Pregnancy Discrimination in California
Being pregnant should be a time of excitement and preparation, not fear about losing your job. Unfortunately, pregnancy discrimination remains one of the most common forms of workplace discrimination in California. Whether you’ve been fired for announcing your pregnancy, denied reasonable accommodations, or harassed for taking maternity leave, California law provides strong protections for pregnant workers.
This guide explains your rights under California’s pregnancy discrimination laws, including the California Fair Employment and Housing Act (FEHA), Pregnancy Disability Leave (PDL), and lactation accommodation requirements.
What Is Pregnancy Discrimination Under California Law?
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or related medical conditions. Under the California Fair Employment and Housing Act (FEHA), it is illegal for employers with five or more employees to discriminate based on:
- Pregnancy
- Childbirth
- Medical conditions related to pregnancy or childbirth
- Breastfeeding or lactation
California law goes further than federal law by treating pregnancy as a temporary disability and requiring employers to provide reasonable accommodations and disability leave specifically for pregnancy-related conditions.
Protected Conditions Beyond Pregnancy
California’s pregnancy discrimination protections extend to a wide range of related conditions, including:
- Morning sickness and severe nausea
- Gestational diabetes
- Preeclampsia and high blood pressure
- Postpartum depression
- Recovery from childbirth (including C-sections)
- Lactation and breastfeeding needs
- Pregnancy loss and miscarriage
- Complications from pregnancy
Employers cannot make employment decisions based on any of these conditions or assume that pregnant employees are less capable of performing their jobs.
Pregnancy Disability Leave (PDL): Up to 4 Months of Protected Leave
One of California’s strongest pregnancy protections is Pregnancy Disability Leave (PDL). This law requires employers with five or more employees to provide up to four months (approximately 17.3 weeks) of job-protected leave for employees who are disabled by pregnancy, childbirth, or related medical conditions.
Key features of PDL:
- Up to 4 months of leave: The amount of leave depends on how long your doctor says you are disabled by pregnancy
- Job protection: Your employer must hold your position open or provide a comparable position when you return
- Applies to all pregnant employees: No minimum length of employment required
- Unpaid leave: PDL is unpaid, but you may be eligible for State Disability Insurance (SDI) benefits
- Separate from CFRA: PDL is in addition to California Family Rights Act (CFRA) leave
PDL is different from bonding leave. It covers the time you are physically disabled by pregnancy or recovery from childbirth. After PDL, you may be eligible for additional leave under CFRA to bond with your new child.
For more information about how PDL stacks with other leave types, see California Leave Laws.
Reasonable Accommodation for Pregnancy
Even if you don’t need to take leave, California law requires employers to provide reasonable accommodations for pregnancy-related conditions, just as they would for any other temporary disability.
Common pregnancy accommodations include:
- Modified work duties or lighter tasks
- More frequent breaks
- Assistance with lifting or physical tasks
- A stool or chair for employees who normally stand
- Temporary transfer to a less strenuous position
- Time off for prenatal appointments
- Modified work schedules
- Permission to keep water or snacks at workstations
- Closer parking spaces
Employers must engage in an interactive process to determine what accommodations are reasonable. They cannot refuse to accommodate pregnancy unless doing so would cause an undue hardship on the business.
Types of Pregnancy Discrimination
Pregnancy discrimination can take many forms. Here are the most common types:
1. Termination Due to Pregnancy
Firing an employee because she is pregnant or needs pregnancy leave is illegal. This includes:
- Terminating an employee immediately after she announces her pregnancy
- Laying off a pregnant employee while keeping non-pregnant employees
- Firing an employee for taking PDL or requesting pregnancy accommodations
- Terminating an employee who returns from maternity leave
2. Refusal to Hire
Employers cannot refuse to hire qualified candidates because they are pregnant or may become pregnant. Interview questions about pregnancy, family planning, or childcare arrangements are inappropriate and potentially discriminatory.
3. Denial of Reasonable Accommodation
Refusing to provide reasonable pregnancy accommodations that are provided to other employees with temporary disabilities is discriminatory. For example, if an employer allows employees with back injuries to take more frequent breaks but denies the same accommodation to a pregnant employee, that is pregnancy discrimination.
4. Forced Leave
Employers cannot force pregnant employees to take leave if they are able and willing to work. Similarly, employers cannot force employees to take leave earlier than medically necessary or to stay out longer than medically required.
5. Demotion or Denial of Promotion
Passing over a pregnant employee for promotion, transferring her to a less desirable position, or reducing her responsibilities because of pregnancy is discriminatory.
6. Harassment
Pregnancy harassment includes:
- Offensive comments about pregnancy or body changes
- Jokes about pregnant employees being “hormonal” or “moody”
- Speculation about whether an employee will return after maternity leave
- Pressure to disclose pregnancy status or medical information
- Creating a hostile work environment based on pregnancy
7. Lactation Discrimination
California law specifically protects breastfeeding employees. Employers cannot discriminate against employees who need to express breast milk at work or deny them required lactation accommodations.
Common Examples of Pregnancy Discrimination
Understanding what pregnancy discrimination looks like in real situations can help you recognize when your rights have been violated:
- Fired upon announcing pregnancy: You tell your manager you’re expecting, and within a week, you’re terminated for “performance issues” that were never mentioned before
- Denied light duty: You request to avoid heavy lifting during pregnancy, but your employer refuses even though they accommodate other employees with lifting restrictions
- Forced to take unpaid leave: Your employer tells you that you must go on unpaid leave as soon as you start showing, even though your doctor has cleared you to work
- Passed over for promotion: You’re told you didn’t get the promotion because “you’ll be gone on maternity leave soon anyway”
- Denied lactation breaks: Your employer refuses to allow you breaks to pump breast milk or tells you to use the bathroom
- Comments suggesting you should quit: Your supervisor repeatedly says things like “Shouldn’t you be staying home with the baby?” or “Are you sure you can handle this job with a newborn?”
- Position not held open during PDL: You return from pregnancy leave to find your position has been eliminated or given to someone else
- Reduction in hours or responsibilities: After announcing your pregnancy, your hours are cut or you’re given less desirable assignments
- Denied time off for prenatal appointments: Your employer refuses to let you attend doctor’s appointments during working hours, even though you offer to make up the time
- Hostile comments from coworkers: Colleagues make repeated offensive jokes about your pregnancy, and management does nothing to stop it
- Constructive discharge: Working conditions become so intolerable due to pregnancy-related harassment that you feel forced to resign
- Denial of benefits: Your employer tells you that you won’t receive health insurance coverage for your pregnancy because you “got pregnant after being hired”
- Retaliation for requesting accommodation: After requesting a stool to sit on during your shift, you receive your first negative performance review
How Pregnancy Leave Stacks in California: PDL + CFRA + PFL
California’s leave laws can be confusing because multiple laws provide different types of leave. Here’s how they work together for pregnant employees:
Pregnancy Disability Leave (PDL): Up to 4 months of leave for disability related to pregnancy and childbirth recovery (typically 6-8 weeks postpartum)
California Family Rights Act (CFRA): Up to 12 weeks of leave to bond with a new child (separate from PDL)
Paid Family Leave (PFL): Up to 8 weeks of partial wage replacement through California’s State Disability Insurance program for bonding leave
In total, eligible California employees can receive:
- Up to 4 months of PDL for pregnancy disability
- Up to 12 additional weeks of CFRA for baby bonding
- Approximately 7 months of combined leave
During pregnancy and recovery, you may receive State Disability Insurance (SDI) payments. After you’ve recovered, you can take CFRA leave for bonding and receive Paid Family Leave (PFL) benefits.
For a detailed breakdown of how these programs interact, see California Leave Laws.
Lactation Accommodation Requirements in California
California Labor Code Section 1031 requires employers to provide reasonable break time and a private space for employees who need to express breast milk at work.
Break time requirements:
- Employers must provide reasonable break times to express milk
- Breaks can run concurrently with regular paid breaks when possible
- Additional unpaid break time must be provided as needed
Private space requirements:
- Must be in close proximity to the employee’s work area
- Must be shielded from view and free from intrusion
- Cannot be a bathroom
- Must include a surface to place a breast pump and personal items
- Must have access to electricity or alternative devices (like extension cords)
- Must have access to a sink and refrigerator (or cooler) to store milk
Employers with fewer than 50 employees may be exempt if they can demonstrate that providing lactation accommodations would impose an undue hardship.
Pregnancy as a Temporary Disability in California
Unlike federal law, California treats pregnancy as a temporary disability for employment purposes. This means:
- Pregnant employees must be treated the same as other employees with temporary disabilities
- If an employer provides accommodations for injured workers, they must provide similar accommodations for pregnant workers
- Pregnancy-related medical conditions qualify for disability leave under PDL
- Employers cannot have policies that treat pregnancy less favorably than other temporary medical conditions
This framework ensures that pregnant employees receive equal treatment and are not disadvantaged simply because their temporary disability is related to pregnancy.
How to Request Pregnancy Accommodation
If you need accommodations during pregnancy, follow these steps:
- Inform your employer: Tell your supervisor or HR department that you are pregnant and need accommodations (you don’t need to disclose early if you don’t want to)
- Be specific: Clearly explain what accommodations you need (modified duties, more breaks, light duty, etc.)
- Provide medical documentation if requested: Your employer may ask for a note from your doctor explaining your limitations and suggested accommodations
- Document everything: Keep copies of all requests, emails, and responses regarding your accommodation request
- Engage in the interactive process: Be willing to discuss alternative accommodations if your preferred option isn’t feasible
Employers are required to engage in a good-faith interactive process to identify reasonable accommodations. They cannot simply deny your request without exploring alternatives.
Proving Pregnancy Discrimination
To prove pregnancy discrimination, you generally need to show:
- You were pregnant or had a pregnancy-related condition
- You were qualified for the job and performing satisfactorily
- You suffered an adverse employment action (termination, demotion, denial of accommodation, etc.)
- Your pregnancy was a motivating factor in the employer’s decision
Evidence that can support your claim includes:
- Timing: Adverse action shortly after announcing pregnancy or requesting leave
- Comments: Statements by supervisors or coworkers about your pregnancy, ability to work, or future with the company
- Disparate treatment: Non-pregnant employees receiving better treatment or accommodations
- Pretext: Employer’s stated reasons for the action are false or inconsistent
- Pattern: Other pregnant employees have been treated similarly
- Documentation: Performance reviews, emails, text messages, and witness statements
You don’t need to prove that pregnancy was the only reason for the adverse action, just that it was a substantial motivating factor.
Damages Available in Pregnancy Discrimination Cases
If you successfully prove pregnancy discrimination, you may be entitled to:
Economic damages:
- Back pay (lost wages from termination or reduced hours)
- Front pay (future lost earnings if you can’t return to your job)
- Lost benefits (health insurance, retirement contributions, bonuses)
- Out-of-pocket expenses (job search costs, medical expenses)
Non-economic damages:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Damage to reputation
Punitive damages: In cases of malicious or egregious discrimination, the court may award punitive damages to punish the employer
Other remedies:
- Reinstatement to your position
- Promotion or accommodation that was denied
- Policy changes to prevent future discrimination
- Attorney’s fees and costs
Real-World Examples of Pregnancy Discrimination Cases
Example 1: Retail Manager Fired After Pregnancy Announcement
Maria worked as an assistant manager at a retail store for three years with excellent performance reviews. When she told her district manager she was pregnant, he said, “That’s inconvenient timing with the holiday season coming up.” Two weeks later, she was fired for alleged “poor performance” despite having no prior warnings. Maria filed a pregnancy discrimination claim and received a settlement covering lost wages and emotional distress.
Example 2: Warehouse Worker Denied Light Duty
Jennifer worked in a warehouse and requested light duty during her pregnancy to avoid heavy lifting. The company routinely accommodated workers with back injuries but refused Jennifer’s request, telling her she should “just take leave if she can’t do the job.” After Jennifer filed a complaint with the Civil Rights Department, the company settled and changed its accommodation policy.
Example 3: Teacher Denied Promotion
Sandra was the most senior candidate for a department head position at her school. During her interview, the principal asked about her childcare plans and whether she was planning to have more children. Sandra didn’t get the promotion, and a less qualified male teacher was selected. She proved pregnancy discrimination through the principal’s inappropriate questions and comparisons to the selected candidate’s qualifications.
Example 4: Nurse Denied Lactation Breaks
Amy returned to her nursing job after maternity leave and requested breaks to pump breast milk. Her supervisor told her she could “use the bathroom like everyone else” and that patient care couldn’t be interrupted. After Amy filed a complaint, the hospital was required to provide a private lactation room and ensure adequate break coverage.
Example 5: Accountant Pressured to Resign
After returning from PDL, Lisa found that her clients had been reassigned and her responsibilities reduced. Her manager made repeated comments like “Shouldn’t you be focusing on your baby?” and “This job is too demanding for a new mom.” Lisa felt forced to resign and successfully sued for constructive discharge based on pregnancy discrimination.
Example 6: Restaurant Server Forced on Unpaid Leave
Carmen was a server at a busy restaurant. When she began showing at four months pregnant, her manager told her she had to go on unpaid leave because “customers don’t want to see a pregnant belly.” Carmen’s doctor had cleared her to work, and she needed the income. She filed a discrimination claim and received compensation for lost wages during the forced leave period.
Frequently Asked Questions
Q: Do I have to tell my employer I’m pregnant?
A: No, you are not legally required to disclose your pregnancy. However, you will need to inform your employer if you want to request pregnancy accommodations or take Pregnancy Disability Leave. Many employees choose to wait until after the first trimester to announce their pregnancy.
Q: Can my employer ask for proof that I’m pregnant?
A: If you request accommodations or leave, your employer can request medical documentation from your healthcare provider confirming your pregnancy and any limitations or need for leave. However, they cannot demand excessive medical details.
Q: What if I’m fired for poor performance while pregnant?
A: Employers can still discipline or terminate pregnant employees for legitimate performance or conduct issues. However, if the timing is suspicious (shortly after announcing pregnancy), the stated reasons are pretextual, or you were treated differently than non-pregnant employees, you may have a discrimination claim. Document your performance history and any disparate treatment.
Q: Am I protected if I work for a small company?
A: California’s pregnancy discrimination laws apply to employers with five or more employees. If your employer has fewer than five employees, you may still have protections under other laws, such as disability discrimination laws if your pregnancy-related condition qualifies as a disability.
Q: Can I be required to provide a doctor’s note to return to work after pregnancy leave?
A: Yes, employers can require a fitness-for-duty certification before you return from PDL, just as they would for any other medical leave. However, they cannot impose more burdensome requirements on pregnant employees than on other employees returning from medical leave.
Related Topics
- California Workplace Discrimination: Overview of all discrimination protections in California
- California Leave Laws: Comprehensive guide to PDL, CFRA, PFL, and how they interact
- disability discrimination: Rights for pregnancy-related disabilities and accommodations
- California – Sex Discrimination: Gender-based discrimination that often overlaps with pregnancy discrimination
- workplace retaliation: Protection for reporting pregnancy discrimination
- California – Filing a Claim: Steps to file a pregnancy discrimination complaint with CRD or EEOC
Take Action
If you believe you’ve experienced pregnancy discrimination, you don’t have to face it alone. California law provides strong protections for pregnant workers, and you have legal options.
Document everything: Keep records of discriminatory comments, denied accommodations, changes in treatment, and any adverse employment actions.
Report internally: If your company has an HR department or discrimination complaint process, consider reporting the discrimination internally (though this is not required).
File a complaint: You can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). You generally have three years from the discriminatory act to file with CRD.
Consult an employment attorney: An experienced employment lawyer can evaluate your case, help you understand your options, and represent you in negotiations or litigation.
Don’t let pregnancy discrimination go unchallenged. Your rights are protected under California law.
Legal Disclaimer
This article provides general information about pregnancy discrimination laws in California and is not legal advice. Employment discrimination cases are highly fact-specific, and the outcome of your case will depend on your unique circumstances. For advice about your specific situation, consult with a qualified California employment attorney. This information is current as of the last updated date shown above, but laws and regulations change over time. Always verify current legal requirements with a legal professional.
References
- California Fair Employment and Housing Act (FEHA), Government Code § 12900 et seq.
- California Pregnancy Disability Leave regulations, Government Code § 12945
- California Labor Code § 1031 (lactation accommodation)
- California Family Rights Act (CFRA), Government Code § 12945.2
- California Civil Rights Department (CRD) guidance on pregnancy discrimination
- State Disability Insurance (SDI) and Paid Family Leave (PFL) programs