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 (as amended by the Pregnancy Discrimination Act) covers employers with 15 or more employees, California’s FEHA covers employers with five or more employees for most discrimination, accommodation, and leave protections — 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 not just current employees but also job applicants.

2. The Pregnancy Disability Leave Law (PDLL)

California’s PDLL (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)

CFRA provides up to 12 weeks of protected leave for baby bonding, which can be taken after PDL ends. For eligible employees, PDL + 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 § 1030–1034, 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. Employers with fewer than 50 employees may qualify for a limited undue-hardship exemption from certain requirements but must still make reasonable efforts to provide an appropriate space.

How Pregnancy Discrimination Typically Appears

Pregnancy discrimination rarely comes with an explicit statement. Most claims are built from patterns of conduct, timing, and documentation. Common forms include:

How Courts and Attorneys Evaluate Pregnancy Discrimination Claims

Building a successful pregnancy discrimination claim typically involves demonstrating:

• Protected status — You were pregnant, recently gave birth, or had a pregnancy-related medical condition.
• Adverse employment action — Your employer took a negative action against you (termination, demotion, denial of leave, etc.).
• Causal connection — There is a link between your protected status and the adverse action.

The causal connection is often the most contested element. Employers rarely state that a pregnancy motivated a decision. 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 for the adverse action
• 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

Pregnancy discrimination remains one of the most commonly reported forms of workplace discrimination in California and nationwide. In 2024, California’s Civil Rights Department (CRD) received 2,149 right-to-sue requests citing pregnancy, childbirth, breastfeeding, or related medical conditions — plus 210 additional complaints accepted for full investigation.¹ At the federal level, the Equal Employment Opportunity Commission (EEOC) received 2,966 Title VII sex/pregnancy-based charges in fiscal year 2023, a 30% increase from 2,273 the prior year.² Pregnancy discrimination charges have remained elevated in recent years, and California employees may file with either the CRD or the EEOC depending on their circumstances.

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, and the appropriate steps depend on your specific circumstances.

1. Preserve documentation that you lawfully possess. 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 to understanding what your employer was required to do.
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 for any future claim.
4. Understand the filing deadlines. Pregnancy discrimination claims under FEHA generally must be filed with California’s Civil Rights Department (CRD) within three years of the discriminatory act (following AB 9, effective January 1, 2020). 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, identify the appropriate legal theory, and advise on next steps before any deadlines pass.

Frequently Asked Questions

Why Legal Representation Matters in Pregnancy Discrimination Cases

Pregnancy discrimination claims involve complex procedural requirements, tight deadlines, and sophisticated employer defenses. Employers and their legal teams are experienced at offering alternative explanations for adverse actions.

Attorneys who regularly handle pregnancy discrimination claims understand how to investigate employer conduct, gather and preserve evidence, engage in settlement negotiations, and, when necessary, litigate effectively before the California Civil Rights Department or in California Superior Court.

At Blackstone Law, our employment law team has experience representing California workers in pregnancy discrimination, wrongful termination, and FEHA claims. We handle employment cases on a contingency basis — meaning you don’t pay unless we win. If there is no recovery, you owe nothing in attorney fees or costs.