PREGNANCY DISCRIMINATION LAWYER IN LOS ANGELES

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California Pregnancy Discrimination Lawyer

regnancy discrimination happens when an employer treats a worker unfavorably because of pregnancy, childbirth, or a related medical condition. California law provides some of the strongest protections in the country for pregnant employees, and workers who are fired, demoted, denied leave, or otherwise penalized may have important legal rights. If you believe your pregnancy played a role in how you were treated at work, the team at Blackstone Law may be able to help you understand your options.

What Is Pregnancy Discrimination Under California Law?

Pregnancy discrimination occurs when an employer treats a job applicant or employee unfavorably because of pregnancy, childbirth, or a related medical condition, such as gestational diabetes, postpartum depression, or complications requiring medical leave.

California provides protections that go substantially further than federal law. While Title VII of the Civil Rights Act covers employers with 15 or more employees, California’s FEHA covers employers with five or more employees (a significantly broader reach that protects many more California workers).

Under FEHA (Government Code § 12940 et seq.) and the Pregnancy Disability Leave Law (Government Code § 12945), California employers may not:

• Fire or lay off an employee because of pregnancy or a pregnancy-related condition
• Demote or reduce an employee’s pay, hours, or responsibilities because of pregnancy
• Deny a reasonable accommodation for pregnancy-related disabilities
• Refuse to grant Pregnancy Disability Leave (PDL) to eligible employees
• Retaliate against an employee who requests or takes PDL or pregnancy-related accommodation
• Refuse to reinstate an employee to the same or a comparable position after PDL
• Engage in harassment based on pregnancy or related conditions

California’s Key Pregnancy Protection Laws

1. The California Fair Employment and Housing Act (FEHA)

FEHA is California’s primary anti-discrimination statute. It prohibits employment discrimination based on pregnancy, childbirth, breastfeeding, and related medical conditions. FEHA applies to employers with five or more employees and protects both current employees and job applicants.

2. The Pregnancy Disability Leave Law (PDL)

California’s PDL (Government Code § 12945) requires employers with five or more employees to provide up to four months (approximately 17.3 weeks) of unpaid, job-protected leave for an employee disabled by pregnancy, childbirth, or a related condition. Key points:

• Leave must be provided regardless of how long the employee has worked for the company
• The employer must maintain health insurance during PDL under the same terms as before leave
• Upon return, the employee is generally entitled to reinstatement to the same position, or a comparable one if the original position no longer exists
• California Family Rights Act (CFRA) leave may be available in addition to PDL, potentially providing additional protected leave

3. California Family Rights Act (CFRA)

Upon eligibility, CFRA provides up to 12 weeks of protected leave for baby bonding, which can be taken after PDL ends. For eligible employees, PDL plus CFRA bonding leave may provide up to approximately 7 months of protected leave combined, one of the most generous protections for new parents in the country.

4. Lactation Accommodation Requirements

Under California Labor Code § 1030 to 1034, California employers of all sizes must provide reasonable break time and a private, non-bathroom space for lactation. Failure to provide lactation accommodation may be a separate violation.

How Pregnancy Discrimination Typically Appears

Pregnancy discrimination rarely comes with an explicit statement. Common forms include:

• Wrongful termination: Fired shortly after announcing pregnancy or taking maternity leave
• Demotion: Reassigned to a lower-paying or lower-responsibility role after pregnancy announcement
• Denied accommodation: Employer refuses a request for modified duties, reduced lifting, or schedule changes during pregnancy
• Leave denial: Employer denies or improperly cuts short PDL or CFRA leave
• Failure to reinstate: Employee is not returned to the same or comparable position after leave
• Harassment: Negative comments about pregnancy, maternity leave, or plans to have children
• Retaliation: Adverse action taken against an employee for requesting accommodation or leave
• Hostile workplace: Pattern of conduct creating an intimidating or offensive environment related to pregnancy

How Courts and Attorneys Evaluate Pregnancy Discrimination Claims

Building a successful pregnancy discrimination claim typically involves demonstrating:

1. Protected status: You were pregnant, recently gave birth, or had a pregnancy-related medical condition
2. Adverse employment action: Your employer took a negative action against you
3. Causal connection: There is a link between your protected status and the adverse action

Strong cases are typically built from:

• Timing: Was the adverse action taken shortly after you announced your pregnancy, requested leave, or returned from leave?
• Comparator evidence: Were similarly situated non-pregnant employees treated differently?
• Documentation: Emails, performance reviews, and written communications that contradict the employer’s stated reason
• Pretextual reasons: The employer’s given reason doesn’t hold up when examined (e.g., sudden “performance issues” with no prior documentation)
• Pattern of conduct: Prior comments about pregnancy, maternity leave, or family plans

Pregnancy Discrimination Statistics

According to the California Civil Rights Department (formerly DFEH), pregnancy discrimination claims consistently represent one of the most frequently filed categories of employment discrimination complaints in California. The EEOC receives thousands of pregnancy discrimination charges nationally each year; California employees may file with either the EEOC or the CRD. The EEOC has noted that pregnancy discrimination charges have remained elevated in recent years, particularly in industries with physical job requirements, including healthcare, retail, food service, and manufacturing.

What to Do If You Believe You’ve Experienced Pregnancy Discrimination

The following general information is for educational purposes only and does not constitute legal advice. Every situation is different.

1. Preserve documentation. Relevant emails, performance reviews, text messages, and written communications may be important. Avoid deleting anything related to your employment or your employer’s conduct.
2. Review your employer’s policies. Employee handbooks, leave policies, and accommodation request procedures may be relevant.
3. Note the timeline. Documenting the sequence of events, when you announced your pregnancy, when you requested leave, when adverse actions occurred, can be important context.
4. Understand the filing deadlines. Pregnancy discrimination claims under FEHA generally must be filed with the CRD within three years of the discriminatory act. Missing this deadline may affect your ability to pursue a claim.
5. Consult an employment attorney. An attorney experienced in California pregnancy discrimination law can evaluate the strength of your situation and advise on next steps before any deadlines pass.

Related practice areas: disability discrimination and sexual harassment claims sometimes overlap with pregnancy discrimination, depending on the facts of your situation.

Frequently Asked Questions: Pregnancy Discrimination in California

Can I be fired while I’m pregnant in California?

California law prohibits firing an employee because of pregnancy. However, employers may lawfully terminate employees for legitimate, documented, non-discriminatory reasons even during pregnancy. Whether a termination was discriminatory depends on the full circumstances, the timing, the documentation, the employer’s stated reason, and how similar employees were treated. An attorney can help evaluate whether your situation may give rise to a claim.

What is Pregnancy Disability Leave, and am I entitled to it?

California’s Pregnancy Disability Leave Law (PDLL) provides eligible employees with up to four months of unpaid, job-protected leave if they are disabled by pregnancy, childbirth, or a related medical condition. To be eligible, your employer must have at least five employees. Unlike CFRA, there is no minimum tenure requirement, you may be entitled to PDL on your first day of employment. The disability must be certified by a healthcare provider.

Does my employer have to give me a modified duty assignment during pregnancy?

California FEHA requires employers to provide reasonable accommodation for pregnancy-related disabilities when the employee requests it and the accommodation can be made without undue hardship to the employer. This may include temporary reassignment to light duty or modified tasks. Employers are not permitted to simply refuse without engaging in a good-faith interactive process.

What if my employer is refusing to let me take pregnancy leave?

If your employer is refusing to grant PDL or CFRA leave you may be entitled to, or is retaliating against you for requesting leave, you may have a legal claim. The California Civil Rights Department has jurisdiction to investigate and mediate these complaints, and you may also have a private right of action in court. Contacting an employment attorney as soon as possible is advisable given applicable deadlines.

Can I file a pregnancy discrimination claim if I was just hired?

Yes. California’s PDLL has no minimum length-of-service requirement for pregnancy disability leave. FEHA’s anti-discrimination protections apply from the start of employment and extend to job applicants. If you believe you were refused a job offer because of pregnancy, that may also constitute discrimination under FEHA.

How long do I have to file a pregnancy discrimination claim in California?

Following SB 807 (effective January 1, 2022), employees generally have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department. Filing with the CRD is generally required before you can pursue a lawsuit in court. Because deadlines and procedural requirements can be complex, consulting an attorney promptly is advisable.

What damages may be available in a pregnancy discrimination case?

California law may allow recovery of lost wages, lost future earnings, emotional distress damages, and in some cases punitive damages and attorney’s fees. The specific recovery in any case depends on the facts, the employer’s conduct, and the outcome of negotiations, mediation, or litigation. Every case is different.