Pregnancy Discrimination
If your employer treated you worse because of pregnancy, childbirth, or a related condition, or refused a reasonable accommodation, that may be illegal under California’s FEHA and federal law. California also guarantees pregnancy-related leave. Protection Law Group represents pregnant workers across California on contingency: no upfront fees, and you pay only if we win.
Key Points
- FEHA protects pregnant workers at employers with 5+ (the federal PDA applies at 15+).
- Employers must reasonably accommodate pregnancy-related needs, not just avoid firing you.
- California offers pregnancy-related leave through PDL, CFRA, FMLA, and SDI.
Pregnancy discrimination occurs when and employer treats an employee or job applicant less favorably due to pregnancy, childbirth, or related conditions. Examples of discrimination based on pregnancy include termination, denial of promotions, unfavorable job assignments, or refusal of reasonable accommodations.
The Federal Pregnancy Discrimination Act (PDA), an amendment to the Civil Rights Act of 1964, prohibits discrimination based on pregnancy, childbirth, or related medical conditions in companies with 15 or more employees. The Americans with Disabilities Act (ADA) offers additional protections for pregnancy-related disabilities. California’s Fair Employment and Housing Act (FEHA) extends these protections to companies with 5 or more employees and requires reasonable accommodation for pregnant workers.
Pregnancy leave is also protected by several laws including the Federal Family and Medical Leave Act (FMLA), California’s Pregnancy Disability Leave Law (PDL), the California Family Rights Act (CFRA), and the California State Disability Insurance (SDI) program. These laws provide various unpaid and paid leave options for pregnancy-related disabilities and baby bonding time.
To prove pregnancy discrimination, an employee must demonstrate that the employer had a legal responsibility to act, treated the employee unfairly due to pregnancy, and that this treatment resulted in harm. Damages for pregnancy discrimination cases can include money for lost wages, punitive damages, and attorneys’ fees.
If your employer is discriminating against you or someone you know because of pregnancy, contact us immediately.
We protect your rights!
Frequently Asked Questions
No. Terminating, demoting, or treating you worse because of pregnancy, childbirth, or a related condition is illegal pregnancy discrimination under California and federal law.
Reasonable accommodations such as modified duties, more breaks, a temporary transfer, or schedule changes, unless the employer proves undue hardship.
California provides pregnancy-related leave through Pregnancy Disability Leave, the California Family Rights Act, FMLA, and paid benefits through SDI. The amounts and eligibility differ, so check each. See our leave of absence page.
Protection applies once the employer is aware, but you cannot be penalized for a pregnancy-related condition. Requesting accommodation or leave puts your rights in motion.
Lost wages, emotional distress damages, reinstatement, punitive damages in serious cases, and attorney’s fees for a prevailing employee.
Sources
- California Civil Rights Department, Employment Discrimination, https://calcivilrights.ca.gov/employment/
- California Legislative Information, Government Code § 12945 (pregnancy), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12945&lawCode=GOV
- U.S. Equal Employment Opportunity Commission, Pregnancy Discrimination, https://www.eeoc.gov/pregnancy-discrimination
- California Employment Development Department, Disability Insurance and Paid Family Leave, https://edd.ca.gov/en/disability/
Disclaimer: This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
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