Can You Be Fired for Being Pregnant in California?

No. Firing someone for being pregnant is illegal in California.

Under California law, your employer cannot terminate you, demote you, or treat you unfairly because you’re pregnant.

But here’s what makes people nervous: employers rarely come out and say, “We’re firing you because you’re pregnant.” They find other reasons. Suddenly, your performance isn’t good enough. Or the company is “restructuring.” Or your position is being “eliminated.”

If you’ve been fired or mistreated at work after announcing your pregnancy, you need to understand your rights under California law.

What California Law Says About Pregnancy Discrimination

California provides some of the strongest pregnancy protections in the nation through multiple overlapping laws.

California Fair Employment and Housing Act (FEHA)

Under FEHA (Government Code Section 12940), employers with five or more employees cannot discriminate against workers based on pregnancy, childbirth, or related medical conditions.

This means your employer cannot:

• Fire you because you’re pregnant
• Refuse to hire you because you’re pregnant
• Pass you over for promotion because you’re pregnant
• Reduce your hours or pay because you’re pregnant
• Force you to take leave before you’re ready
• Retaliate against you for requesting pregnancy accommodations

Pregnancy Disability Leave (PDL)

California’s Pregnancy Disability Leave law (Government Code Section 12945) gives you up to four months of job-protected leave for pregnancy-related disabilities.

• Your employer must hold your position or offer you a comparable one when you return.
• They must continue your health benefits under the same terms.
• And they absolutely cannot fire you for taking PDL.

California Family Rights Act (CFRA)

After PDL, you may be eligible for an additional 12 weeks of CFRA leave for baby bonding. As of 2021, CFRA applies to employers with just five employees.

This gives California workers far more protection than federal law provides.

Federal Protections Add Another Layer

California law is stronger, but federal protections also apply.

Title VII of the Civil Rights Act

Title VII prohibits sex discrimination, including pregnancy discrimination. The Pregnancy Discrimination Act amended Title VII to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is sex discrimination.

This applies to employers with 15 or more employees.

Pregnant Workers Fairness Act (PWFA)

The PWFA, which took effect in 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Your employer cannot force you to take leave if another reasonable accommodation would let you keep working.

Americans with Disabilities Act (ADA)

While pregnancy itself isn’t a disability under the ADA, pregnancy-related conditions like gestational diabetes or severe morning sickness may qualify.

If you develop a disability related to pregnancy, your employer must provide reasonable accommodations.

When Employers Cross the Line

Pregnancy discrimination doesn’t always look like a direct firing. It can be subtle.

Common Forms of Pregnancy Discrimination

• Sudden “Performance Issues”: You’ve received positive reviews for years. Then you announce your pregnancy, and suddenly your work isn’t good enough.
• Being Passed Over: You were in line for a promotion. After announcing your pregnancy, the promotion goes to someone less qualified.
• Reduced Responsibilities: Your employer starts giving your assignments to other employees or excludes you from important projects.
• Hostile Comments: Coworkers or supervisors make comments like “she won’t be as committed after the baby” or “we can’t count on her anymore.”
• Forced Leave: Your employer pressures you to take leave before you’re ready or before it’s medically necessary.
• Denial of Accommodations: You request simple accommodations like more frequent bathroom breaks or a stool to sit on, and your employer refuses.

Courts understand that discriminatory intent often hides behind “legitimate” business reasons.

If you were a valued employee with no performance issues, and then suddenly you’re fired shortly after announcing your pregnancy, that timing suggests discrimination.

If your employer claims they’re eliminating your position due to “restructuring,” but they hire someone to do your job with a different title, that could be evidence of pretext.

What About “At-Will” Employment?

California is an at-will employment state. This means employers can generally fire employees for any reason or no reason. But there are exceptions.

Employers cannot fire you for an illegal reason. Pregnancy discrimination is an illegal reason.

Your at-will status doesn’t give your employer a free pass to violate your civil rights.

You Have the Right to Reasonable Accommodations

Under California law, your employer must provide reasonable accommodations for pregnancy-related conditions.

Reasonable accommodations might include:

• More frequent breaks
• A stool or chair to sit on
• Temporary transfer to less strenuous duties
• Modified work schedule
• Time off for prenatal appointments
• Allowing you to keep a water bottle at your workstation

Your employer can only deny an accommodation if it would cause “undue hardship” – a high bar that means significant difficulty or expense.

What to Do If You’ve Been Fired While Pregnant

The steps you take now can make or break your case.

Talk to an Employment Law Attorney

Pregnancy discrimination cases involve complex laws and strict deadlines.

An experienced attorney can evaluate your case, preserve evidence, and handle communications with your employer while you focus on your pregnancy and your family.

Document Everything

Save all communications about your pregnancy, any accommodation requests, and your termination.

Create a timeline of events. When did you announce your pregnancy? When did your treatment at work change? When were you fired?

Gather any positive performance reviews, awards, or emails praising your work.

Request Your Personnel File

Under California Labor Code Section 1198.5, you have the right to inspect and copy your personnel records.

This file may contain performance evaluations, disciplinary records, or other evidence that contradicts your employer’s stated reason for firing you.

File Administrative Complaints

You have three years from the discriminatory act to file a complaint with California’s Civil Rights Department (CRD).

For federal claims, you typically have 300 days to file with the Equal Employment Opportunity Commission (EEOC).

But don’t wait. Evidence disappears. Witnesses forget. File promptly.

What You Can Recover

Successful pregnancy discrimination claims can result in significant compensation:

• Back Pay: Lost wages from your termination until case resolution
• Front Pay: Future lost earnings if you can’t return to your job
• Benefits: Value of lost health insurance, retirement contributions, and other benefits
• Emotional Distress: Compensation for anxiety, depression, and psychological harm
• Punitive Damages: Additional damages to punish particularly egregious conduct
• Attorney’s Fees: Your employer may be required to pay your legal costs

Thousands of California women face pregnancy discrimination every year. You didn’t do anything wrong by getting pregnant. You didn’t do anything wrong by expecting your employer to follow the law.

And you don’t have to accept illegal treatment.

Get Legal Help for Pregnancy Discrimination in California.

If you’ve been fired, demoted, or mistreated at work because of your pregnancy, you may have a strong case for pregnancy discrimination.

At TONG LAW, we represent employees exclusively – never employers. We understand California’s pregnancy protection laws inside and out, and we know how to hold employers accountable.

We serve clients throughout the Bay Area, including Oakland, San Francisco, Sacramento, and surrounding communities.

Contact us today for a confidential consultation. Let’s discuss your situation and your options for moving forward.