Finding out you are pregnant should be a time of excitement, not anxiety about whether you will still have a job. If you are a working mother in California and your employer has recently terminated you or started treating you differently after learning about your pregnancy, you may be wondering whether that is legal.
The short answer is no. California law makes it illegal for an employer to fire you because you are pregnant; doing so would likely constitute pregnancy discrimination. However, at-will employment rules and the way employers frame these terminations can make it difficult to know for certain whether your pregnancy was the real reason behind the decision. Learning about the laws that protect you is an important first step.
What Laws Protect Pregnant Employees in California?
Several state and federal laws work together to protect pregnant workers from discrimination in the workplace. The most important of these include:
- The Fair Employment and Housing Act (FEHA): Prohibits employers with five or more workers from discriminating against employees based on pregnancy, childbirth, or related medical conditions
- The Pregnancy Disability Leave Law (PDL): Requires employers to provide up to four months of job-protected leave for pregnancy-related disabilities under Government Code § 12945
- The California Family Rights Act (CFRA): Provides an additional 12 weeks of job-protected bonding leave after the disability period ends
- The federal Pregnant Workers Fairness Act (PWFA): Requires employers with 15 or more workers to provide reasonable accommodations for pregnancy-related limitations
Under these laws, your employer cannot treat you unfairly because of your pregnancy. They also cannot retaliate against you for requesting accommodations, nor for taking protected leave. When your leave ends, your employer is required to return you to the same position or a comparable one.
What Does Pregnancy Discrimination Look Like?
Pregnancy discrimination does not always look like a straightforward termination. Employers often try to disguise it behind seemingly neutral business decisions. Some common warning signs include:
- Being let go shortly after announcing your pregnancy or requesting leave
- Receiving sudden negative performance reviews after years of positive feedback
- Having your schedule changed in ways that make it impossible to continue working
- Being passed over for a promotion that you were previously in line for
- Having your position “eliminated” while you are out on leave, only to see it filled by someone else after you are gone
California is an at-will employment state, which means your employer can terminate you for legitimate business reasons at any time. However, pregnancy cannot be one of those reasons. If the timing and circumstances suggest that your pregnancy played a role in the decision, that termination may be unlawful.
What Should I Do if I Was Fired Because of My Pregnancy?
If you believe your employer terminated you because of your pregnancy, there are several steps you can take to protect yourself:
- Document everything, including emails, text messages, performance reviews, and any conversations where your pregnancy was discussed
- File a complaint with the California Civil Rights Department (CRD), which investigates claims of workplace discrimination under FEHA
- Consult with an employment attorney who can evaluate your situation and advise you on whether to pursue a lawsuit
You may be entitled to compensation that includes back pay, front pay, emotional distress damages, and attorney’s fees. In cases involving especially harmful conduct, punitive damages may also be available.
Contact Fairchild Employment Law for Legal Help
No one should lose their job for starting a family. If you believe you were fired because of your pregnancy, Fairchild Employment Law can help you understand your rights and take action against your employer.
Our founding attorney spent 15 years on the defense side and knows exactly how employers try to justify these decisions. Call us today at (619) 853-2713 to schedule an initial free consultation.