Pregnancy Discrimination
Pregnancy should be a time of joy, not workplace anxiety. California provides some of the most comprehensive protections for pregnant employees in the nation — and employers who violate those protections face serious consequences.
Employment Law
Pregnancy Discrimination and Your Rights Under California Law
Pregnant employees in California enjoy some of the strongest workplace protections anywhere in the country. Multiple overlapping state and federal laws ensure that you cannot be fired, demoted, or penalized for becoming pregnant, giving birth, or needing time to bond with your new child. At The Law Offices of Farris Ain, we represent employees whose employers have violated these critical protections—and we fight to make sure those employers are held fully accountable.
FEHA: Prohibition on Pregnancy Discrimination
The Fair Employment and Housing Act (FEHA), under Government Code section 12945, expressly prohibits discrimination based on pregnancy, childbirth, breastfeeding, or any related medical condition. This protection applies to employers with five or more employees and covers every aspect of the employment relationship:
- Hiring and recruitment
- Promotions and advancement
- Compensation and benefits
- Job assignments and transfers
- Discipline and termination
- Leave and accommodations
FEHA makes it illegal for an employer to treat you differently because you are pregnant, planning to become pregnant, or have recently given birth. This includes making assumptions about your ability to perform your job, your commitment to your career, or your plans to return after leave.
Pregnancy Disability Leave (PDL)
Under Government Code section 12945, California employers with five or more employees must provide Pregnancy Disability Leave (PDL) of up to four months (approximately 17.3 weeks) per pregnancy. PDL covers the period during which an employee is disabled by pregnancy, childbirth, or a related medical condition. Key features of PDL include:
- No minimum tenure required: Unlike some other leave laws, PDL is available from your first day of employment
- Intermittent leave: PDL can be taken all at once or intermittently as medically needed
- Health insurance continuation: Your employer must maintain your health insurance during PDL on the same terms as if you were still working
- Reasonable accommodation: Your employer must provide reasonable accommodations for conditions related to pregnancy, including modified duties, temporary transfer, or additional breaks
- Right to reinstatement: After PDL, you have the right to return to the same or a comparable position
California Family Rights Act (CFRA)
In addition to PDL, the California Family Rights Act (CFRA), Government Code section 12945.2, provides eligible employees up to 12 weeks of unpaid, job-protected leave to bond with a new child—whether by birth, adoption, or foster care placement. CFRA applies to employers with five or more employees. To be eligible, you must have:
- Worked for the employer for at least 12 months
- Worked at least 1,250 hours during the 12 months before the leave begins
CFRA baby-bonding leave is in addition to PDL. This means a pregnant employee may be entitled to up to four months of PDL for the pregnancy and childbirth recovery period, followed by up to 12 weeks of CFRA leave for bonding—for a combined total of roughly seven months of job-protected leave.
Federal FMLA Comparison
The federal Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, job-protected leave for eligible employees at employers with 50 or more employees within 75 miles. While FMLA provides important protections, California’s laws are significantly more generous:
- CFRA applies to employers with 5+ employees (FMLA requires 50+)
- California provides PDL in addition to CFRA, whereas FMLA provides only 12 weeks total
- CFRA has no distance requirement (FMLA requires 50+ employees within 75 miles)
Transfer and Accommodation Rights
Pregnant employees have the right to request a transfer to a less strenuous or hazardous position if medically advisable. Employers must grant this transfer if it can be reasonably accommodated. Other accommodations may include:
- Modified work duties or schedules
- More frequent breaks
- Permission to sit instead of stand
- Temporary assignment to a different role
- Work-from-home arrangements
Lactation Accommodation Requirements
Under Labor Code sections 1030–1033, California employers must provide employees who are breastfeeding with:
- A reasonable amount of break time to express breast milk
- A private room (not a bathroom) in close proximity to the employee’s work area, shielded from view and free from intrusion
- Access to a sink with running water and a refrigerator or other cooling device for storing milk
Employers who fail to provide these accommodations are subject to penalties, and employees may file complaints with the Labor Commissioner.
Employer Obligations During and After Leave
Your employer has specific obligations regarding your return from pregnancy-related leave:
- Reinstatement rights: You must be returned to the same position or a comparable position with equivalent pay, benefits, and working conditions
- No retaliation: Your employer cannot penalize you for taking leave, requesting accommodations, or filing a complaint
- Continued benefits: Health insurance and other benefits must be maintained during leave
- No negative inferences: Time taken for pregnancy leave cannot be used against you in performance evaluations, promotion decisions, or layoff selections
Common Examples of Pregnancy Discrimination
We have represented clients who experienced a wide range of pregnancy-related discrimination, including:
- Failure to accommodate: Refusing to grant modified duties, breaks, or schedule changes recommended by a physician
- Termination during or after leave: Being fired while on pregnancy disability leave or shortly after returning—often with a pretextual reason
- Denial of promotion: Being passed over for advancement because the employer assumes pregnancy will affect commitment or performance
- Constructive discharge: Making working conditions so intolerable that a pregnant employee feels forced to resign
- Position elimination: Claiming the employee’s position was eliminated during leave, when in fact the duties were simply reassigned
- Harassment: Unwelcome comments about the employee’s pregnancy, body, ability to do the job while pregnant, or plans to return after leave
- Refusal to reinstate: Failing to return the employee to the same or a comparable position after leave
Damages and Remedies
Employees who prevail in pregnancy discrimination claims may be entitled to:
- Back pay: Lost wages and benefits from the date of discrimination
- Front pay: Future lost earnings when reinstatement is not practical
- Compensatory damages: Compensation for emotional distress, humiliation, and mental anguish
- Punitive damages: Additional damages to punish the employer for egregious or malicious conduct
- Attorney’s fees and costs: Reimbursement of legal expenses
- Reinstatement: Return to your former position with full benefits
“Becoming a parent should never cost you your career. California law ensures that employers cannot punish you for starting or growing your family.”
Your Leave Entitlements at a Glance
California provides multiple overlapping leave protections. Here is how they compare.
Pregnancy Disability Leave
Gov Code § 12945
CFRA Baby Bonding
Gov Code § 12945.2
Federal FMLA
29 U.S.C. § 2601 et seq.
Know Your Rights
California law guarantees pregnant employees these fundamental workplace protections.
Right to Reinstatement
After PDL or CFRA leave, you must be returned to the same position or a comparable one with equivalent pay, benefits, and working conditions. Your employer cannot give your job away while you are on leave.
Right to Accommodations
Your employer must provide reasonable accommodations for pregnancy-related conditions, including modified duties, more frequent breaks, temporary transfers, and schedule adjustments recommended by your doctor.
Right to Lactation Breaks
Employers must provide reasonable break time and a private room (not a bathroom) with access to a sink and refrigerator for expressing breast milk. This applies for as long as you are breastfeeding.
Right Against Retaliation
Your employer cannot penalize you for taking leave, requesting accommodations, or filing a complaint about pregnancy discrimination. Any adverse action motivated by your pregnancy is unlawful retaliation.
Frequently Asked Questions
Can I be fired while on pregnancy disability leave?
Generally, no. California law prohibits employers from terminating an employee because she is on pregnancy disability leave or because of her pregnancy-related condition. While on PDL, you have the right to continued health insurance and the right to return to the same or a comparable position. However, an employer may argue that the termination was for a legitimate, non-discriminatory reason unrelated to your pregnancy — such as a company-wide layoff that was planned before your leave. If your employer fires you during or shortly after pregnancy leave, the timing alone creates a strong inference of discrimination, and you should consult an attorney immediately.
What if my employer says my position was eliminated while I was on leave?
This is one of the most common pretexts employers use to disguise pregnancy discrimination. While legitimate restructurings do occur, courts closely scrutinize position eliminations that coincide with pregnancy leave. Key factors include: Was the elimination planned before your leave began, or decided during it? Were your duties actually eliminated, or simply reassigned to other employees? Were other non-pregnant employees in similar roles also affected? Was a new hire brought in to perform substantially similar work under a different title? If the answers suggest your position was targeted because of your leave, you likely have a strong discrimination claim. Document everything and consult an attorney before accepting any severance offer.
How much leave am I entitled to total for pregnancy and bonding?
In California, a pregnant employee may be entitled to up to approximately seven months of job-protected leave total. This breaks down as: up to four months (about 17.3 weeks) of Pregnancy Disability Leave (PDL) for the period of disability related to pregnancy, childbirth, and recovery; followed by up to 12 weeks of California Family Rights Act (CFRA) leave for baby bonding. PDL and CFRA run consecutively, not concurrently, because PDL is for disability and CFRA bonding leave is for a separate purpose. If you are also eligible for federal FMLA, the 12-week FMLA period runs concurrently with PDL (not CFRA), so it does not add additional time. The exact duration depends on your specific medical situation and your eligibility for each type of leave.
Can my employer deny me accommodations for pregnancy-related conditions?
No, if the accommodation is medically necessary and reasonable. Under FEHA (Government Code section 12945), employers with five or more employees must provide reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions. This includes modified duties, more frequent breaks, permission to sit rather than stand, temporary transfer to a less strenuous position, and adjusted work schedules. Your employer must engage in a good-faith interactive process to determine appropriate accommodations. They can only deny an accommodation if it would impose an undue hardship on the business — a high bar that requires the employer to demonstrate significant difficulty or expense. A simple doctor's note requesting the accommodation is typically sufficient to trigger the employer's obligation.
Facing Workplace Discrimination Because of Your Pregnancy?
California law protects your right to take leave, receive accommodations, and return to your job. If your employer violated those rights, we are ready to fight for you.