Pregnancy Discrimination in California Workplaces: What Expecting Employees Need to Know

Despite legal protections, pregnancy discrimination in California continues to affect women and expecting parents across industries. Whether it’s being passed over for promotions, denied accommodations, or facing early termination, pregnant employees often face subtle forms of workplace bias that violate state and federal law. This guide outlines your rights under California law and what steps to take if you experience pregnancy discrimination.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably due to pregnancy, childbirth, or related medical conditions. Under California’s Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act (PDA), this behavior is explicitly prohibited.

Unlawful actions may include:

• Firing or demoting an employee after learning they are pregnant

• Denying reasonable accommodations for pregnancy-related conditions

• Refusing to hire someone because they are or may become pregnant

• Forcing a pregnant employee to take leave against her will

Importantly, California law applies to employers with five or more employees, which offers broader protection than federal law.

Protected Leaves and Accommodations

In California, pregnant employees are protected not only from discrimination but also have access to specific types of leave and accommodations, including:

1. Pregnancy Disability Leave (PDL)

Eligible employees may take up to four months of leave for disabilities related to pregnancy, childbirth, or related conditions. This is job-protected leave, meaning the employee must be reinstated to the same or comparable position afterward.

2. Reasonable Accommodations

Employers are required to provide accommodations for pregnancy-related conditions, such as:

• Modified duties

• More frequent breaks

• Temporary transfers to less strenuous positions

• Remote work if medically necessary

3. Family and Medical Leave (FMLA/CFRA)

Employees who qualify under the California Family Rights Act (CFRA) or the Federal Family and Medical Leave Act (FMLA) may take up to 12 additional weeks of job-protected leave for bonding with a new child, separate from PDL.

These leaves may be taken consecutively, allowing some employees to take nearly seven months of protected leave in total.

Common Signs of Pregnancy Discrimination

Many employees are unsure whether their treatment constitutes pregnancy discrimination. Red flags may include:

• Sudden changes in workload or exclusion from meetings

• Comments suggesting pregnancy makes you “less reliable”

• Being pressured to postpone or decline parental leave

• Termination shortly after revealing a pregnancy

Even well-meaning employers can cross legal lines by making assumptions about what a pregnant employee “can or cannot handle.”

How to File a Pregnancy Discrimination Complaint in California

If you suspect pregnancy discrimination:

1. Document Everything – Save emails, text messages, medical notes, and incident details.

2. File an Internal Complaint – Notify HR in writing to give your employer a chance to correct the issue.

3. File with the Civil Rights Department (CRD) – A formal complaint can be filed online. You typically have three years from the date of the discriminatory act.

4. Seek a Right-to-Sue Letter – This allows you to pursue legal action in court if mediation or investigation doesn’t resolve the issue.

Remedies for Pregnancy Discrimination

Victims of pregnancy discrimination in California may be entitled to:

• Back pay for lost wages

• Reinstatement to their prior role

• Damages for emotional distress

• Punitive damages in cases of egregious misconduct

• Legal fees and court costs

Additionally, courts can order systemic changes in the employer’s policies if widespread discrimination is found.

The Role of Legal Counsel

Pregnancy discrimination cases can involve overlapping legal frameworks (FEHA, FMLA, CFRA, ADA), making it advisable to consult a California employment attorney. Many attorneys handle such cases on contingency, meaning you pay nothing unless you win.

Final Thought

Pregnancy should be a time of preparation and excitement—not professional anxiety. California law is clear: employers must treat pregnant employees with fairness, respect, and accommodation. If your rights are being ignored, legal remedies exist to protect your job, your family, and your future.