Pregnant at Work: What California Law Requires Your Employer to Do

By Orange County Employment Law Firm, PC — Tim Cojocnean, Esq.

You told your boss you were pregnant. And then something shifted.

Maybe your hours got cut. Maybe the promotion you were next in line for suddenly went to someone else. Maybe your manager started finding reasons to write you up. Or maybe you were called into HR and told your position was being “eliminated” — weeks after you announced your pregnancy.

If any of that sounds familiar, you may be experiencing pregnancy discrimination. And in California, that is illegal.

What the Law Actually Requires

California has some of the strongest pregnancy protections for workers in the country. Three separate laws work together to protect you:

The Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from discriminating against you because of pregnancy, childbirth, or any related medical condition. This covers everything from hiring decisions to promotions, pay, job assignments, and termination.

Pregnancy Disability Leave (PDL) entitles you to up to four months of unpaid leave if you are actually disabled by pregnancy, childbirth, or a related condition — regardless of how long you have worked there. This applies to employers with five or more employees and does not require you to have been employed for any minimum period of time.

The California Family Rights Act (CFRA) provides an additional twelve weeks of baby-bonding leave after the birth, adoption, or foster placement of a child — on top of PDL. Critically, PDL and CFRA do not run at the same time, which means a qualifying employee can be entitled to significantly more than four months of protected leave total.

Your employer is legally required to know all of this. Ignorance is not a defense.

What Pregnancy Discrimination Actually Looks Like

Pregnancy discrimination rarely comes with a written memo that says “we’re firing you because you’re pregnant.” It tends to look like this:

Sudden performance issues. You’ve had a clean record for years. You announce your pregnancy. Weeks later, you’re receiving write-ups for things that were never a problem before. Employers sometimes manufacture a paper trail to make a discrimination-motivated termination look legitimate.

The “eliminated position.” Your role is conveniently restructured or eliminated around the time you go on leave — but a similar role is later filled by someone who is not pregnant.

Refusal to accommodate. Your doctor places you on lifting restrictions or recommends a modified schedule. Your employer ignores the restrictions, refuses to make adjustments, or tells you that if you can’t do the full job, you can’t be there. That is illegal.

Pressure to quit. Your manager makes comments about your pregnancy, questions your commitment, or makes the workplace hostile enough that leaving feels like the only option. Constructive termination — being forced out rather than formally fired — is still termination under the law.

Leave interference. Your employer discourages you from taking Pregnancy Disability Leave, tells you that you are not eligible when you are, or retaliates against you when you return from leave by demoting you, cutting your pay, or assigning you to a lesser role.

Your Right to Reasonable Accommodation

Even before you need leave, California law requires your employer to provide reasonable accommodations for pregnancy-related conditions — things like a modified work schedule, the ability to sit rather than stand, more frequent restroom breaks, or a temporary transfer to a less physically demanding role.

An employer who refuses to engage in a good-faith conversation about accommodations, or who retaliates against you for requesting them, has violated the law.

What You Can Recover

If your employer discriminated against you because of your pregnancy, you may be entitled to:

• Back pay — wages and benefits lost from the time of the discriminatory act
• Front pay — future lost earnings if reinstatement is not possible
• Emotional distress damages — for the anxiety and harm caused by the discrimination
• Punitive damages — in cases of particularly egregious conduct
• Attorney’s fees — paid by the employer

Because we work on contingency, you owe us nothing unless we win.

Time Limits Matter

Employment discrimination claims in California have strict deadlines. Waiting too long can mean losing your right to file entirely. If you believe you have been discriminated against because of your pregnancy, the sooner you speak with an attorney, the better.

You Deserved to Be Protected. Let Us Help.

Pregnancy is not a liability. You should not have to choose between your job and starting your family. If your employer treated you differently after learning you were pregnant — or punished you for taking the leave you were legally entitled to — contact Orange County Employment Law Firm. We represent pregnant workers and new parents throughout Orange County, and your first consultation is completely free.

Call us at (949) 506-6825 or reach out online. If you don’t win, you don’t pay anything.