California Pregnancy Discrimination Lawyer
Table of Contents
- Why Employees Choose Abramson Labor Group
- What Is Pregnancy Discrimination in California?
- Can You Be Fired for Being Pregnant in California?
- California Law vs. the Federal Pregnancy Discrimination Act
- Your Rights During Pregnancy
- Pregnancy Leave and Baby Bonding Leave
- Breastfeeding and Lactation Breaks
- Can My Employer Retaliate If I Ask for Leave or Accommodation?
- How Much Money Can You Win in a Pregnancy Discrimination Case?
- How Long Do I Have to Act?
- Serving Employees Across California
- Frequently Asked Questions
- How much does a pregnancy discrimination attorney cost?
- Can an employer refuse to hire a pregnant woman?
- Can you give an example of pregnancy harassment?
- How do you win a pregnancy discrimination case?
- What are some examples of maternity discrimination?
- Do I need a doctor’s note to get a pregnancy accommodation?
- Can my employer force me to go on leave?
- Can my employer fire me while I am on pregnancy leave?
- Can I still sue while I work there?
- Does my employer have to give me time to pump at work?
- What records should I keep?
- Talk to a Pregnancy Discrimination Lawyer
- California law treats pregnancy, childbirth, breastfeeding, and related medical conditions as sex discrimination. Employers with 5 or more employees cannot fire, demote, or refuse to hire you for them.
- If you are disabled by pregnancy, you may take up to 4 months of Pregnancy Disability Leave, and your employer must continue your group health benefits.
- Your employer must provide reasonable accommodation when you request it with your health care provider’s advice. It may also need to temporarily transfer you to a less strenuous position.
- After the baby arrives, eligible employees can take up to 12 weeks of CFRA leave to bond with the child.
- Employers must give a reasonable amount of break time to express breast milk each time you need to.
- California’s protections start at 5 employees. Federal pregnancy laws start at 15.
If you were fired, demoted, or treated worse because you are pregnant, recently gave birth, or are breastfeeding, a California pregnancy discrimination lawyer can help you understand your rights and options. Abramson Labor Group is an employee-side law firm: we represent employees, never employers, in pregnancy and maternity discrimination and pregnancy leave claims. Our case reviews are free and confidential, and we work on contingency.
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Founding Partner
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Employees Choose Abramson Labor Group
- Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
- Pregnancy results. Our case results include $500,000 and $270,000 for clients who were discriminated against and wrongfully terminated based on pregnancy. Every case is different. Past results do not guarantee a similar outcome.
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
What Is Pregnancy Discrimination in California?
California’s Fair Employment and Housing Act (FEHA) bars employers with 5 or more employees from discriminating because of sex (Government Code section 12940(a)). Under Government Code section 12926(r), “sex” includes “pregnancy or medical conditions related to pregnancy,” “childbirth or medical conditions related to childbirth,” and “breastfeeding or medical conditions related to breastfeeding.” That means firing, demoting, cutting pay, or refusing to hire someone for these reasons is sex discrimination. See our gender discrimination page for related protections.
Harassment counts too. The EEOC states that “it is unlawful to harass a worker because of pregnancy, childbirth, or a medical condition” related to them. Our sexual harassment page explains how harassment claims work in California.
Our article on how to prove pregnancy discrimination at work in California covers the evidence that often matters.
- You were fired, demoted, or had your hours cut soon after announcing your pregnancy
- You were passed over for a promotion or not hired because you are pregnant
- Your duties were taken away or changed without your consent after you shared the news
- Your employer refused a change your doctor recommended, such as more breaks or no heavy lifting
- You were denied leave or not allowed to return to your job after leave
- You were not given time or a place to pump breast milk
- Supervisors or coworkers made comments about your pregnancy, leave, or pumping
Can You Be Fired for Being Pregnant in California?
No. An employer with 5 or more employees cannot fire you, refuse to hire you or demote you because you are pregnant, gave birth or are breastfeeding (Gov. Code 12940(a) and 12926(r)). Pregnancy does not protect you from every firing, though. An employer can still act for a real reason unrelated to the pregnancy, such as a layoff that would have happened anyway.
Disputes usually turn on the reason. Many cases follow one pattern. The firing comes soon after you announce a pregnancy, ask for an accommodation or request leave. Then the reason given is vague or keeps shifting. If that sounds like your situation, consider speaking with an employment attorney about the timeline.
California Law vs. the Federal Pregnancy Discrimination Act
Federal law has protected pregnant workers since the Pregnancy Discrimination Act, approved October 31, 1978. It amended Title VII so that discrimination “because of sex” includes “pregnancy, childbirth, or related medical conditions” (EEOC). California law reaches more workers and adds leave rights.
| Issue | California | Federal |
|---|---|---|
| Employers covered for pregnancy discrimination | 5 or more employees (Gov. Code 12940(a)) | 15 or more employees (42 U.S.C. 2000e(b)) |
| Pregnancy accommodation | Required on request with a health care provider’s advice (Gov. Code 12945) | Pregnant Workers Fairness Act, in effect since June 27, 2023, for employers with 15 or more employees (EEOC) |
| Leave while disabled by pregnancy | Up to 4 months of Pregnancy Disability Leave, 5 or more employees | Unpaid leave may come through the FMLA, which covers employers with 50 or more employees (see CFRA vs. FMLA), or as an accommodation |
| Caps on emotional distress and punitive damages | Not subject to the federal caps, which apply to Title VII actions | $50,000 to $300,000 combined, by employer size (42 U.S.C. 1981a(b)(3)) |
Under the federal accommodation law, an employer cannot make you take leave when another accommodation would let you keep working (EEOC).
Your Rights During Pregnancy
California gives pregnant employees rights beyond protection from discrimination. Under Government Code section 12945, it is unlawful for an employer to:
- Refuse to let an employee disabled by pregnancy, childbirth, or a related medical condition take leave “for a reasonable period of time not to exceed four months and thereafter return to work”
- Refuse to provide reasonable accommodation for a condition related to pregnancy, childbirth, or a related medical condition, if the employee requests it “with the advice of the employee’s health care provider”
- Refuse to “temporarily transfer a pregnant employee to a less strenuous or hazardous position” for the duration of the pregnancy, when the employee requests it with the advice of the employee’s physician and “that transfer can be reasonably accommodated”
For more on how accommodation works, read our article on California reasonable accommodation. When a pregnancy-related condition is also a disability, our disability discrimination page may apply.
Your employer must also tell you about these rights. It must “post and keep posted” a notice of pregnancy disability leave rights, and describe them in its handbook or send the notice at least once a year (2 CCR 11049).
What counts as being disabled by pregnancy?
More than the weeks around delivery. You qualify when your health care provider finds you cannot perform one or more essential job functions, or doing so would pose an undue risk. The regulation lists examples including severe morning sickness, prenatal or postnatal care, bed rest, gestational diabetes, preeclampsia, postpartum depression, childbirth, and loss or end of a pregnancy (2 CCR 11035). Each can support pregnancy disability leave or an accommodation.
When should you tell your boss about your pregnancy?
No law sets a date for announcing a pregnancy. Leave is different. For Pregnancy Disability Leave, the CRD leave guide says to “give your employer at least 30 days’ notice if possible.” Your employer may also require medical certification (2 CCR 11050). Telling your employer in writing also creates a record of when it knew.
Pregnancy Leave and Baby Bonding Leave
California has two separate leave laws for new parents. The Civil Rights Department’s leave guide summarizes them.
| Pregnancy Disability Leave (PDL) | CFRA baby bonding leave | |
|---|---|---|
| Employer size | 5 or more employees | 5 or more employees |
| Who qualifies | An employee disabled by pregnancy, childbirth, or a related condition | An employee with at least 1 year of service and 1,250 hours in the past year |
| Length | Up to 4 months, based on hours worked and how long the disability lasts (693 hours for a 40-hour week, 2 CCR 11042) | Up to 12 weeks within one year of the child’s birth, adoption, or foster placement |
| Is it paid? | Maybe: through employer policy, accrued paid time off, or State Disability Insurance if you qualify | Wage replacement may come from California Paid Family Leave |
| Health benefits | Employer must continue group health benefits | Employer must continue group health benefits it normally pays for (2 CCR 11092) |
| Return to work | Same or comparable job, except in limited circumstances unrelated to the leave | Same or similar job, except for reasons unrelated to the leave, such as a layoff (2 CCR 11089) |
The two leaves are separate. A CFRA-eligible employee can take pregnancy disability leave and then up to 12 weeks of bonding leave. The combined maximum is of the working days in 29 1/3 workweeks (2 CCR 11046). Leave rules can overlap with federal law and with wage replacement programs. Learn more in our articles on maternity leave in California, paternity leave in California, CFRA vs. FMLA, and California Paid Family Leave.
Breastfeeding and Lactation Breaks
Under Labor Code section 1030, every employer “shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk.” The space cannot be a bathroom. It must be close to your work area, shielded from view and free from intrusion. It also needs a place to sit, a surface, electricity, and access to a sink and a refrigerator (Labor Code section 1031). Because the definition of sex includes breastfeeding, treating you worse for pumping can also be discrimination.
Can My Employer Retaliate If I Ask for Leave or Accommodation?
No. FEHA makes it unlawful to discriminate against any person “because the person has opposed any practices forbidden under this part” or has filed a complaint (Government Code section 12940(h)). See our retaliation page. If you were let go during or after leave, our wrongful termination page explains how those claims work.
How Much Money Can You Win in a Pregnancy Discrimination Case?
There is no standard payout. According to the California Civil Rights Department, remedies for employment discrimination can include back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, emotional distress damages, punitive damages, and attorney’s fees and costs. What is available depends on the facts of your case, including lost pay and how the employer acted.
For reference, our own pregnancy discrimination results include $500,000 and $270,000 (case results). Every case is different. Past results do not guarantee a similar outcome.
How Long Do I Have to Act?
Deadlines depend on the type of claim. For FEHA employment claims, the Civil Rights Department says you “must submit an intake form to CRD within three years of the date you were last harmed.” Other claims can have different deadlines, so it is worth having your situation reviewed early. An employment attorney can evaluate which deadlines apply to you.
One trap catches many workers: once the CRD issues a right-to-sue notice, you generally have one year from the date of that notice to file a lawsuit (Gov. Code 12965(c)(1)(D)).
Serving Employees Across California
We represent employees facing pregnancy discrimination in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. In Los Angeles, see our Los Angeles pregnancy discrimination lawyer page.
Frequently Asked Questions
How much does a pregnancy discrimination attorney cost?
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
Can an employer refuse to hire a pregnant woman?
No. Refusing to hire an applicant because of sex is unlawful for employers with 5 or more employees (Gov. Code 12940(a)), and California defines sex to include pregnancy. Questions about pregnancy plans in an interview may become evidence if you are then turned down.
Can you give an example of pregnancy harassment?
Yes. Repeated comments that a pregnant worker is unreliable, jokes about her body, or pressure to quit after she announces her pregnancy can all be harassment because of pregnancy. The EEOC treats harassment because of pregnancy or childbirth as unlawful, and in California harassment rules apply to employers of any size.
How do you win a pregnancy discrimination case?
With a clear timeline and records made at the time. Dates of your announcement, accommodation requests and leave, comments from managers, and how coworkers who were not pregnant were treated all matter. Our guide to proving pregnancy discrimination walks through the evidence.
What are some examples of maternity discrimination?
Common examples: an employer refuses to reinstate you after pregnancy leave or gives you a worse schedule or role when you return. Others include no private place to pump (Labor Code section 1031), or discipline for taking CFRA bonding leave. Retaliating against an employee for taking CFRA leave is unlawful (Gov. Code 12945.2).
Do I need a doctor’s note to get a pregnancy accommodation?
Usually, yes. The duty to accommodate applies when you ask “with the advice of the employee’s health care provider” (Gov. Code 12945). For pregnancy disability leave, your employer may require medical certification (2 CCR 11050).
Can my employer force me to go on leave?
Not when another accommodation would work. Under the federal Pregnant Workers Fairness Act, an employer with 15 or more employees cannot require leave if a different reasonable accommodation would let you keep working (EEOC).
Can my employer fire me while I am on pregnancy leave?
Generally, not because of the pregnancy or the leave. The CRD leave guide says employees returning from Pregnancy Disability Leave are reinstated to the same or a comparable job, “except in limited circumstances unrelated to your leave.” An employment attorney can evaluate whether those circumstances apply.
Can I still sue while I work there?
Yes. FEHA bars retaliation against anyone who “filed a complaint” or opposed discrimination (Gov. Code 12940(h)). Read suing your employer while still employed.
Does my employer have to give me time to pump at work?
Yes. Employers must provide a reasonable amount of break time each time you need to express milk (Labor Code section 1030).
What records should I keep?
Keep your doctor’s notes, accommodation requests, leave paperwork, and messages you are lawfully entitled to keep, and write down dates and comments while you remember them. Do not take confidential company files. See what to document if you are experiencing workplace misconduct, or read how to know if you have an employment law case.
Talk to a Pregnancy Discrimination Lawyer
If you were treated unfairly because of pregnancy, childbirth, or breastfeeding, we can review what happened and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.