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 represents employees, never employers, in pregnancy discrimination and pregnancy leave claims. Our case reviews are free and confidential, and we work on contingency.
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.
Our article on how to prove pregnancy discrimination at work in California covers the evidence that often matters.
California gives pregnant employees rights beyond protection from discrimination. Under Government Code section 12945, it is unlawful for an employer to:
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.
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 | Up to 12 weeks within one year of the child’s birth, adoption, or foster placement |
| Health benefits | Employer must continue group health benefits | Different rules apply (see the CRD guide above) |
| Return to work | Same or comparable job, except in limited circumstances unrelated to the leave | Different rules apply (see the CRD guide above) |
Leave rules can overlap with federal law and with wage replacement programs. Learn more in our articles on maternity leave in California, CFRA vs. FMLA, and California Paid Family Leave.
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.” Because breastfeeding is included in the definition of sex, treating you worse for pumping can also be discrimination.
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.
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.
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.
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.
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.
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.
Yes. Employers must provide a reasonable amount of break time each time you need to express milk (Labor Code section 1030).
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.
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.
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