How To Handle Harassment Based on Pregnancy in the Workplace

Several state and federal laws, like the Pregnancy Discrimination Act (PDA) and the Fair Employment and Housing Act (FEHA), protect California workers against pregnancy-related harassment. Nevertheless, you may deal with inappropriate remarks, offensive comments, or other forms of workplace harassment related to your pregnancy.

You may be unsure how to handle harassment based on pregnancy in the workplace. How do you respond, should you file a complaint, and when should you contact a pregnancy discrimination lawyer? Keep reading for tips on navigating pregnancy-related harassment at work. 

Recognizing Pregnancy-Based Harassment

The first step in addressing workplace harassment during pregnancy is recognizing it. When would a colleague’s or supervisor’s conduct count as harassment?

Anyone may encounter an occasional insensitive comment at work. To prove harassment, you’d need to show that the behavior is ongoing, pervasive, and severe enough to make you feel unsafe or interfere with your work performance. 

The following are some examples of pregnancy-related harassment:

• Offensive jokes about your pregnancy
• Inappropriate comments on your changed appearance
• Touching your baby bump without permission and/or despite your protests
• Repeated insinuations that you can’t perform your work well enough because you’re pregnant
• Expressing hopes that you’ll quit or move to a different team or office following your pregnancy

Dealing With Pregnancy-Based Harassment: A Guide

Responding to workplace harassment during pregnancy may feel like walking through a minefield. You may try to avoid conflict while standing up for your rights. 

If a colleague or supervisor’s behavior bothers you, that’s how to handle harassment based on pregnancy in the workplace. 

1. Ask the Harasser To Stop

Ask the person or people harassing you to stop their unacceptable behavior. It’s preferable to do this via text or email so you have a record of your communication. Sometimes, a harasser will stop if you make it clear you’re ready to submit a complaint.

2. Record Everything

If the harasser ignores your protests or claims you’re blowing the situation out of proportion, start recording every harassment episode. For example, if a supervisor makes a comment on your weight, write it down, including the time, date, and who was present when the harassment took place.

3. Report the Harassment

Share your experience of harassment with your manager, the HR team, or whoever is responsible for processing such complaints in your organization. If your company has an official protocol for reporting harassment, follow it. 

4. Cooperate With the Investigation

The person in charge of handling harassment complaints will probably interview you, the alleged harasser, and any potential witnesses (like other people on your team). This process should be unbiased and as discreet as possible. Be ready to provide a detailed statement with all your information, like records and texts.

5. Review the Suggested Solution

If the investigation shows that harassment took place, the company should propose an effective solution to keep you safe at work. For example, they can issue a warning to the harasser, move them to a different office, or terminate their contract. However, this solution mustn’t harm your work conditions. For example, you shouldn’t put up with a less convenient shift to avoid the harasser.

Managing Harassment Due to Pregnancy: Practical Tips

Pregnancy-based harassment can be extremely disrespectful and infuriating. We recommend the following strategies for handling pregnancy-related harassment in an assertive, professional manner:

• Review your company’s internal policies on workplace harassment, specifically harassment related to pregnancy.
• Save any screenshots, emails, and other materials that can support your harassment charge.
• State very clearly what behavior you find unacceptable, and don’t accept gaslighting like “you’re overreacting because of your hormones.”
• Stay calm and polite when communicating with the harasser, even if they make rude comments.
• Discreetly find out whether coworkers you trust have also noticed the harassment and would be willing to back up your complaint.

When Should You Consult an Attorney?

As in any instance of workplace harassment or discrimination, if you’re experiencing pregnancy-related harassment, you should first act through the organization’s channels. Report the harassment to your supervisor or the HR department. Your company should look into your complaint promptly and discipline the harasser as necessary.

If your employer ignores your complaint or doesn’t do enough to protect your rights, you may submit a charge with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). We also strongly recommend consulting a qualified workplace harassment attorney to review your case and determine whether you have grounds to file a lawsuit against your employer. 

Kent Pincin: Protecting the Rights of Pregnant Employees in California

Did you encounter workplace harassment during your pregnancy? Call us at Kent Pincin. Our legal team can protect your rights as an employee and explain how to handle harassment based on pregnancy in the workplace. We’ll let you know what evidence you’d need to sue your employer and whether you may expect compensation.Call 310-376-0922 or contact us online to talk to a pregnancy discrimination lawyer.