California pregnancy discrimination lawyers

Your core protections

Pregnancy discrimination is a form of sex discrimination under the Fair Employment and Housing Act. California also has specific laws for pregnant workers. At employers with five or more employees:

• Pregnancy Disability Leave (PDL), Gov. Code § 12945. Up to four months of job-protected leave per pregnancy for any period you're disabled by pregnancy, childbirth, or a related condition, including prenatal care, severe morning sickness, bed rest, and postpartum recovery. There's no minimum length of service required.
• Reasonable accommodation. Employers must accommodate pregnancy-related limitations when you request it on a health care provider's advice, such as modified duties, more frequent breaks, stools or seating, or temporary transfer to a less strenuous or hazardous position.
• Reinstatement. When PDL ends, you're generally entitled to return to the same position.
• Health insurance continuation during PDL on the same terms as if you were working.

The federal Pregnancy Discrimination Act and the Pregnant Workers Fairness Act (2023) add further protection at employers with 15 or more employees.

Bonding leave after the baby arrives

PDL covers time you're disabled by pregnancy. After that, the California Family Rights Act (CFRA) provides up to 12 more weeks of job-protected leave to bond with a new child, available to both parents, at employers with five or more employees once you've worked there 12 months and 1,250 hours in the past year. PDL and CFRA bonding leave are separate, so many employees can take up to about seven months of protected leave in total. Wage replacement may be available through California's State Disability Insurance and Paid Family Leave programs. See our medical and family leave guide.

Lactation rights

California Labor Code §§ 1030–1034 require employers to provide reasonable break time to express breast milk, and a private space that is not a bathroom, close to the work area, shielded from view, with a place to sit, a surface for a pump, and access to electricity and nearby running water and refrigeration. Denying lactation breaks can result in penalties, and retaliating against an employee for requesting them is illegal.

What pregnancy discrimination looks like

• Being demoted, reassigned, or having hours cut after announcing a pregnancy
• Comments like "we need someone who's committed" or questions about whether you plan to come back
• Being denied light duty or a transfer that's given to employees with non-pregnancy limitations
• Being forced onto leave when you can still do the job
• Not being reinstated after leave, or being told your position "was eliminated" while you were out
• Being passed over for promotion because a manager assumes family will come first
• Being disciplined for absences related to prenatal care
• Being fired during or shortly after leave

Discrimination based on plans to become pregnant, fertility treatment, miscarriage, or abortion is also prohibited. California gives employees up to five days of leave following a reproductive loss (Gov. Code § 12945.6).

What you can recover

• Lost wages and benefits
• Emotional distress damages
• Punitive damages for malicious or oppressive conduct
• Penalties for lactation violations
• Attorney fees and costs

Deadlines

• FEHA, PDL, and CFRA: three years to file with the California Civil Rights Department, then one year after the right-to-sue notice.
• Federal claims: 300 days to file an EEOC charge.

What to do now

1. Notify your employer in writing of your pregnancy-related needs, and give 30 days' notice of foreseeable leave when you can.
2. Get your provider's restrictions in writing and share them with HR when requesting an accommodation.
3. Keep a record of comments and changes in duties, hours, or treatment after you announced your pregnancy.
4. Confirm your return date and position in writing before leave starts, and ask how your leave is being designated (PDL, CFRA, FMLA).
5. Apply for SDI and Paid Family Leave through the EDD for wage replacement.
6. Call us before you sign anything if you're told your position was eliminated or you're offered severance during or right after leave.

How your case works with us

Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.

1. Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
2. Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
3. Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
4. Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
5. Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.

Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.