Pregnancy discrimination remains a documented, ongoing workplace problem across California and the country. If you’ve been treated differently at work because of a pregnancy, a related medical condition, a request for accommodation, or protected leave, you may have legal rights under multiple federal and state laws. Those rights are specific and enforceable, and California’s protections go further than what federal law alone requires.
Kirtland & Packard has represented Southern California employees in employment discrimination cases since the 1930s. The right time to speak with an attorney is before you make any decisions about your job.
What Is Pregnancy Discrimination?
Pregnancy discrimination is the adverse treatment of an employee or job applicant based on pregnancy, childbirth, or a related medical condition. It is a form of sex discrimination under both federal and California law. It can happen during hiring, during pregnancy, after returning from leave, or when an employee requests an accommodation.
The protected category is broad. Related medical conditions include fertility treatments, prenatal complications, postpartum conditions, lactation, and miscarriage.
Common Examples of Pregnancy Discrimination at Work
Pregnancy discrimination doesn’t always look like an outright termination. It takes many forms.
Refusing to Hire or Promote Someone Because They Are Pregnant
Employers cannot factor pregnancy into hiring, promotion, or job assignment decisions. Assumptions about availability, future leave needs, or commitment to the role are legally impermissible if they drive an adverse decision.
Firing, Demoting, or Reducing Hours After Pregnancy Disclosure
Schedule cuts, reduced responsibilities, reassignment to less desirable roles, or being placed on forced, unpaid leave when you can still work may all support a claim. Adverse actions that follow shortly after a pregnancy announcement are among the most frequently litigated scenarios in California employment law.
Denying Reasonable Accommodations
Employers who refuse to engage with a reasonable accommodation request or deny one without a legitimate justification may be violating both federal and California law.
Harassment or Hostile Work Environment
Repeated offensive comments, pressure to resign, exclusion from opportunities, or a pattern of negative remarks can constitute pregnancy-based harassment.
Retaliation for Requesting Leave or Accommodations
Retaliation is a separate legal violation. Discipline, demotion, a negative performance review, or termination after asserting your rights can support a retaliation claim independent of the underlying discrimination.
Which Laws Protect Pregnant Workers?
Multiple laws layer on top of each other to protect pregnant employees. California workers benefit from whichever framework provides the stronger protection.
Pregnancy Discrimination Act
The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees.
According to the U.S. Equal Employment Opportunity Commission, it covers hiring, firing, pay, promotion, job assignments, and benefits.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. Under the PWFA, employers with 15 or more employees must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation causes undue hardship.
As confirmed by EEOC guidance, employers cannot force an employee onto leave if another reasonable accommodation is available and cannot retaliate against employees for requesting one.
Family and Medical Leave Protections
Eligible employees may have rights to job-protected leave under the federal Family and Medical Leave Act (FMLA). FMLA applies to employers with 50 or more employees and requires at least 12 months of employment and 1,250 hours worked in the prior year.
California State Protections
California’s protections apply to employers with as few as five employees and are broader than federal law in nearly every respect.
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Law |
Key Protection |
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Prohibits discrimination, harassment, and retaliation based on pregnancy; applies to employers with 5+ employees |
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Pregnancy Disability Leave (PDL) |
Up to four months of job-protected leave for pregnancy-related disability; no minimum tenure required |
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California Family Rights Act (CFRA) |
Up to 12 weeks of bonding leave after PDL ends; the two run consecutively, not concurrently |
California employees who qualify for both PDL and CFRA can take up to approximately seven months of combined job-protected leave.
Reasonable Accommodations for Pregnancy
A reasonable accommodation is any modification to a job, schedule, or work environment that allows an employee to continue working despite a pregnancy-related limitation. Employers must engage in an interactive process to identify what’s needed.
Common accommodations include:
- More frequent or longer breaks to rest, eat, or use the restroom
- Temporary transfer to lighter or less physically demanding duties
- Modified lifting requirements
- Seating or the ability to alternate sitting and standing
- Schedule adjustments, reduced hours, or a later start time
- Time off for prenatal appointments
- Uniform or safety equipment adjustments
- Lactation accommodations
What Should You Do If You Experience Pregnancy Discrimination?
Acting quickly matters. Deadlines apply.
Document What Happened
Keep a detailed written record of every incident: dates, what was said or done, who was present, and how it affected your employment. Save emails, performance reviews, schedule changes, and any accommodation requests or denials. Notes written close to the time of the incident carry more evidentiary weight than those written weeks later.
Review Workplace Policies
Review your employee handbook, leave policies, and internal complaint procedures. Understanding your employer’s policies can show whether they deviated from their stated practices.
Make Requests in Writing
Send accommodation and leave requests by email, even if you’ve already had a verbal conversation. Written requests create a timestamped record of what you asked for and how your employer responded.
Report the Issue Internally
Use your employer’s designated reporting channel: HR, a supervisor not involved in the conduct, or an employee relations team. Reporting internally is often a required step before filing an external complaint.
Speak With an Employment Attorney
Before accepting any outcome from an internal process, or if your employer retaliates after you raise concerns, speak with an attorney. Kirtland & Packard handles employment discrimination claims across Southern California. Deadlines to file are strict.
Under FEHA, claims must generally be filed with the California Civil Rights Department within three years. Federal EEOC charges in California typically must be filed within 300 days. Missing either deadline can permanently bar recovery.
What Employers Are Not Allowed to Do
- Refuse to hire someone because they are or may become pregnant
- Force a pregnant employee onto leave if they can still work
- Deny an accommodation request without engaging in the interactive process
- Treat pregnancy-related limitations worse than comparable non-pregnancy medical limitations
- Retaliate against an employee for requesting leave, accommodations, or reporting discrimination
- Make assumptions about a pregnant employee’s commitment or future availability
When Pregnancy Discrimination May Become a Legal Claim
A claim may arise when an employee suffers an adverse employment action connected to pregnancy, a related medical condition, an accommodation request, or protected leave. Timing is often critical. An adverse action that follows shortly after a pregnancy announcement or leave request can be evidence of discriminatory intent. Documentation, email records, and statements by supervisors frequently form the foundation of these claims.
Conclusion
Pregnancy discrimination is illegal, documented, and still common. The EEOC received 81,055 new discrimination charges in fiscal year 2023, a 10% increase over the prior year, with pregnancy-related claims contributing to that number. California employees have some of the strongest workplace protections in the country. Those protections only matter when they’re enforced.
Document what happened. Speak with an attorney before making decisions about your job. As a personal injury attorney in Los Angeles and an employment law firm, Kirtland & Packard offers free consultations and represents clients on a contingency basis. You pay nothing unless we win your case.
Call (310) 536-1000, available 24/7, or contact us online. Se habla español.
This article is general legal information only and does not constitute legal advice. Deadlines and legal standards vary by case type and facts. Contact an attorney to discuss your specific situation.
Frequently Asked Questions
Which laws protect pregnant workers?
Pregnant workers in California are protected by the federal Pregnancy Discrimination Act (PDA), the Pregnant Workers Fairness Act (PWFA, effective June 27, 2023), the FMLA, and California’s FEHA, Pregnancy Disability Leave law, and CFRA. California’s state protections apply to employers with five or more employees and are generally broader than federal law.
What is the Pregnancy Discrimination Act?
The PDA is a 1978 federal law that amended Title VII to make pregnancy discrimination a form of unlawful sex discrimination. It applies to employers with 15 or more employees and prohibits adverse treatment in all aspects of employment based on pregnancy, childbirth, or related medical conditions.
What is the Pregnant Workers Fairness Act?
The PWFA went into effect on June 27, 2023. It requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations, absent undue hardship. Employers cannot force an employee to leave if another accommodation would allow them to keep working.
Can my employer fire me for being pregnant?
No. Terminating an employee because of pregnancy is unlawful under both federal and California law. If your termination followed a pregnancy announcement, an accommodation request, or a leave request, that timing can be evidence of discrimination or retaliation.
Can my employer deny pregnancy-related accommodations?
Not without a proper interactive process. Under the PWFA and California’s FEHA, a denial requires a showing of undue hardship. An outright refusal with no process or stated reason is likely a violation of both state and federal law.
What are reasonable accommodations for pregnant employees?
Common accommodations include more frequent breaks, modified duties, lifting restrictions, seating or sit/stand flexibility, schedule changes, time off for prenatal appointments, uniform adjustments, and lactation accommodations. The right accommodation depends on the employee’s specific condition and job requirements.