Pregnancy Discrimination in California: Can You Be Fired or Treated Differently for Being Pregnant?

Pregnancy Discrimination in California: Can You Be Fired or Treated Differently for Being Pregnant?

Finding out you're pregnant can bring plenty of changes to your life. What shouldn't change simply because you're pregnant is whether you're treated fairly at work.

Unfortunately, some employees notice a dramatic shift after telling their employer about a pregnancy.

Maybe your hours suddenly get cut.

Perhaps you're passed over for a promotion you were expecting.

Your manager starts questioning whether you can still handle your job.

You're removed from important assignments.

Or you return from pregnancy-related leave only to discover that your position—or your employer's attitude toward you—has changed.

If something like this happens, it's reasonable to wonder:

Can my employer treat me differently because I'm pregnant?

In California, employees have important protections against pregnancy-related discrimination. However, not every negative employment decision involving a pregnant employee automatically qualifies as unlawful discrimination.

The circumstances—and particularly why the employer took the action—matter.

Here's what California employees should know.

What Is Pregnancy Discrimination?

Pregnancy discrimination generally involves treating an employee or job applicant unfavorably because of pregnancy, childbirth, or certain related medical conditions.

The discrimination doesn't necessarily have to involve termination.

Depending on the circumstances, pregnancy discrimination may affect decisions involving:

• Hiring

• Firing

• Promotions

• Demotions

• Pay

• Scheduling

• Job assignments

• Training opportunities

• Benefits

• Leave

• Other terms or conditions of employment

Sometimes the discrimination is obvious.

Other times, it appears as a series of smaller changes that begin after an employer learns about the pregnancy.

That timing can be important—but timing by itself doesn't necessarily prove discrimination.

Is Pregnancy Protected Under California Employment Law?

California's Fair Employment and Housing Act (FEHA) provides protections against employment discrimination based on sex, which includes pregnancy, childbirth, breastfeeding, and related medical conditions.

Federal protections may also apply.

California employees may additionally have rights involving pregnancy disability leave, reasonable accommodation, and family or medical leave depending on their circumstances and eligibility.

Because several laws can potentially overlap, pregnancy-related workplace rights can become complicated quickly.

But the basic principle is much easier to understand:

An employer generally cannot make an adverse employment decision simply because an employee is pregnant.

Can You Be Fired While Pregnant in California?

Yes—but there's an important distinction.

Being pregnant doesn't make an employee immune from termination.

An employer may still terminate a pregnant employee for a legitimate reason unrelated to pregnancy.

For example, an employer might have a legitimate reason involving:

• Documented performance problems

• Serious workplace misconduct

• A legitimate company-wide reduction in force

• Elimination of the employee's position

• Business closure

• Other lawful reasons unrelated to pregnancy

The more important question is:

Were you fired because you were pregnant, requested a pregnancy-related accommodation, took protected leave, or exercised another protected workplace right?

That's very different.

If the pregnancy or protected activity influenced the termination decision, the circumstances may deserve closer examination.

What Can Pregnancy Discrimination Look Like?

Pregnancy discrimination isn't always accompanied by someone saying, "We're firing you because you're pregnant."

Workplace decisions are rarely explained that clearly.

Instead, employees may notice changes such as the following.

1. Your Hours Are Suddenly Reduced

Imagine you've consistently worked 40 hours per week.

Shortly after telling your manager you're pregnant, your schedule drops to 20 hours.

When you ask why, your manager says:

"We figured you probably don't want to work as much right now."

Even if the employer believes it's being helpful, making assumptions about what a pregnant employee can or wants to do can create problems.

Employment decisions generally shouldn't be based on stereotypes about pregnancy.

2. You're Removed From Important Projects

Perhaps you were leading a major project or working with an important client.

After announcing your pregnancy, management gives the assignment to someone else because you'll "probably be out soon anyway."

That kind of decision may raise questions about whether pregnancy affected your employment opportunities.

3. You're Passed Over for a Promotion

You were qualified for a promotion and had been discussing advancement with management.

Then you announced your pregnancy.

Suddenly, someone else gets the position.

The employer may have had a legitimate reason for choosing another candidate.

But comments suggesting management didn't want to promote someone who would soon take leave could be significant.

4. Your Employer Questions Your Commitment

Pregnant employees sometimes encounter assumptions that they're about to become less committed to their careers.

Comments might include:

"Are you really going to come back after the baby?"

"Do you still want this much responsibility?"

"Maybe you should focus on your family."

"You're probably going to want fewer hours."

These statements don't automatically establish unlawful discrimination.

But when they're followed by demotion, reduced hours, termination, or another adverse employment action, they can become relevant to understanding the employer's motivation.

5. You're Pressured to Start Leave Earlier Than Necessary

Some employees report being encouraged—or pressured—to stop working simply because they're pregnant.

An employer shouldn't automatically decide that an employee is unable to work based solely on pregnancy.

An employee's actual limitations, medical needs, job duties, and applicable workplace protections matter.

Can an Employer Refuse to Hire You Because You're Pregnant?

Pregnancy protections can apply before you're even hired.

An employer generally shouldn't reject a qualified applicant simply because she's pregnant or because the employer assumes pregnancy will interfere with the job.

For example, imagine an applicant performs well throughout the interview process.

During a final interview, her pregnancy becomes apparent.

The interviewer asks:

"With a baby coming, are you sure this is really the right time to start a new job?"

The employer then selects a less-qualified candidate.

That sequence could raise questions about whether pregnancy influenced the hiring decision.

Again, context matters.

The fact that a pregnant applicant wasn't hired doesn't automatically establish discrimination.

But pregnancy shouldn't be the reason a qualified applicant is rejected.

What About Pregnancy-Related Work Restrictions?

Pregnancy can sometimes result in temporary medical restrictions.

An employee might need:

• Additional breaks

• A stool or chair

• Temporary modification of certain duties

• Restrictions on heavy lifting

• Schedule adjustments

• Time for medical appointments

• Transfer away from certain hazardous duties

• Other reasonable workplace changes

Depending on the circumstances, California law may require an employer to provide reasonable accommodation for pregnancy-related conditions when medically advised.

What qualifies as a reasonable accommodation depends on the particular employee, job, employer, and medical restrictions.

That's why employers and employees may need to communicate about what limitations exist and what workplace adjustments are appropriate.

Can Your Employer Cut Your Hours Because You're Pregnant?

An employer shouldn't simply reduce an employee's hours because it assumes pregnancy means she can't—or doesn't want to—work her regular schedule.

That's different from situations involving legitimate medical restrictions or accommodations requested by the employee.

The employee's wishes and actual medical limitations matter.

For example:

Situation A:
An employee's healthcare provider recommends temporarily reducing her schedule, and the employee requests that accommodation.

Situation B:
The employee has no work restrictions and wants to continue her normal schedule, but management cuts her hours because it assumes working full-time is "too much for a pregnant woman."

Those are very different situations.

Pregnancy Disability Leave in California

California provides Pregnancy Disability Leave, commonly called PDL, for eligible employees who are disabled by pregnancy, childbirth, or related medical conditions.

PDL can potentially provide up to four months of job-protected leave per pregnancy, depending on the employee's period of actual disability.

The leave doesn't necessarily have to be taken all at once.

Depending on medical need, it may be used intermittently or through a reduced work schedule.

Pregnancy Disability Leave is also distinct from some other forms of family leave.

That's important because employees sometimes assume that every pregnancy-related absence falls under the same law.

It doesn't.

Different protections can apply at different stages of pregnancy, childbirth, recovery, and bonding with a new child.

Pregnancy Leave vs. Baby-Bonding Leave

These concepts are often confused.

Pregnancy Disability Leave generally concerns periods when an employee is disabled by pregnancy, childbirth, or a related medical condition.

Baby-bonding leave concerns time to bond with a new child and may be available under laws such as the California Family Rights Act (CFRA), assuming eligibility requirements are satisfied.

Depending on the circumstances, an employee may have rights under more than one leave law.

That doesn't mean every employee automatically receives every type of leave.

Eligibility and individual circumstances matter.

What Happens When You Return From Pregnancy Leave?

Returning to work can be another point where problems emerge.

An employee may come back and discover:

• Her job has been given to someone else

• Her responsibilities have been significantly reduced

• Her schedule has changed

• Her pay has been reduced

• She's been transferred to a less desirable position

• She's suddenly receiving negative performance reviews

• Management seems to be trying to push her out

Not every post-leave change is necessarily unlawful.

Businesses change. Positions can legitimately be eliminated. Departments reorganize.

But significant negative changes immediately following protected pregnancy-related leave can understandably raise questions.

The reason for the change matters.

Can Your Employer Retaliate Because You Requested an Accommodation?

Retaliation is different from discrimination.

Discrimination generally concerns negative treatment because of pregnancy or another protected characteristic.

Retaliation generally concerns negative action because an employee exercised or attempted to exercise certain protected rights.

For example, imagine an employee provides medical documentation requesting a temporary lifting restriction.

Her supervisor becomes angry and tells her she's "making things difficult."

A week later, she's removed from the schedule.

The issue isn't simply that she's pregnant.

The employer's reaction to her accommodation request may also be relevant.

What If You Complained About Pregnancy Discrimination?

Employees may also have protections when they raise concerns about suspected pregnancy discrimination.

Suppose you tell HR:

"My supervisor keeps saying pregnant employees are unreliable, and I believe that's why my hours were reduced."

Soon afterward, you receive your first disciplinary warning in five years.

Then you're terminated.

That doesn't automatically prove retaliation.

But the timeline and surrounding circumstances could be important.

Warning Signs That Pregnancy May Have Influenced an Employment Decision

No single sign automatically proves pregnancy discrimination.

However, several circumstances together may justify taking a closer look.

Potential warning signs can include:

• A sudden negative change after announcing your pregnancy

• Pregnancy-related comments from supervisors or decision-makers

• Previously positive reviews becoming unexpectedly negative

• Reduced hours without your request

• Removal from important projects

• Being excluded from advancement opportunities

• Pressure to take leave before medically necessary

• Resistance to discussing reasonable accommodations

• Different treatment from employees with similar temporary work limitations

• Termination shortly after requesting pregnancy-related leave or accommodation

• Being replaced soon after your termination

• Your employer's explanation changing over time

Context is extremely important.

A single event may have an innocent explanation.

A pattern can tell a different story.

What Evidence Can Matter in a Pregnancy Discrimination Situation?

If you're concerned about how you're being treated, documentation may help establish a timeline of what occurred.

Potentially useful information can include:

Performance Reviews

Were your evaluations positive before your pregnancy announcement?

Did they suddenly change afterward?

Emails and Messages

Save relevant communications concerning your pregnancy, leave, accommodations, scheduling, performance, or termination.

Your Work Schedule

If your hours were reduced, records showing your schedule before and after the pregnancy announcement may help illustrate what changed.

Written Accommodation Requests

Keep copies of requests you submitted and your employer's responses.

Medical Documentation

Keep relevant documentation concerning pregnancy-related work restrictions or leave.

Witness Information

Coworkers may have heard comments or observed changes in how management treated you.

A Timeline

Write down important dates while they're still fresh in your memory.

For example:

March 3: Told supervisor I was pregnant.
March 10: Supervisor asked whether I planned to return after childbirth.
March 17: Removed from major client account.
March 24: Hours reduced.
April 2: Complained to HR.
April 18: Terminated.

A clear timeline can make it much easier to understand how events unfolded.

What Doesn't Automatically Mean Pregnancy Discrimination?

It's equally important to understand what pregnancy discrimination doesn't mean.

Being pregnant doesn't guarantee:

• Continued employment regardless of performance

• Protection from legitimate layoffs

• Immunity from workplace rules

• Automatic eligibility for every type of leave

• Every requested accommodation

• Protection from discipline unrelated to pregnancy

An employer can still make legitimate business and employment decisions involving a pregnant employee.

The central issue is whether pregnancy or protected activity improperly influenced the decision.

What If the Employer Says You Were Fired for Performance?

Performance is one of the most common explanations employers give for termination.

Sometimes it's completely legitimate.

Other times, employees question whether performance concerns are being used to disguise another reason.

Consider the history.

Were there documented performance problems before the pregnancy?

Were you previously receiving positive reviews?

Did criticism begin only after your pregnancy announcement?

Were other employees making similar mistakes without being disciplined?

Did the employer follow its normal disciplinary procedures?

Did the explanation for your termination change?

These facts may help provide context.

What If You Were Laid Off While Pregnant?

Pregnant employees can be included in legitimate layoffs.

Pregnancy doesn't require an employer to preserve a position that would otherwise legitimately be eliminated.

But pregnancy also shouldn't be used as a reason to select someone for a layoff.

Questions might arise if, for example:

• Your position supposedly disappeared but was quickly refilled

• You were the only employee selected despite stronger performance

• Management previously expressed concern about your upcoming leave

• The employer's explanation doesn't match what actually happened

Again, being pregnant during a layoff doesn't automatically mean discrimination occurred.

The reason you were selected is what matters.

What Should You Do If You Think You're Experiencing Pregnancy Discrimination?

If something at work doesn't seem right, begin by preserving information.

Document dates, conversations, employment changes, and relevant communications.

Keep copies of records you're legally entitled to retain.

If you raise the issue internally, document the complaint and any response you receive.

And if you've already been fired, demoted, denied an accommodation, or experienced another serious employment action, consider speaking with an experienced California employment attorney who can evaluate the specific circumstances.

Employment laws have deadlines, and waiting too long can affect available options.

Pregnancy Shouldn't Cost You Your Career

Pregnancy can change many things in your life.

It shouldn't automatically change your value as an employee.

California workers have important protections involving pregnancy discrimination, reasonable accommodation, pregnancy-related leave, and retaliation.

At the same time, determining whether a particular workplace decision was unlawful depends heavily on the facts.

That's why understanding the timeline—and the employer's actual reason for taking action—is so important.

If your treatment at work suddenly changed after you announced your pregnancy, requested an accommodation, took pregnancy-related leave, or raised concerns about discrimination, it may be worth having the circumstances reviewed.

Think Your Pregnancy Affected How You Were Treated at Work?

If you were fired, demoted, had your hours reduced, were denied a pregnancy-related accommodation, or experienced another serious workplace action in California, Justice Guys can help you understand what to do next.

Justice Guys is not a law firm. We help California workers connect with employment attorneys who can review the circumstances of their situation and explain their potential options.

Request a free case review today to find out whether your situation may warrant further evaluation.

This article provides general educational information and is not legal advice. Employment laws and individual circumstances vary. Consult a qualified attorney regarding your specific situation.

Frequently Asked Questions About Pregnancy Discrimination in California

Can my employer fire me because I'm pregnant in California?

An employer generally cannot terminate an employee simply because she is pregnant. However, pregnancy doesn't prevent an employer from terminating someone for a legitimate, lawful reason unrelated to pregnancy.

Can my employer reduce my hours because I'm pregnant?

An employer generally shouldn't reduce an employee's hours simply because it assumes pregnancy makes her unable or unwilling to work her normal schedule. Medical restrictions, requested accommodations, and other legitimate circumstances may affect scheduling.

Does my employer have to accommodate pregnancy restrictions?

California law may require reasonable accommodation for pregnancy-related conditions when medically advised. The appropriate accommodation depends on the employee's limitations, job duties, and individual circumstances.

Can I be denied a promotion because I'm going on maternity leave?

An employer generally shouldn't deny an employment opportunity because of pregnancy or assumptions about pregnancy-related leave. The specific circumstances surrounding the decision matter.

Can I be fired after returning from pregnancy leave?

An employee can potentially be terminated after returning from leave for legitimate reasons unrelated to the leave or pregnancy. However, termination connected to protected leave, pregnancy discrimination, or retaliation may raise legal concerns.

Is pregnancy discrimination the same as retaliation?

No. Pregnancy discrimination generally involves unfavorable treatment because of pregnancy or a related protected condition. Retaliation generally involves negative action because an employee exercised certain protected rights, such as requesting an accommodation or reporting suspected discrimination.

What should I document if I think I'm experiencing pregnancy discrimination?

Consider preserving relevant emails, messages, schedules, performance reviews, accommodation requests, medical documentation, and notes showing when important events occurred. A chronological timeline can also be helpful.

Is Justice Guys a law firm?

No. Justice Guys helps connect California workers with employment attorneys who can evaluate their circumstances and explain potential options.

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