Pregnancy Discrimination

It is illegal in California to fire, demote, or treat an employee worse because she is pregnant, recovering from childbirth, or breastfeeding. If your job changed after you announced a pregnancy or took leave, a pregnancy discrimination lawyer can help you understand your rights.

Smith Trial Group represents employees across Orange County and Southern California in pregnancy discrimination and leave violation cases. Consultations are free and confidential, and we work on contingency.

On this page: Your rights · Pregnancy and bonding leave · Warning signs · FAQ

Your Rights as a Pregnant Employee

Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees may not discriminate based on pregnancy, childbirth, breastfeeding, or related medical conditions. Your employer must also:

• Reasonably accommodate pregnancy-related limitations, such as lifting restrictions, more frequent breaks, a modified schedule, or a temporary transfer to a less strenuous position
• Provide lactation accommodations, including reasonable break time and a private space other than a bathroom
• Not retaliate against you for requesting leave or accommodations

Federal law adds protections too, including the Pregnant Workers Fairness Act for employers with 15 or more employees.

Pregnancy Disability Leave and Bonding Leave

California provides two separate types of job-protected leave, and they can be combined:

• Pregnancy Disability Leave (PDL): up to four months of leave when you are disabled by pregnancy, childbirth, or a related condition, including prenatal complications and postpartum recovery.
• Bonding leave under the California Family Rights Act (CFRA): up to 12 weeks to bond with a new child, available to eligible employees of employers with five or more employees.

Used together, many employees are entitled to roughly seven months of protected leave. When leave ends, you generally have the right to return to the same or a comparable position.

Warning Signs of Pregnancy Discrimination

• Your hours, responsibilities, or territory are cut after you announce your pregnancy
• You are suddenly written up for performance after years of good reviews
• Your position is “eliminated” while you are on leave, and someone else is doing your job
• Your manager asks about your plans to have more children or questions your commitment
• Your accommodation request is denied or ignored
• You are pressured to take leave you did not request

What a Pregnancy Discrimination Lawyer Can Recover for You

Remedies can include lost wages and benefits, reinstatement, emotional distress damages, punitive damages in appropriate cases, and attorney’s fees. Our results include a $250,000 settlement in a pregnancy discrimination and wrongful termination case. See also medical leave rights and wrongful termination.

Helpful resources: California Civil Rights Department · EEOC: Pregnant Workers Fairness Act

Reasonable Accommodation During Pregnancy

California requires employers with five or more employees to provide reasonable accommodations for conditions related to pregnancy, childbirth or related medical conditions when a health care provider advises them. Examples include modified duties, more frequent breaks, temporary transfer to a less strenuous or hazardous position, and schedule changes. The federal Pregnant Workers Fairness Act also requires covered employers to provide reasonable accommodations for known limitations related to pregnancy. Employers cannot force you to take leave if a reasonable accommodation would allow you to keep working.

Lactation Rights After You Return

California law requires employers to provide reasonable break time and a private space, other than a bathroom, to express milk, close to the employee’s work area, with access to a sink and a refrigerator or cooling device under the law’s requirements. Employers must have a written lactation policy, and it is illegal to retaliate against an employee for requesting lactation accommodation.

Common Patterns in Pregnancy Cases

• A strong performance record followed by sudden criticism after announcing a pregnancy.
• Being removed from projects, clients or promotion tracks “to reduce stress.”
• Termination during or shortly after leave, often labeled a “restructuring” or “position elimination.”
• Comments about commitment, childcare or “whether you will come back.”
• Being replaced by the person who covered your role during leave.

Deadlines

Pregnancy discrimination and leave claims under FEHA generally require a complaint with the California Civil Rights Department within three years. Federal claims require an EEOC charge, generally within 300 days in California. See medical leave violations and fired for taking medical leave.

Frequently Asked Questions

Do I have to tell my employer I am pregnant?

No, not until you need leave or an accommodation. Once your employer knows, the law’s protections apply.

My employer has fewer than five employees. Am I protected?

The FEHA and CFRA protections discussed here apply to employers with five or more employees. Other protections may still apply, so a consultation is worthwhile.

Can my employer replace me while I am on maternity leave?

Your employer can arrange temporary coverage, but it generally must return you to your same or a comparable job when your protected leave ends.

Related guides: Can I be fired for taking medical leave? · How long do I have to sue my employer?