Discrimination
California Pregnancy Discrimination Lawyers
If your hours were cut, your duties changed, or your job “restructured” after you announced, or if you were let go on or right after maternity leave, California law stacks several protections in your favor.
Here is the whole picture on one timeline. Phone or video, no office visit needed.
Your Rights Stack: Five Laws Protect Pregnant Employees in California
- 1. The discrimination ban under California’s Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, at Government Code 12940(a). “Sex” includes pregnancy, childbirth, breastfeeding and related medical conditions under Government Code 12926(r). Treating you worse because you are pregnant is illegal.
- 2. Pregnancy Disability Leave, Government Code 12945. Up to four months of job-protected leave per pregnancy, at employers with five or more employees, with no minimum tenure. This is the number competitors bury. You are eligible from day one.
- 3. CFRA baby bonding. Twelve additional weeks after PDL ends, for employees with 12 months of tenure and 1,250 hours worked, at employers with five or more employees. PDL and CFRA stack, up to roughly seven months combined.
- 4. Lactation accommodation, Labor Code 1030 to 1034. Break time and a private space that is not a bathroom.
- 5. The federal PWFA (2023). Applies to employers with 15 or more. A backup here, because FEHA is the stronger route in California.
Accommodation and Transfer Rights While Pregnant
Under Government Code section 12945(a)(3) you are entitled to reasonable accommodation for pregnancy-related conditions on your provider’s advice: a stool, water, lifting limits, schedule changes, more frequent bathroom breaks.
You also have a transfer right to a less strenuous or hazardous position when medically advised and it can be reasonably accommodated.
Morning sickness, ordered bed rest and prenatal appointments all count, and PDL can be taken intermittently.
The Firing Patterns We See
- You announce, then are terminated for sudden “performance issues.”
- Your position is “eliminated” during maternity leave while your replacement stays on.
- “We need someone reliable” comments.
- You are denied return to the same or a comparable position after PDL.
- Your hours are cut to pressure a resignation. See constructive discharge.
After PDL, the employer must return you to the same position, with only narrow exceptions the employer has to prove.
Proving It
- Line up the announcement date against the adverse-action date, in writing.
- Compare performance reviews from before your announcement with those after.
- Track who absorbed your duties, who was hired, and when.
- Save manager comments in texts and meeting notes, with witness names.
- Keep all leave paperwork, and any pressure to shorten your leave.
Employer Defenses, and Our Counters
“Restructuring”
We counter with the timing and the replacement’s start date.
“She Abandoned Her Job”
We counter with the leave-designation paperwork the employer was required to complete and skipped.
“We Are Too Small”
The five-employee threshold covers most employers, and lactation duties reach nearly all of them.
What Is a Pregnancy Discrimination Case Worth?
Damages include wage loss, lost benefits including health coverage during pregnancy, uncapped emotional distress damages, punitive exposure, and attorney’s fees under Government Code section 12965. Juries respond strongly to these facts.
We never promise an outcome. The pregnancy-specific settlement guide is not built yet, so illustrative ranges live on the general discrimination page for now.
Deadlines
Generally three years to file with the Civil Rights Department, the state agency that handles discrimination complaints, and one year from the right to sue letter to file suit.
The clock keeps running even through a hard postpartum stretch. Please do not let it lapse.
What to Do Right Now
- If you have not been fired yet, confirm your announcement in writing.
- Save reviews, schedules, and every message about your pregnancy or leave.
- Get your accommodation needs into a doctor’s note.
- Do not sign a severance offer during leave without a review. See severance review.
Frequently Asked Questions
Can My Employer Fire Me While I Am Pregnant?
Pregnancy is not a shield against every firing, but firing you because of pregnancy is illegal, and timing is strong evidence.
How Long Is Maternity Leave in California?
Up to four months of PDL plus twelve weeks of CFRA baby bonding, roughly seven months combined when both apply.
I was laid off while on maternity leave. Is that legal?
Leave does not block a genuine layoff, but selection that targets leave-takers is illegal. The evidence is in the timing and who was kept.
Do I Get My Exact Job Back After Leave?
You have a right to the same or a comparable position, subject to narrow employer exceptions.
Can They Cut My Hours or Change My Duties After I Announce?
That can be an adverse action, and pressure to quit can be constructive discharge. See constructive discharge.
My employer has 8 employees. Am I covered?
Yes. The five-employee threshold applies to FEHA and to PDL.
Employment Law Resources
- California Civil Rights Department, pregnancy leave and accommodation: calcivilrights.ca.gov
- Government Code 12945, Pregnancy Disability Leave: leginfo
- California Labor Commissioner, lactation accommodation under Labor Code 1030 to 1034: dir.ca.gov
- U.S. EEOC, the Pregnant Employees Fairness Act: eeoc.gov
Tell Us What Happened
One business day for a response. You pay nothing unless we win.