When a woman learns she is expecting, she often imagines doctor visits, nursery plans, and family celebrations—not the stress of losing her job. Yet, pregnancy discrimination remains a reality in many workplaces, despite decades of legal protections.
In California, the law offers some of the strongest safeguards for pregnant employees in the country, but the protections aren’t always straightforward, and employers don’t always follow the rules.
The Short Answer: No—But It Still Happens
Under both federal and California law, it is illegal for an employer to fire, demote, or otherwise retaliate against an employee because she is pregnant or needs accommodations related to pregnancy.
The California Fair Employment and Housing Act (FEHA) explicitly prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
In addition, the Pregnancy Discrimination Act (PDA), a federal law passed in 1978, makes it unlawful for employers with 15 or more employees to discriminate against workers for being pregnant. California’s law is even broader, applying to employers with five or more employees.
But while the law is clear, enforcement can be another story. Many women report being let go soon after announcing their pregnancy, being told their position was “eliminated,” or being denied promotions and assignments that could have boosted their careers.
Proving that the reason was pregnancy—and not a legitimate business decision—often requires evidence, documentation, and sometimes, legal action.
Understanding Your Rights
Pregnant employees in California are entitled to specific protections and benefits:
- No Discrimination – An employer cannot terminate or penalize you simply because you are pregnant, plan to become pregnant, or have a pregnancy-related medical condition.
- Reasonable Accommodations – If you need adjustments to your duties or schedule due to pregnancy (such as lighter lifting or more frequent breaks), your employer must engage in an interactive process to provide accommodations.
- Pregnancy Disability Leave (PDL) – California law provides up to four months of unpaid, job-protected leave for pregnancy-related disabilities. This is separate from leave under the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), which may give you additional protected time off.
- Return to Work – After your leave, you are entitled to return to the same position you held before or to a comparable one.
If an employer fires you after you request accommodations, announce your pregnancy, or take leave, it raises red flags for potential unlawful termination.
Subtle Forms of Pregnancy Discrimination
Not all discrimination is as obvious as a pink slip. Sometimes it appears in subtler forms:
- Being passed over for important projects after announcing your pregnancy.
- Receiving poor performance reviews for the first time in your career, without clear justification.
- Hearing comments about your “commitment” to the job or your future availability.
- Being pressured to resign or “take early leave” before it’s medically necessary.
These tactics can be just as damaging as outright firing, and they are still prohibited under California law.
What to Do If You’re Fired While Pregnant
If you suspect your pregnancy played a role in your termination, there are steps you can take immediately to protect yourself:
- Document Everything – Keep copies of emails, text messages, performance reviews, and any comments from supervisors related to your pregnancy.
- Request the Reason in Writing – Ask your employer to provide a written explanation for your termination. This can be important evidence if the stated reason changes later.
- File a Complaint – In California, you can file a discrimination complaint with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Consult a Lawyer Early – Pregnancy discrimination cases are time-sensitive. An attorney can help assess your case, gather evidence, and file within legal deadlines.
Real-World Cases in California
California courts have seen a steady stream of pregnancy discrimination claims in recent years. In some cases, women have won significant verdicts after showing that their employer’s stated reason for termination was a pretext for discrimination. In others, employers have settled quietly to avoid trial.
One Los Angeles case involved a retail manager who was fired less than a week after telling her supervisor she was pregnant. The employer claimed it was due to “store restructuring,” but internal emails revealed discussions about finding a “replacement” for her before she gave birth. The case settled confidentially, but not before making headlines and serving as a cautionary tale for other businesses.
The Role of Legal Referrals
Finding the right lawyer is often the turning point in these cases. California has a complex patchwork of laws covering pregnancy rights, and not every employment attorney regularly handles pregnancy discrimination claims.
To avoid biased lawyer marketing, employees should consider using trusted legal organizations such as 1000Attorneys.com, an American Bar Association-approved and California State Bar-certified lawyer referral service that connects people to pre-screened California employment law attorneys with relevant experience.
This type of vetted referral service can be a lifeline for someone facing wrongful termination or discrimination during pregnancy—especially when time is short and emotions are high. Because they are certified, these services must meet strict standards of transparency, fairness, and client protection.
Employer Defenses and How to Overcome Them
Employers rarely admit to firing someone for being pregnant. Instead, they may cite performance issues, economic downturns, or reorganization. This makes documentation critical.
For example:
- If you have a consistent record of positive performance reviews and suddenly receive a poor evaluation after announcing your pregnancy, that discrepancy can help your case.
- If other employees in similar situations were treated more favorably, that comparison can be powerful evidence. Up
California law also prohibits retaliation against employees who assert their rights, so if you complained internally about discrimination and were fired soon after, you may have an additional claim.
Why These Cases Matter Beyond the Individual
Pregnancy discrimination doesn’t just hurt the person targeted—it sends a message to other employees that they may face the same treatment.
This can discourage women from seeking promotions, requesting accommodations, or even starting families.
By enforcing anti-discrimination laws, California aims to protect not only individuals but also the broader principle that pregnancy should never derail a career.
Moving Forward After Pregnancy Discrimination
Being fired while pregnant can be devastating, both emotionally and financially. California’s legal protections are strong, but they depend on employees knowing their rights and being willing to assert them.
If you believe you were terminated because of pregnancy, don’t wait. Document your experience, seek legal advice, and consider filing a complaint with the appropriate state or federal agency.
An experienced employment attorney can help you navigate the process, gather evidence, and protect your rights.
Pregnancy should be a time for planning and joy—not fear over losing your livelihood. With the right information and support, California workers can hold employers accountable and safeguard their futures.
