I live in California. I have worked for my employer for over 1 year and I am now pregnant. I was just notified by my employer that I was removed from my management position to an assitant manager job. They did not mention anything about having my pregnancy to do with the decision. Can they do that? Is this legal?

So long as the reason for downgrading you wasn't your pregnancy, yes it is legal.

How can my employer prove that their decision was not based upon my pregnancy?

You have it backwards. You would have to prove that it was based on your pregnancy. Being pregnant doesn't insulate you from anything. Why do you think your pregnancy was the real reason? What reason were you given for the change?

Flip that statement. If you file a complaint can you prove that it was?

Does the employer have a history of demoting after pregnancy?

I was told that my performance did not meet their expectation. That was the only reason for the downgrading.

did they give that to you in writing or just tell you? any witnesses? do you know others who have been let go that were pregnant or just came back from pregnancy leave?

Sounds like an E.P.A-P.D.A violation to me contact an attorney.
JoeC

the company has never let go or demoted a pregnant employee before. as matter of fact, there was an employee worked here throughout her pregnancy with no change to her position what so ever. but at the end she quit because she wanted to stay with her baby and her husband makes good money so she didn't have to work no more. my boss did give me a letter regarding the job change. the only thing they memtioned is that my performance did not meet the company's expectation.

The fact that other pregnant employees have not been demoted or terminated makes it less likely that your pregnancy was the cause. Demoting you for performance reasons is not illegal; demoting you because you are pregnant would be.

the company has never let go or demoted a pregnant employee before. as matter of fact, there was an employee worked here throughout her pregnancy with no change to her position what so ever. but at the end she quit because she wanted to stay with her baby and her husband makes good money so she didn't have to work no more. my boss did give me a letter regarding the job change. the only thing they memtioned is that my performance did not meet the company's expectation.

If you feel you have been discriminated against, see if you have others that will corraborate your position, perhaps something was said, overheard etc. If so, an attorney may be able to assist you in gathering declarations from these witnesses. Also, you may check to see if other claims have been filed over the years for this type of thing. A pattern is helpful.