Pregnancy should be a time of excitement, not anxiety about your job. But for many women in California, announcing a pregnancy or requesting time off for childbirth leads to stress, mistreatment, or even termination.
In 2024, the U.S. Equal Employment Opportunity Commission (EEOC) reported 5,099 charges for pregnancy discrimination in California—about 5.8% of all claims filed with the organization.
If you’ve been treated unfairly at work because of your pregnancy, you have rights. The EEOC and California law protect against pregnancy discrimination and pregnancy-related disability discrimination, including unequal treatment, denial of accommodations, and interference with job-protected leave.
Knowing what qualifies as pregnancy discrimination, how to document it, and where to seek support can give you the power to take action and protect yourself.
What Is Pregnancy Discrimination?
Pregnancy discrimination happens when an employer treats someone unfairly because of pregnancy, childbirth, or related conditions. In California, both state and federal laws protect you, starting with the Fair Employment and Housing Act (FEHA).
FEHA makes it illegal for employers to discriminate based on pregnancy, childbirth, or related medical conditions. Federal law offers similar protection through the Pregnancy Discrimination Act, which is part of Title VII of the Civil Rights Act.
Some forms of discrimination are obvious. Others are more subtle but just as harmful. You may experience:
- Demotion after disclosing your pregnancy.
- Denied or inadequate accommodations, such as more frequent breaks or modified duties.
- Termination shortly after your pregnancy becomes known.
- Pregnancy-related harassment or offensive comments about your condition, abilities, or leave plans
Even if your employer says it’s about performance or “business needs,” a difference in how they treat you after a pregnancy announcement may signal something more.
Legal Protections for Pregnant Workers in California
California offers several pregnancy workplace rights, and different laws may apply to your situation depending on your job, how long you’ve worked there, and your needs during pregnancy or postpartum recovery.
Here’s an overview of the state’s legal protections:
| Law | What it Provides | Examples |
|---|---|---|
|
California Family Rights Act (CFRA) |
Offers qualified employees up to 12 weeks of unpaid leave to care for a new child or manage a serious health condition. This includes bonding time after birth or adoption. |
Refusing to reinstate you to your position after parental leave. |
|
Pregnancy Disability Leave (PDL) |
Allows you to take up to 4 months off if you’re disabled by pregnancy, childbirth, or related conditions. |
Firing you after requesting time off for complications related to a pregnancy-related disability. |
|
Family and Medical Leave Act (FMLA) |
Provides up to 12 weeks of job-protected leave but applies only under federal law. |
Reducing your hours or giving you negative performance reviews after you return from leave. |
|
Reasonable Accommodations Under the FEHA |
Requires employers to provide accommodations for pregnancy-related needs. |
Denying requests to limit lifting, postpone travel, or work remotely during a high-risk pregnancy. |
Knowing your rights helps you recognize when something’s wrong. But if you want to hold your employer accountable, the next step is proving that pregnancy or maternity discrimination took place.
How To Prove Pregnancy Discrimination
If you’re dealing with pregnancy discrimination at work, the most effective thing you can do is build a detailed record. Employers rarely admit to unfair treatment, so you’ll need to show patterns—what changed, when it happened, and how it connects to your pregnancy or leave.
Here are the steps to take:
Save Written Records of Communication
Keep emails, texts, chat messages, and meeting summaries, especially those involving your pregnancy, job duties, requests for leave, or any complaints you’ve made.
Look for signs that your employer’s tone or expectations have shifted after you share your news.
Track Job Duty Changes or Schedule Shifts
Write down any changes in how you’re assigned tasks, the scheduled hours, or the resources you’re given. If you’ve been removed from key responsibilities, switched to less visible work, or asked to take on duties that weren’t expected before, note exactly what changed and when.
Document Inappropriate Comments or Behavior
Record remarks from managers or coworkers related to your pregnancy—even ones they claim are “jokes.” Comments like “Are you sure you’ll come back after leave?” or “We need someone who can keep up” can show underlying bias.
Write down what was said, who said it, and when it happened.
List Coworkers for Comparison
Think of employees with similar roles and responsibilities; when possible, focus on those who aren’t pregnant. If they made mistakes, took leave, or requested flexibility and weren’t penalized, that contrast can help support your claim.
Keep notes on their treatment to show how your experience differed.
Create a Clear Timeline of Events
Build a running log starting with the date you informed your employer about your pregnancy. Include key events like performance reviews, leave requests, job changes, complaints, and disciplinary actions.
A well-organized timeline helps connect your pregnancy to how you were treated, and can make it easier for a skilled California employment lawyer to investigate.
Gathering this information puts you in a stronger position to speak up, but you have a limited window to act. You have only 300 days to file with the EEOC and 3 years with California’s Civil Rights Department (CRD).
If you suspect retaliation, don’t wait. Document it clearly and connect it to your pregnancy or leave request while the details are fresh.
Legal Options and Filing a Claim
If you believe you’ve been discriminated against, you have the right to take legal action, starting with filing a charge. In California, most pregnancy discrimination claims are filed through one of two agencies:
- Submit a complaint to the CRD (California Civil Rights Department)
- File a charge with the EEOC (Equal Employment Opportunity Commission)
These agencies often work together, so you typically only need to file with one. Filing a complaint can trigger:
- An official investigation into your claim.
- A mediation process to help reach a resolution.
- A Notice of Right to Sue, which allows you to move forward in court.
While the process offers multiple paths toward justice, it can be complicated, and the outcome often depends on how well your experience is documented and explained. Connecting with an experienced workplace discrimination lawyer can help present your account clearly, organize evidence, and communicate with the agency reviewing your claim.
How an Employment Lawyer Can Help
Discrimination can be isolating. An experienced employment lawyer knows the law and understands the emotions behind these cases.
Many pregnant workers wait too long to act because they feel overwhelmed or afraid. But getting support early can help protect your rights and options.
A lawyer can:
- Evaluate your case and help determine whether you have a strong claim.
- Gather and organize evidence that supports your case.
- Protect you from pregnancy retaliation, which is illegal under both state and federal law.
- Negotiate with your employer for a fair settlement, or represent your case in court if needed.
Most importantly, a lawyer becomes your advocate. They handle communication, protect your rights, and push your claim forward while you focus on your health and family.
Get Qualified Legal Help for Your Pregnancy Discrimination Case
If you’re pregnant or recently had a baby and feel like something changed at work because of it, you don’t have to accept it. California law protects your right to work without discrimination, but you need information, support, and sometimes legal action to enforce those rights.
You don’t have to face this alone. Contact Manukyan Law Firm today for a free, confidential consultation, and let’s discuss how we can help you move forward.
