No. Under California’s Fair Employment and Housing Act, it is illegal for an employer to cut your hours because of your pregnancy. FEHA treats pregnancy discrimination as a form of sex discrimination, and that protection extends to any adverse action your employer takes against you on the basis of pregnancy or a related medical condition. This applies to any California employer with five or more workers on staff.
How Does California Law Protect Pregnant Workers from Hour Reductions?
The FEHA is the primary state statute that shields pregnant employees from workplace discrimination. It prohibits employers from treating a worker differently because she is pregnant or has a condition related to pregnancy or childbirth. That protection is broader than its federal counterpart, which only applies to employers with 15 or more employees.
In terms of federal statutes, the Pregnancy Discrimination Act reinforces the same principle. The Pregnant Workers Fairness Act was passed more recently and adds another layer by requiring covered employers to provide reasonable accommodations for limitations tied to pregnancy. Overall, the legal framework here leaves very little room for an employer to justify reducing a pregnant employee’s hours.
Forcing a pregnant worker to take leave before she is ready, or scaling back her responsibilities without her consent, can constitute pregnancy discrimination even if the employer frames it as a concern for her well-being.
Your Right to Reasonable Accommodations During Pregnancy
California law requires employers to engage in an interactive process when a pregnant employee requests an accommodation. This could mean anything from adjusting your work to allowing more frequent breaks. The goal is to keep you working safely without penalizing you for your pregnancy.
If your condition reaches the point where you cannot perform the essential functions of your job, you may be entitled to Pregnancy Disability Leave. PDL provides up to four months of job-protected, unpaid leave for employees who are disabled by pregnancy or childbirth. Once that leave ends, you have the right to return to the same position or a comparable one.
What your employer cannot do is bypass the accommodation process entirely and unilaterally reduce your hours or remove you from your role. That shortcut is exactly what FEHA is designed to prevent.
Steps To Take if Your Employer Reduces Your Hours
If you believe your hours were cut because of your pregnancy, documenting the timeline is critical. Note when you disclosed your pregnancy and when the schedule change took effect. Save any written communications from your employer that reference your pregnancy or your ability to perform the job.
You have the right to file a complaint with the California Civil Rights Department. Under current law, you generally have three years from the date of the discriminatory act to do so. From there, you may pursue damages through an administrative process or a civil lawsuit.
Consulting with an employment attorney can help you understand which path makes the most sense for your situation. Schedule a case evaluation with Fairchild Employment Law today by calling (619) 759-7149. We have decades of combined experience helping clients with cases just like these.