Understanding Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Both California's Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act (PDA) prohibit employers from discriminating against workers on the basis of pregnancy.
Under FEHA, California provides some of the strongest protections in the nation for pregnant employees. Employers with five or more employees are prohibited from discriminating against workers due to pregnancy, childbirth, breastfeeding, or any related medical condition. The federal PDA extends similar protections and requires that pregnant employees be treated the same as other employees who are similar in their ability or inability to work.
At Zaghi & Chrzan, LLP, we are dedicated to protecting the rights of pregnant workers throughout Los Angeles and California. If you believe you have been the victim of pregnancy discrimination, we are here to help.
Signs of Pregnancy Discrimination
Pregnancy discrimination can take many forms, some more obvious than others. You may have experienced pregnancy discrimination if any of the following have occurred:
- Not hired due to pregnancy: An employer refused to hire you because you are pregnant or planning to become pregnant.
- Terminated because of pregnancy: You were fired after disclosing your pregnancy or after your employer learned you were expecting.
- Fired after maternity leave: Your employer terminated you upon your return from maternity leave or eliminated your position while you were on leave.
- Pay reduction: Your salary or hours were reduced after you announced your pregnancy or returned from leave.
- Denial of leave: Your employer refused to provide legally required pregnancy disability leave or accommodation for pregnancy-related conditions.
- Demotion: You were demoted, reassigned to a lesser role, or stripped of responsibilities because of your pregnancy.
- Hostile comments: You were subjected to offensive remarks, jokes, or a hostile work environment based on your pregnancy or decision to start a family.
Your Legal Protections
California and federal law provide comprehensive protections for pregnant employees. As a pregnant worker, you are entitled to the following rights:
- Protection against termination: Your employer cannot fire you because you are pregnant, plan to become pregnant, or have a pregnancy-related medical condition.
- Flexibility with sick and vacation time: You have the right to use accrued sick leave or vacation time for pregnancy-related appointments and conditions.
- Equal treatment: You must be treated the same as any other employee with a similar ability or inability to work, including access to light duty, alternative assignments, or disability leave.
- Unpaid leave options: Under California's Pregnancy Disability Leave (PDL) law, you are entitled to up to four months of unpaid leave for pregnancy-related disability, regardless of how long you have worked for your employer.
- FMLA/CFRA job restoration: The Family and Medical Leave Act and the California Family Rights Act provide eligible employees with up to 12 weeks of job-protected leave for bonding with a new child. Upon return, you are entitled to be restored to your same or a comparable position.
- Reasonable accommodations: Your employer must provide reasonable accommodations for pregnancy-related conditions, such as more frequent breaks, modified duties, or temporary transfer to a less strenuous position.
How a Lawyer Can Help
Navigating a pregnancy discrimination claim can be overwhelming, especially while managing the demands of pregnancy or caring for a newborn. An experienced attorney can make all the difference in the outcome of your case:
- Legal expertise: Our attorneys have deep knowledge of FEHA, the Pregnancy Discrimination Act, FMLA, CFRA, and other employment laws that protect pregnant workers. We will identify every legal avenue available to strengthen your claim.
- Reduced stress: We handle all aspects of your case — from filing complaints and gathering evidence to communicating with your employer's legal team — so you can focus on your health and your family.
- Personalized guidance: Every pregnancy discrimination case is unique. We take the time to understand your specific situation and develop a legal strategy tailored to your goals.
- Advocacy in negotiations and court: Whether your case is resolved through settlement negotiations or requires litigation, our attorneys are skilled advocates who will fight aggressively to protect your rights and maximize your recovery.
Anti-Retaliation Protections
California law strictly prohibits employers from retaliating against employees who assert their pregnancy-related rights. This means your employer cannot punish you for requesting pregnancy disability leave, asking for reasonable accommodations, filing a discrimination complaint, or participating in an investigation related to pregnancy discrimination.
Retaliation can include termination, demotion, reduction in pay or hours, negative performance reviews, reassignment to undesirable duties, or any other adverse action taken because you exercised your legal rights. If you have experienced retaliation after asserting your pregnancy-related rights, you may have an additional legal claim against your employer.
How We Can Help
At Zaghi & Chrzan, LLP, we offer free consultations to employees who believe they have been subjected to pregnancy discrimination. During your consultation, we will listen to your story, evaluate the strength of your case, and explain your legal options in clear, straightforward terms.
We handle all pregnancy discrimination cases on a contingency fee basis — meaning you pay nothing unless we win your case. Our goal is to hold employers accountable for illegal discrimination and to secure the maximum compensation available to you, including lost wages, emotional distress damages, and punitive damages where appropriate.
Is pregnancy discrimination illegal in California?
Yes. Employers may not discriminate against workers because of pregnancy, childbirth, related medical conditions, or a need for protected leave or reasonable accommodations.
Can my employer refuse pregnancy accommodations?
Employers may have a duty to provide reasonable accommodations for pregnancy-related limitations when required by California law and when those accommodations do not impose an undue hardship.
Can I be retaliated against for requesting pregnancy leave?
No. Employees are generally protected from retaliation for requesting pregnancy disability leave, reasonable accommodations, or other legally protected rights connected to pregnancy.