What Is Pregnancy Discrimination?
Pregnancy discrimination refers to unfavorable treatment motivated by an employee’s pregnancy, childbirth, breastfeeding, or a related medical condition. Under California’s Fair Employment and Housing Act (FEHA), employers with five or more employees may not make employment decisions based on pregnancy, childbirth, or a related medical condition. These protections apply to decisions involving:- Hiring
- Firing
- Promotions
- Pay
- Job assignments
- Benefits
- Leave
- Workplace accommodations
Common Signs of Pregnancy Discrimination
Every situation is different, but some warning signs appear frequently, such as:- Being fired, demoted, or pressured to resign after announcing your pregnancy
- Being denied a promotion or desirable assignment despite strong performance
- Receiving negative evaluations that contradict your previous work history
- Being excluded from meetings, training, or important projects
- Having your work hours reduced because of your pregnancy
- Being denied reasonable pregnancy-related accommodations
- Experiencing negative changes after returning from pregnancy or bonding leave
How Do You Know If You Have a Pregnancy Discrimination Case?
Employers rarely admit that pregnancy influenced an employment decision. Instead, discrimination is often proven through documents, witness testimony, and the timing of workplace events. You may have a potential claim under California pregnancy discrimination law if you experienced an adverse employment action because of your pregnancy, childbirth, a related medical condition, or because you exercised your legal rights. Evidence that may support your claim includes:- Emails discussing your pregnancy
- Written accommodation requests
- Your employer’s responses
- Performance evaluations before and after your pregnancy announcement
- Text messages or internal communications
- Witness statements from coworkers
- A timeline showing how workplace treatment changed after your pregnancy
- Lost wages
- Lost benefits
- Reinstatement
- Compensation for emotional distress
- Other remedies available under California law
Understanding Your Pregnancy Employment Rights in California
California provides several overlapping legal protections for eligible employees during pregnancy, childbirth, and after the birth of a child.| Protection | What It Provides | Key Point |
| Pregnancy Disability Leave (PDL) | Up to four months of protected leave for pregnancy-related disability. | No minimum length of employment required. |
| Reasonable Accommodations | Workplace adjustments that allow employees to continue working safely. | Employers must generally engage in the interactive process. |
| California Family Rights Act (CFRA) | Up to 12 weeks of baby bonding leave for eligible employees. | May follow Pregnancy Disability Leave. |
| Anti-Retaliation Protections | Protection for using pregnancy-related rights. | Employers cannot retaliate for exercising protected rights. |
What It Provides: Up to four months of protected leave for pregnancy-related disability.
Key Point: No minimum length of employment required.
What It Provides: Workplace adjustments that allow employees to continue working safely.
Key Point: Employers must generally engage in the interactive process.
What It Provides: Up to 12 weeks of baby bonding leave for eligible employees.
Key Point: May follow Pregnancy Disability Leave.
What It Provides: Protection for using pregnancy-related rights.
Key Point: Employers cannot retaliate for exercising protected rights.
This table provides a general overview and is not legal advice.
Pregnancy Disability Leave
California’s pregnancy disability leave law allows eligible employees who are disabled by pregnancy, childbirth, or related medical conditions to take up to four months of protected leave.
A pregnancy-related disability may include:
- Severe morning sickness
- Doctor-ordered bed rest
- Prenatal complications
- Recovery after childbirth
Unlike many leave laws, pregnancy disability leave does not require a minimum period of employment before protections begin. Employees may take leave continuously or intermittently when medically necessary. During qualifying leave, employers generally continue group health coverage, and eligible employees typically have the right to return to their position afterward.
Pregnancy Accommodations
Many employees can continue working with reasonable accommodations. Depending on your medical restrictions, pregnancy accommodations in California may include:
- More frequent rest breaks
- Permission to sit while working
- Modified work schedules
- Temporary transfers to less strenuous duties
- Time off for prenatal appointments
- Temporary lifting restrictions
When a healthcare provider recommends a reasonable accommodation, employers must engage in the interactive process and provide an effective accommodation unless doing so would create an undue hardship.
For more information, learn how to request employer disability accommodations at work.
Baby Bonding Leave
After pregnancy disability leave ends, many employees may also qualify for additional leave under the California Family Rights Act (CFRA) to bond with a new child.
Pregnancy disability leave and CFRA leave often work together, allowing eligible employees to take protected leave for pregnancy-related disabilities and baby bonding.
You can learn more in our California pregnancy discrimination and child bonding guide. These protections aren’t limited to birth mothers—our guide to paternity rights in California explains the rights available to eligible fathers and partners.
Was It a Legitimate Business Decision or Pregnancy Discrimination?
Employers may still make legitimate business decisions, including layoffs, restructuring, and disciplinary action for documented performance problems, provided that pregnancy is not the reason for the action.
A decision is more likely to be lawful when it:
- Applies equally to pregnant and non-pregnant employees
- Is supported by documented performance issues that existed before the pregnancy
- Follows established company policies
- Is consistent with how similar employees are treated
A decision may indicate wrongful termination because of pregnancy when it:
- Closely follows your pregnancy announcement
- Occurs shortly after requesting leave or accommodations
- Contradicts years of positive performance reviews
- Treats similarly situated coworkers differently
- Is accompanied by comments about your pregnancy or future parenting responsibilities
One common concern involves employees who suddenly receive negative performance reviews or are placed on a Performance Improvement Plan after announcing a pregnancy. Although a PIP is not automatically unlawful, it can sometimes become part of a larger pattern of discrimination.
Retaliation Is Also Illegal
Pregnancy discrimination is not the only conduct California law prohibits. It also protects employees from retaliation for exercising their legal rights.
Employers cannot retaliate because an employee:
- Requested a pregnancy accommodation
- Took pregnancy disability leave
- Took protected family leave
- Reported discrimination
- Participated in an investigation regarding workplace discrimination
Retaliation for requesting or taking pregnancy disability or baby bonding leave is often referred to as maternity leave retaliation and may violate California law.
Retaliation may include:
- Demotion
- Reduced hours
- Lower pay
- Exclusion from projects
- Unwarranted discipline
- Termination
These protections are enforced through the California Civil Rights Department, while additional workplace protections are overseen by the California Labor Commissioner’s Office.
Contact a California Pregnancy Discrimination Lawyer
If you believe your pregnancy employment rights in California were violated, speaking with an employment lawyer can help you understand your legal options.
Manukyan Law Firm helps employees throughout California understand their rights under state and federal employment laws. If you believe you experienced pregnancy discrimination at work, contact our office for a free, confidential consultation.
FAQs
Can my employer deny pregnancy accommodations?
Generally, no. If your healthcare provider recommends a reasonable accommodation, your employer must engage in the interactive process and provide accommodations unless doing so would create an undue hardship for them.
What accommodations can I request during pregnancy?
Depending on your medical restrictions and job duties, accommodations may include more frequent breaks, permission to sit while working, modified schedules, temporary light-duty assignments, lifting restrictions, time off for prenatal appointments, or additional unpaid or protected leave.
Can my employer ignore my doctor’s pregnancy restrictions?
No. When your healthcare provider recommends work restrictions related to your pregnancy, your employer must consider those restrictions and engage in the interactive process to determine an appropriate accommodation. Ignoring medically supported restrictions may violate California law.
