Q: My pay raise post maternity break is less for no apparent performance issue. Is that something you can challenge. ?
On an average the merit raise is 3-4 %. I have had a 4.25 % in earlier years. But this time post maternity break it went down to 2.8%.
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- California
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A:
Under California law, it's important to consider whether the lower pay raise you received post maternity leave might be a form of discrimination. California is strict about ensuring equal treatment for employees, particularly in cases related to maternity leave.
If you suspect that your reduced raise is due to taking maternity leave, this could potentially be a violation of both state and federal laws, including the California Fair Employment and Housing Act (FEHA) and the Pregnancy Discrimination Act. These laws prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
You should start by reviewing your employer's policies and any documentation regarding performance reviews and raise criteria. It's also beneficial to gather information on how raises were determined for others in similar positions.
If the evidence suggests that your maternity leave might have influenced the decision regarding your raise, you may want to raise the issue with your HR department or a higher authority within your organization. They may offer a resolution or further explanation.
If the internal approach does not yield satisfactory results, you might consider seeking legal advice. An attorney with experience in employment law can help you understand your rights and options, including the possibility of a legal challenge if there is evidence of discrimination.
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