Pregnancy Discrimination

Labor Law PC represents employees only, never employers. From our Santa Monica office, our attorneys handle pregnancy discrimination cases for workers throughout Los Angeles, in hospitals, restaurants, studios, offices, warehouses, and retail stores. We understand the stakes: you are supporting a growing family, you likely need your health insurance more than ever, and you should not have to trade a healthy pregnancy for a paycheck. Consultations are free and confidential, and we take no fee unless we win.

This page explains what pregnancy discrimination looks like, the California and federal laws that prohibit it, and the steps that protect your claim. For leave rights and pumping accommodations, see our companion pages on pregnancy disability leave and lactation accommodation, or start with the full pregnancy rights overview.

What Pregnancy Discrimination Looks Like

Discrimination is any less favorable treatment because of pregnancy, childbirth, breastfeeding, or a related medical condition. In real workplaces it shows up as:

• Demoted or fired after announcing. The most common pattern we see: within weeks of disclosure, a stellar employee develops "performance issues," gets written up, or is included in a one-person "restructuring."
• Hiring bias. An interview goes cold after your pregnancy becomes visible or mentioned, an offer is withdrawn, or you are asked illegal questions about family plans. Job applicants are protected, not just employees.
• Cut hours, lost shifts, worse assignments. Managers who quietly schedule pregnant workers less, pull them off commission-rich accounts, or reassign them to dead-end duties.
• Denied promotions or training. Being passed over because you will "be out anyway" or are "not committed right now."
• Forced leave or forced light duty. Sidelining a pregnant employee who can do her job, without her request, is discrimination even when framed as concern.
• Harassment. Degrading comments about your body, your commitment, or your choice to have children, persistent enough to poison the work environment.
• Pushed out on return. Coming back from maternity leave to a diminished role or a "position eliminated" letter. Leave retaliation and discrimination often travel together.

If several of these ring true, start writing down dates and saving documents now, while memories and evidence are fresh.

Pregnancy Discrimination Laws: FEHA and the Federal PWFA

California's FEHA: the strongest protection

The Fair Employment and Housing Act (FEHA) treats pregnancy discrimination as sex discrimination and expressly covers pregnancy, childbirth, breastfeeding, and related medical conditions. Key advantages of California law:

• Small employers are covered. FEHA applies to employers with 5 or more employees; harassment protections apply to employers of any size.
• No damages caps. Unlike federal claims, FEHA damages for lost pay, emotional distress, and punitive damages are not capped by statute.
• Related conditions count. Severe morning sickness, gestational diabetes, postpartum depression, miscarriage, and recovery from childbirth are all protected conditions.
• Perception and association matter. You are protected even if the employer only assumed you were pregnant or planning to be.

FEHA also requires reasonable accommodation of pregnancy-related conditions and prohibits retaliation against anyone who requests accommodations, takes protected leave, or complains about discrimination.

The federal Pregnant Workers Fairness Act (PWFA)

Since June 2023, the federal PWFA requires employers with 15 or more employees to reasonably accommodate known limitations related to pregnancy and childbirth, closing a long-standing gap in federal law. Title VII's Pregnancy Discrimination Act separately bans pregnancy-based discrimination nationwide. For most Los Angeles workers, FEHA remains the stronger tool, but federal claims can add leverage, and we evaluate both.

Proving it

Employers almost never say the quiet part out loud. Discrimination is proven with timing (adverse action close to your announcement), shifting or false explanations, comparisons to how non-pregnant coworkers were treated, statistical patterns, and stray remarks ("we need someone reliable right now"). The paper trail you keep today becomes the backbone of that proof.

Deadlines

FEHA claims generally must be filed with the California Civil Rights Department (CRD) within 3 years of the discriminatory act, and suit filed within 1 year of a right-to-sue notice. Federal claims through the EEOC run on much shorter clocks. Deadlines vary by claim, so do not wait to get advice.

What to Do if You Are Facing Pregnancy Discrimination

1. Document the before and after. Save performance reviews, praise emails, and sales numbers from before your announcement, then log every change that followed, with dates.
2. Report it in writing. A short, factual complaint to HR creates a record and triggers the employer's duty to act. Keep a copy outside company systems.
3. Do not resign in the heat of the moment. Quitting can complicate claims. If conditions are intolerable, talk to a lawyer first about your options.
4. Be careful with severance offers. They almost always ask you to waive your discrimination claims, and they are negotiable.
5. Call us for a free case review. We will map your FEHA, PWFA, leave, and retaliation claims and handle the CRD filing.

You may be entitled to lost wages and benefits, emotional distress damages, punitive damages, and attorney's fees. No result can be promised, but California law gives pregnant workers real remedies and we know how to pursue them.

Frequently Asked Questions

• Is it illegal to fire someone for being pregnant in California?

  Yes. Termination because of pregnancy, childbirth, or a related condition violates FEHA, no matter how the employer labels the decision. Timing and pretext evidence can expose the real reason.

• Can an employer ask if I am pregnant or plan to have kids in an interview?

  California employers should not ask about pregnancy or family plans, and refusing to hire you on that basis is unlawful discrimination. If it happened to you, write down the questions and who asked them as soon as possible.

• Do I have a case if I was put on a "performance plan" right after announcing?

  Possibly. A sudden performance plan after years of good reviews is a classic pretext pattern. The strength of the case depends on your record, the timing, and how comparable coworkers were treated. That is exactly what a free consultation sorts out.

• I work for a company with 8 employees. Am I protected?

  Yes. FEHA covers employers with 5 or more employees, and its harassment protections apply regardless of size. Small-business status is not a license to discriminate in California.

• What is my pregnancy discrimination case worth?

  It depends on your lost earnings, the emotional harm, the strength of the evidence, and the employer's conduct. Be skeptical of anyone quoting numbers before learning the facts. We will give you an honest assessment, free of charge.

Related Practice Areas

• Pregnancy Rights - the complete guide to California pregnancy protections
• Pregnancy Disability Leave - up to 4 months of job-protected leave, plus CFRA bonding time
• Lactation Accommodation - pumping breaks and private space when you return to work

Get a Free Pregnancy Discrimination Case Review

If your career took a hit because of your pregnancy, the law is on your side and the clock is running. Call (877) 775-2267 or contact Labor Law PC for a free, confidential consultation. Employees only, no fees until we win.