Legal Question in Employment Law in California

Demotion due to pregnancy

Due to pregnancy, I have been given a lower paying job. I work in a warehouse, and now am in the office.


Asked on 1/21/04, 6:48 am

3 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: Demotion due to pregnancy

Discrimination on the basis of a pregnancy related health condition is unlawful. If the change in your position was based upon your pregnancy, you will have a claim for the lost wages and benefits as well as other damages. At this point, you should speak to an employment attorney to discuss a stratagy for your case. If you wish to discuss the case further, feel free to call me.

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Answered on 1/21/04, 4:42 pm
Terry A. Nelson Nelson & Lawless

Re: Demotion due to pregnancy

IF it is a temporary accommodation to your doctor's instructions or your request for less physically demanding duties, and this is the best suitable alternative job available, they may be within the rules, even if at lower salary that is what the new position pays. There is an argument they should be paying your old wage though. If you want an attorney to represent you in resolving the issue and demanding the pay, feel free to contact me.

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Answered on 1/21/04, 6:31 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Demotion due to pregnancy

Your employer appears to have violated the labor code. Call to discuss. We have several cases like this one, now pending.

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Answered on 1/22/04, 12:42 pm


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