I have worked for my company for 10 plus years. I worked my way up the ladder to become manager of my department, which I played a major part in building and have succesfully ran for the past 7 years. Recently, I took an approved 12-week family leave to deliver my second child.

When I returned I found out that my position had been given to the administrative assistant that I had trained to cover for me while I was out on leave. I was told that my new position was to work as a specialist under my trainee. The catch is that I was told my responsibility was to do all the hard work to make my new manager's job easier, because she didn't have as much knowledge on how to run the department. To make things more exciting, I lost my office and now I have a desk overlooking our lobby!

When I confronted executive management about this problem, I was told that with the newborn and my family it would be impossible for me to focus on my work and that I would not have time to run my department or travel for the company. (Prior to my leave I have never had to take any time off for family.) This was a shock to me because I was not included in the decision making process and I felt like I was being discriminated against for having a family. At least, I was able to keep my same salary, albeit with a reduced title and increased responsibilities.

I am interested in pursuing legal action on this matter and would appreciate any advice. Thank you for your time.

Assuming your employer has at least 50 employees (to be subject to FMLA) or at least 15 employees (to be subject to the federal PDA), you have a couple of avenues in which to go here. I see a possible violation of the federal Pregnancy Discrimination Act and also a possible FMLA violation. Here's a couple of websites you can check out.

http://www.eeoc.gov/facts/fs-preg.html (assuming inability for work)
http://www.dol.gov/esa/regs/compliance/whd/1421.htm (Job Restoration)

I'm sure that California has at least the same or more advantageous laws that might get you quicker action if you decide to sue.

But before we go too far, how many employees in your company? At your job location and within a 75-mile radius of your job location?

I see a possible violation of the federal Pregnancy Disability Act . . .

It's the Pregnancy Discrimination Act. It doesn't create any special rights for pregnant women. In your situation, your employer would be required to hold open a job for a "pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave."

However, it doesn't appear that your employer is discriminating against you because of your pregnancy, but because you now have a child. That could violate the sex discrimination prohibitions of Title VII, if your employer doesn't reassign men when they become fathers.

You should contact EEOC at 800-669-4000 or by email at info@ask.eeoc.gov about the possible violation of Title VII.

Oops, I knew that. :o I just edited it. :)

The california statute requires only 5 employees, but if you have 50 employees with 75 miles, CFRA provides even more protected.

I DO NOT recommend using the EEOC - California law is much more protective, and the administrative agency that enforces it, the Department of Fair Employment and Housing, is a better choice. You can also go directly to an attorney, if you prefer.

I have found that a well written letter quoting the pertinent points of law sent to management miraculously makes everything change to the way it should be without legal intervention.

Of course, this means you wouldn't be paid any damages or the like... but if you show the higher ups the law and the liability of their actions, most will correct it.

Thank you everyone for your input.
My company has about 35-40 employees.