Cuts Your Hours?

If a pregnant employee’s hours were reduced after announcing their pregnancy, it is important to take action quickly. In fact, one of the first things to do is to start keeping records of everything from shift changes to messages. 

In addition, it is vital to ask for clarification in writing and to report the issue to the company’s HR department so that there is a record on company files. If the issue still cannot be resolved internally, then it is recommended to consult with a skilled labor attorney who can provide further insight and clarity on the situation. 

Don’t Let Pregnancy Discrimination Hurt a Child’s Future

No employee should have to choose between their job and starting a family. If an employer has suddenly started to mistreat a pregnant employee after learning about their pregnancy, an experienced employment attorney can right this injustice. At Lawyers for Justice, P.C.® the firm’s dedicated team of employment attorneys understand how impactful pregnancy discrimination can be and are committed to give their clients the legal representation they deserve. 

Call (818) JUSTICE for a free case consultation.