In a sex discrimination context, which appears to be the core issue of your claim, because you are effectively claiming that the employer is treating you differently based upon your desire to have bonding time with your newborn child, the requirement is to show that the employer has created a "hostile environment," where the sexual conduct had the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. See Meritor Sav. Bank, FSB v. Vinson (1986) 477 U.S. 57, 65, 106 S.Ct. 2399, 2404-2405.
In California, the California Supreme Court has defined FEHA "harassment" as "conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives." Reno v. Baird (1998) 18 Cal.4th 640, 645, 76 Cal.Rptr.2d 499, 502.
As with any discrimination claim, the difficulty is proving the case -- because frequently once the claim is made, witnesses who were prepared to come to the assistance of the discriminated employee, suddenly can't recall anything, principally due to their feer of being terminated from employment.
That said, your stated facts, definitely suggest a sex harassment claim, and under federal law 29 CFR 1604.11, the employer is required
to investigate, or it may be subject to automatic liability, even if no sex harassment is ever proved.
Thus, assuming that you wrote HR and it did nothing to investigate, you may have a claim, even if you never had a claim (if you take my meaning).
To file a claim of employment discrimination, see this link
. You can also hire a private employment rights attorney to sue and to assist you with the claim filing. See this link.
Hope this helps.
And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!