What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats a current or prospective employee unfavorably because of pregnancy, childbirth, or a related medical condition. The discrimination may be direct, like refusing to hire a visibly pregnant applicant, or indirect, such as denying reasonable accommodations that would allow a pregnant employee to continue working safely.
California law provides stronger protections than federal law. Under the Fair Employment and Housing Act (FEHA), employers with five or more employees must treat pregnancy-related conditions the same as any other temporary disability.
The Pregnancy Disability Leave (PDL) law guarantees up to four months of job-protected leave for pregnancy-related disabilities, separate from and in addition to California Family Rights Act (CFRA) leave for bonding with a new child.
Many employers either misunderstand these obligations or deliberately ignore them. Common violations include terminating employees shortly after they announce a pregnancy, refusing accommodation requests that would not impose hardship, denying legally mandated leave, or retaliating against employees who assert their rights.
California Pregnancy Protections: FEHA, PDL, and CFRA
California workers receive pregnancy protections under multiple overlapping statutes. Each statute provides distinct rights, and a single employer action can violate more than one.
Fair Employment and Housing Act (FEHA)
FEHA prohibits discrimination based on pregnancy, childbirth, breastfeeding, and related medical conditions. The statute applies to employers with five or more employees and covers all stages of employment: hiring, promotion, assignments, benefits, and termination.
FEHA also requires employers to provide reasonable accommodations for pregnancy-related conditions unless doing so would impose an undue hardship on business operations.
Reasonable accommodations for pregnancy include:
- Modified duties
- Adjusted work schedules
- Additional break time
- Permission to sit instead of standing
- Temporary transfer to a less strenuous position
- Temporary exemption from tasks that pose a safety risk during pregnancy
The accommodation process mirrors disability accommodation requirements: the employee requests the accommodation, the employer engages in an interactive process to determine what is feasible, and the employer implements a reasonable solution.
Pregnancy Disability Leave (PDL)
PDL guarantees up to four months of unpaid, job-protected leave for employees disabled by pregnancy, childbirth, or a related medical condition. The leave is available in increments, so an employee can take a few days for severe morning sickness, return to work, then take additional leave later for delivery and postpartum recovery. The four-month entitlement is a per-pregnancy maximum, not an annual cap.
PDL applies to employers with five or more employees. The employee does not need to have worked a minimum number of hours to qualify. This makes PDL more accessible than CFRA or FMLA, both of which impose eligibility thresholds.
During PDL, the employer must maintain the employee’s health insurance coverage on the same terms as if the employee were actively working. Upon return, the employee is entitled to reinstatement to the same position or, if that position no longer exists, to a comparable position.
California Family Rights Act (CFRA)
CFRA provides 12 weeks of job-protected leave for employees to bond with a new child. CFRA leave is separate from PDL. An employee disabled by pregnancy can take up to four months of PDL, then immediately take 12 weeks of CFRA leave for bonding, resulting in up to seven months of combined protected leave.
CFRA applies to employers with five or more employees. Employees qualify after working 1,250 hours in the 12 months preceding the leave. Unlike PDL, CFRA is not limited to pregnancy disability; it applies equally to childbirth, adoption, and foster placement.
The distinction matters because employers sometimes incorrectly treat PDL and CFRA as a combined entitlement. Using PDL does not reduce CFRA eligibility.
Federal Protections: Title VII and FMLA
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on pregnancy at the federal level. The Pregnancy Discrimination Act (PDA), an amendment to Title VII, requires employers to treat pregnancy the same as other temporary medical conditions affecting the ability to work. Title VII applies to employers with 15 or more employees.
The Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid leave for the birth of a child or to care for a newborn. FMLA applies to employers with 50 or more employees within a 75-mile radius, and employees must have worked 1,250 hours in the prior 12 months.
What Pregnancy Discrimination Looks Like
Pregnancy discrimination rarely announces itself. Employers almost never state that termination, demotion, or denial of accommodation occurred because of pregnancy. Instead, they cite performance concerns, business restructuring, or alleged policy violations. The evidence that reveals the actual motive lies in timing, inconsistency, and comparative treatment.
Termination Shortly After Pregnancy Announcement
The employee informs her supervisor that she is pregnant. Within weeks, the employer begins documenting performance concerns that were never raised before. Termination follows. The documentation pattern beginning after the announcement exposes the pretext.
Denial of Reasonable Accommodation Requests
The employee provides a doctor’s note stating she cannot lift more than 20 pounds during pregnancy. The employer refuses, stating that lifting is an essential function of the job. Other employees with temporary lifting restrictions due to back injuries or surgery received modified duties without issue. Inconsistent application of accommodation policies is direct evidence of discrimination.
Forced Unpaid Leave Before Medical Necessity
The employer places the employee on unpaid leave as soon as the pregnancy becomes visible, citing safety concerns despite the employee’s physician clearing her to work without restrictions. Employers cannot force leave earlier than medically required.
Demotion or Reassignment After Pregnancy Announcement
The employee announces her pregnancy. Shortly after, she is removed from client-facing responsibilities, excluded from meetings she previously attended, or reassigned to tasks beneath her job description. Adverse changes in job duties following a pregnancy announcement support a discrimination claim.
Refusal to Provide Break Time for Expressing Breast Milk
California Labor Code §1030 requires employers to provide reasonable break time and a private space (other than a bathroom) for expressing breast milk. Denying this legally mandated accommodation is both a Labor Code violation and evidence of pregnancy discrimination.
Hostile Comments or Treatment
Supervisors or co-workers make comments or take actions suggesting that pregnant employees are less committed, less capable, or a liability to the company. For example, “Maybe you should focus on being a mom”, or assigning the employee’s responsibilities to others before she has requested leave.
The legal significance is not always in a single event. Courts examine patterns, including how the employer treated the employee before the pregnancy, how treatment changed after the announcement, and how the employer treated similarly situated employees who were not pregnant.
Reasonable Accommodations During Pregnancy
California law requires employers to provide reasonable accommodations for pregnancy-related conditions unless doing so would impose an undue hardship on business operations. The obligation applies under both FEHA and California’s pregnancy accommodation statute, which took effect in 2013 and expanded the range of conditions that trigger accommodation rights.
Reasonable accommodations include:
- More frequent or longer breaks
- Time off for prenatal or postnatal medical appointments
- Modified work schedules or reduced hours
- Temporary transfer to a less strenuous or hazardous position
- Assistance with manual labor or lifting
- Provision of seating when the employee’s role typically requires standing
- Temporary reassignment of tasks that pose health risks during pregnancy
- Modified dress code to accommodate pregnancy-related medical needs
The employer’s obligation to accommodate does not depend on whether the employee qualifies for leave under PDL or CFRA. A pregnant employee who is not disabled and therefore not entitled to PDL still has the right to reasonable accommodation if she has work restrictions due to pregnancy.
The interactive process is mandatory. Once the employee requests an accommodation or the employer becomes aware of a pregnancy-related limitation, the employer must engage in a timely, good-faith discussion to identify possible accommodations. Ignoring the request, delaying unreasonably, or rejecting accommodations without exploring alternatives violates California law.
Undue Hardship: A High Standard
An employer can deny an accommodation only if it would impose an undue hardship, which is a significant difficulty or expense in light of the employer’s size, financial resources, and operational structure.
Inconvenience is not hardship. The fact that an accommodation requires schedule adjustments, reassignment of some tasks, or temporary coverage by other employees does not mean that it meets the undue hardship standard.
California courts have made clear that “essential functions” analysis in pregnancy accommodation cases is not the same as in ADA cases. An employer cannot refuse pregnancy accommodation simply because the task in question is part of the job description. If the employee can perform the role with a temporary modification and the modification does not fundamentally alter the position, the accommodation is reasonable.
Pregnancy Disability Leave: Your Right to Time Off
Pregnancy Disability Leave provides up to four months of job-protected, unpaid leave for employees disabled by pregnancy, childbirth, or related medical conditions. The leave is available in any increment; an employee can take intermittent days for medical appointments, a few weeks for severe pregnancy complications, then additional time for delivery and recovery.
The four-month entitlement is a per-pregnancy maximum. It does not reset annually. If complications from a prior pregnancy extend into a new calendar year, the employee cannot claim an additional four months. The entitlement is tied to the pregnancy, not the year.
Who Qualifies for PDL?
PDL applies to employers with five or more employees. There is no minimum hours requirement, no tenure requirement, and no requirement that the employee work full-time. Eligibility begins on the first day of employment, which makes PDL more accessible than CFRA or FMLA.
What Qualifies as Pregnancy Disability?
Pregnancy disability includes any condition related to pregnancy or childbirth that prevents the employee from performing job duties. Common examples include severe morning sickness, gestational diabetes, pregnancy-induced hypertension, placenta previa, ordered bed rest, recovery from delivery (vaginal or cesarean), and postpartum complications.
The determination of whether a condition is disabling is medical, not the employer’s decision. An employee who provides medical certification that she is unable to work or unable to perform certain job functions is entitled to leave or accommodation. The employer cannot override the physician’s assessment.
Reinstatement Rights
Upon return from PDL, the employee is entitled to the same position she held before leave or, if that position was eliminated for legitimate business reasons unrelated to the leave, a comparable position. A comparable position is one with equivalent pay, benefits, working conditions, and responsibilities.
Employers sometimes claim that the employee’s position was eliminated due to restructuring during the leave. This defense fails when the elimination occurred shortly after the leave began, the employee was not given notice or opportunity to apply for other openings, and the employer hired or promoted someone else into a role the returning employee could have performed.
Retaliation for Asserting Pregnancy Rights
An employer cannot retaliate against an employee for requesting pregnancy-related accommodations, taking PDL, filing a complaint with California’s Civil Rights Department (CRD), or opposing discriminatory treatment. Retaliation claims are legally distinct from discrimination claims, and they are frequently easier to prove because the evidence lies in sequence.
Common retaliation patterns include:
- Termination following a request for pregnancy accommodation or leave.
- Sudden negative performance reviews after the employee returns from PDL.
- Demotion, pay reduction, or reassignment to less desirable duties after asserting pregnancy rights.
- Denial of a promotion or bonus that was previously discussed before the pregnancy announcement.
- Hostile treatment from supervisors or management that began after the employee requested accommodation.
The legal standard for retaliation is whether the protected activity (requesting accommodation, taking leave, or filing a complaint) was a substantial motivating factor in the adverse action. The employee does not need to prove it was the only reason. If pregnancy-related assertions contributed to the decision, the retaliation claim stands.
Filing a Pregnancy Discrimination Claim in California
Pregnancy discrimination claims are filed with the California Civil Rights Department (CRD), the state agency that investigates and enforces FEHA violations. Employees may also file with the federal Equal Employment Opportunity Commission (EEOC), though California law provides stronger protections and longer filing windows.
How to File with the CRD
The CRD complaint can be filed online, by mail, or in person at any CRD office. The complaint must include the employee’s name and contact information, the employer’s name and location, a description of the discriminatory conduct, and the approximate dates the conduct occurred.
The CRD will assign an investigator to review the complaint. The agency may request additional information from the employee, interview witnesses, and request documentation from the employer. The investigation process can take several months to over a year, depending on case complexity and the CRD’s workload.
At the conclusion of the investigation, the CRD will issue one of the following:
- A right-to-sue notice: Most employees receive a notice that allows them to file a lawsuit in court regardless of the investigation outcome.
- A finding of probable cause: This means the CRD determined that discrimination likely occurred. The CRD may attempt to settle the case or refer it for litigation.
- A finding of no probable cause: This means the CRD did not find sufficient evidence to proceed.
A finding of no probable cause does not prevent the employee from filing a lawsuit. It simply means the administrative investigation did not establish a violation. Courts conduct independent reviews of the evidence.
Statute of Limitations
California employees have three years from the date of the discriminatory act to file a complaint with the CRD. This deadline is significantly longer than the federal EEOC deadline, which is typically 180 to 300 days.
Once the CRD issues a right-to-sue notice, the employee has one year to file a lawsuit in court. Missing this one-year deadline eliminates the claim permanently. Employees should consult an attorney immediately upon receiving a right-to-sue notice — not weeks before the deadline expires.
Do You Need to File with the CRD Before Filing a Lawsuit?
Yes. California law requires employees to file an administrative complaint with the CRD (or EEOC) before filing a lawsuit in court. This exhaustion requirement applies to all FEHA claims, including pregnancy discrimination. An employee who files a lawsuit without first obtaining a right-to-sue notice will have the case dismissed.
The administrative process is not optional. Filing with the CRD is a mandatory procedural step, not a choice between two forums.
What You Can Recover in a Pregnancy Discrimination Case
A successful pregnancy discrimination claim can result in the following categories of recovery:
Economic Damages
- Back pay: All wages lost from the date of the discriminatory act through resolution of the case, including salary, bonuses, commissions, overtime, and the cash value of lost benefits.
- Future lost earnings: Compensation for ongoing economic harm if the discrimination resulted in long-term career damage, forced career change, or reduced earning capacity.
- Benefits restoration: The value of health insurance, retirement contributions, stock options, and other benefits lost due to the discrimination.
Non-Economic Damages
Employees may be eligible for compensation for emotional distress, including anxiety, depression, humiliation, damage to professional reputation, and the emotional toll of navigating pregnancy while facing illegal treatment.
California law does not cap emotional distress damages in employment discrimination cases.
Punitive Damages
Punitive damages are available when the employer acted with malice, oppression, or fraud. Courts have awarded punitive damages in pregnancy discrimination cases where supervisors knew about the pregnancy and terminated or mistreated the employee anyway, or where the employer ignored multiple complaints about discriminatory treatment. Punitive damages serve to punish egregious conduct and deter future violations.
Attorney Fees and Costs
Prevailing employees in FEHA cases recover attorney fees and litigation costs from the employer. This fee-shifting provision ensures that employees can pursue valid claims without absorbing the financial burden of litigation. HBK Lawyers handles all pregnancy discrimination cases on a contingency basis: no upfront costs, no retainer, and fees are paid only from recovery.
Reinstatement
Courts may order reinstatement to the position the employee held before the discrimination occurred. In practice, most employees prefer financial compensation over returning to an employer that violated their rights.
Why Choose HBK Lawyers?
We Know What Pregnancy Discrimination Documentation Looks Like
Pregnancy discrimination cases turn on patterns: how an employer’s treatment of the employee changed after the pregnancy announcement, whether accommodation requests were handled differently than similar requests from non-pregnant employees, and whether the employer’s stated reasons for adverse actions align with the actual timeline.
We examine performance reviews, email correspondence, accommodation request records, and comparator data before the employer has the opportunity to construct a cleaner narrative.
$100 Million Recovered for California Workers
HBK Lawyers’ case results reflect what preparation and strategic litigation produce. The firm’s work in employment law spans wage and hour class actions, wrongful termination, discrimination, and retaliation, representing workers against employers of all sizes across Los Angeles County.
FEHA and Labor Code Claims: We Handle Both Frameworks
Many pregnancy discrimination situations involve violations of multiple statutes simultaneously, including FEHA discrimination, denial of PDL, failure to accommodate under California’s pregnancy accommodation law, and retaliation under Labor Code §1102.5. Structuring the case under all applicable frameworks from the outset produces better outcomes. We do that work before filing.
Bilingual Representation in English and Spanish
HBK Lawyers provides complete legal representation in Spanish at every stage of the case: intake, investigation, CRD filings, settlement negotiations, and trial. Clients who communicate primarily in Spanish receive full attorney representation, not translated summaries.
Case Results
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Meet Our Team
Serving Employees Across Los Angeles County
HBK Lawyers represents employees in pregnancy discrimination cases throughout Los Angeles County, Riverside County, San Diego County, Santa Barbara County, and San Francisco County, including Glendale, Encino, Burbank, Pasadena, Los Angeles, Long Beach, Van Nuys, Santa Clarita, and surrounding communities.
Glendale office
801 N. Brand Blvd., Suite 1015, Glendale, CA 91203
Phone: 818-696-2306
Encino office
16000 Ventura Blvd., Suite 780, Encino, CA 91436
Phone: 818-696-2306
Frequently Asked Questions
Can I be fired for being pregnant in California?
No. Terminating an employee because of pregnancy, childbirth, or related medical conditions is illegal under FEHA. Employers cannot fire, demote, or refuse to hire someone because she is pregnant or may become pregnant.
What if my employer says I was fired for poor performance?
Performance-based termination is the most common pretext in pregnancy discrimination cases. The analysis examines whether performance concerns were documented before the pregnancy announcement, whether other employees with comparable performance were treated differently, and whether the employer followed its own progressive discipline policies. Inconsistencies in timing and documentation are legally significant.
Do I have to be disabled to take pregnancy leave?
For Pregnancy Disability Leave (PDL), yes, you must have a pregnancy-related condition that temporarily prevents you from performing your job duties. However, you have the right to reasonable accommodation even if you are not disabled enough to take leave. If you can work with modifications, such as a lifting restriction or additional breaks, the employer must provide those accommodations.
Can I take leave after my baby is born, even if I wasn’t disabled during pregnancy?
Yes. California Family Rights Act (CFRA) provides 12 weeks of job-protected leave for bonding with a new child. CFRA leave is separate from PDL. If you were not disabled during pregnancy and did not use PDL, you are still entitled to 12 weeks of CFRA leave after your child is born.
What if my employer says providing an accommodation would be too difficult?
California law requires employers to provide reasonable accommodations unless doing so would impose a significant difficulty or expense given the employer’s size, resources, and operations. Minor inconvenience, schedule adjustments, or temporary task reassignments do not meet the undue hardship standard. The employer must engage in an interactive process and demonstrate that no feasible accommodation exists.
How long do I have to file a pregnancy discrimination claim?
Against a private employer, you have three years from the date of the discriminatory act to file a complaint with the California Civil Rights Department. After the CRD issues a right-to-sue notice, you have one year to file a lawsuit in court. Do not wait until the deadline approaches. Evidence becomes harder to gather, witnesses’ memories fade, and documents may be lost or destroyed.
Do I need to hire a lawyer to file a CRD complaint?
You can file a CRD complaint on your own. The process is accessible, and the CRD provides forms and guidance. However, how you frame the complaint, which legal theories you assert, and what documentation you provide affect the strength of any subsequent lawsuit. Consulting an attorney before filing ensures the administrative complaint supports the strongest possible legal case.
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