Legally, yes, you can sue a company that fails to hire you because you are pregnant. Under both state and federal law, employers must not discriminate against women because they are pregnant. That includes failing to hire them because of a pregnancy.
However, practically speaking, it can be difficult to win a case of pregnancy discrimination if you were not hired by a company. Although it is illegal to refuse to hire a woman because she is pregnant, most companies will manufacture other reasons why a woman was not hired, other than pregnancy, and it can be hard to disprove those excuses. The company may say she did not interview well, was not a good fit for the company, more qualified applicants were available, and similar excuses. If the company is a large company that routinely interviews pregnant women and refuses to hire them, and the company’s pattern can be proven, it can be easier to prove your case.
Other illegal situations involving pregnant women can be easier to prove. If an employer fires employees for becoming pregnant, that is illegal and the women can sue. Companies also cannot refuse to hire women of a certain age for fear they may become pregnant. Employers must also allow reasonable time off for doctors’ appointments. Also, employers have to offer maternity leave to their employees under certain circumstances, although it does not have to be paid maternity leave.
If you are pregnant and you believe your employer has violated your legal rights, you should speak with an attorney. If you’re in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. I will provide you with a free consultation on your case. Call to learn more.