Pregnancy should be a time of excitement, not anxiety over how you’ll be treated at work. Yet each year, nearly 2.8 million pregnant women in the U.S. continue working while expecting, and far too many face discrimination instead of support. What should be a joyful chapter often turns into a stressful fight to protect their rights, health, and livelihood.
About 1 in 5 pregnant workers report being mistreated on the job, and 1 in 4 have considered quitting their jobs due to fears of discrimination. In California, 150 pregnancy-related complaints were filed with the EEOC in 2024.
California has some of the strongest pregnancy protections in the country, but many workers don’t realize when those rights are being violated. If you’ve faced unfair treatment because of pregnancy, childbirth, or a related condition, you could have legal options.
Learn what legally counts as illegal pregnancy treatment at work in California, and what to do if it happens to you.
Legal Definition of Pregnancy Discrimination
Pregnancy-related mistreatment in the workplace can show up in many ways—from biased hiring decisions to reduced hours or denied promotions. California law takes these actions seriously, especially when they result from pregnancy, childbirth, or health conditions connected to either.
Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) is the main law that addresses pregnancy discrimination in California. It covers employers with five or more employees and protects workers before, during, and after pregnancy.
Pregnancy accommodation laws in California give you the right to:
- Reasonable adjustments to your job duties, schedule, or workload, such as light duty assignments, extra breaks, or time off for pregnancy-related needs.
- Up to 12 weeks of job-protected leave to bond with your new child.
- Freedom from retaliation, including demotion or reduced hours, for requesting accommodations or taking leave.
FEHA also bars discrimination based on assumptions, including unfair treatment because your employer thinks you might become pregnant.
Federal Protections
Several federal laws support fair treatment for workers affected by pregnancy. These apply to most employers with 15 or more employees:
- Title VII. Prohibits discrimination based on sex, which includes pregnancy and related conditions.
- Pregnancy Discrimination Act (PDA). Requires employers to treat pregnancy-related limitations the same as any other short-term condition.
- Pregnant Workers Fairness Act (PWFA). Passed in 2022, this law gives pregnant employees the right to reasonable accommodations unless it causes significant difficulty or cost to the employer.
These laws complement California’s stronger protections and give employees additional ways to take action when they face unfair treatment.
Common Examples of Pregnancy Discrimination at Work
Workplace discrimination against pregnant employees can surface as subtle bias or outright mistreatment.
Common workplace behaviors that may violate California or federal law:
| Discriminatory Action | Example |
| Fired for Being Pregnant | You share your pregnancy news with your boss, and a few days later, you’re told your role is no longer needed. |
| Denied Promotion or Raise | After months of strong reviews, you’re passed over for a promotion with the excuse that they want someone fully available. |
| Forced to Take Leave | Even though your doctor says you can keep working, your employer insists you go on leave for safety reasons. |
| Refused Accommodations | You request a stool to sit during long shifts or more frequent breaks, but your manager shrugs it off or tells you to tough it out. |
| Harassed or Isolated | Coworkers joke about your ability to keep up, or stop inviting you to team lunches or meetings once they hear you’re expecting. |
| Punished for Speaking Up | After asking for accommodations, you’re written up for minor issues that were never a problem before. |
| Excluded From Opportunities | You’re removed from a key client account and told it’s because you’ll be distracted in the coming months. |
| Cut Hours or Reassigned | Without discussion, your hours are reduced, and you’re moved to a back-office role once your pregnancy becomes visible. |
Whether sudden or subtle, these actions can amount to a pattern of pregnancy discrimination. However, some situations may feel unfair but don’t always meet the legal definition under state or federal law.
What Doesn’t Count? (Gray Areas and Misconceptions)
Not every negative experience at work qualifies as unlawful discrimination. The following situations may raise concerns, but don’t automatically violate the law:
- Company-wide layoffs or closures. If your employer reduces staff across departments and does not base the action on pregnancy status, the action may be lawful, even if it affects you while pregnant.
- Discipline based on documented performance issues. Employers can address existing performance issues—like frequent tardiness or missed deadlines—if those problems were documented before the pregnancy started.
- Denial of accommodations that would cause undue hardship. An employer can legally refuse changes that involve significant expense, disrupt business operations, or create safety concerns, but they must provide a specific reason.
It’s not always easy to tell when your rights have been violated. An experienced pregnancy discrimination attorney can evaluate your situation, identify unlawful treatment, and explain your legal options.
What To Do if You Suspect Discrimination
If you notice signs of pregnancy discrimination, taking early action can protect your rights and help you document what’s happening in case legal action becomes necessary.
Follow these steps:
Keep Documentation
Create a detailed record of every incident, such as:
- Emails or texts related to leave, hours, or assignments
- Notes from conversations with your manager or HR
- Copies of any write-ups or performance reviews
Record dates, people involved, and what was said. Even informal comments can be helpful later.
Talk to HR (If Safe To Do So)
If you feel comfortable, report the issue in writing to your HR department. Be specific about what happened, when, and who was involved. Ask whether accommodations are available and keep a copy of all communication.
While not required, this step can create a formal record that may support your claim later.
File a Complaint With the DFEH or EEOC
You can file a formal complaint with either the California Civil Rights Department (CRD) or the U.S. EEOC to report the discrimination and begin an investigation.
Keep in mind:
- CRD: You have up to three years from the date of the incident to file.
- EEOC: You have 300 days from the date of the discriminatory act.
Both agencies allow you to start the process online. If they find evidence of discrimination, they may help negotiate a settlement, push for changes to your employer’s policies, or even file a lawsuit on your behalf.
Contact an Employment Lawyer
Speak to a qualified attorney about your situation. They can help you:
- Evaluate whether your situation qualifies as pregnancy discrimination
- File with the right agency and meet critical deadlines
- Negotiate a resolution or take legal action if needed
If something doesn’t feel right, don’t brush it off—trust your instincts and seek legal advice. Reaching out early and keeping detailed records can make a difference in helping your attorney evaluate your case and build a strong claim.
Manukyan Law Firm Can Help
At Manukyan Law Firm, we have extensive experience handling employment discrimination cases, including pregnancy discrimination claims across California. We’ve helped clients hold employers accountable for illegal treatment in the workplace and understand how isolating and stressful it can feel, especially during such a deeply personal time.
Our team works closely with you to document the facts, build a clear timeline, and fight for the outcome you deserve. We pursue compensation for lost income and emotional distress and, when possible, push for policy changes to help protect others in the future.
Contact us today for a free, confidential case review. We’re ready to help protect your career, peace of mind, and future.
