Employers are prohibited from discriminating against an employee due to pregnancy. Additionally, it is unlawful for an employer to terminate an employee solely for being pregnant. In 1978, the Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 to explicitly prohibit discrimination related to pregnancy, childbirth, or related medical conditions. Such discrimination is considered a form of sex-based discrimination under federal law.

Pregnancy discrimination occurs when an employer treats a woman unfairly because she is pregnant, has given birth, or has a condition related to pregnancy. Under the law, a disability is any condition that limits an employee’s ability to perform job duties. Women affected by pregnancy-related medical conditions must be given the same treatment as other employees who face temporary work-related disabilities.

California provides greater protections for pregnant employees than federal law. The California Fair Employment and Housing Act (FEHA) prohibits discrimination based on pregnancy, childbirth, and related medical conditions. Unlike the PDA, which applies to employers with 15 or more employees, FEHA covers businesses with as few as five employees.

If a pregnant employee is temporarily unable to perform her job duties due to pregnancy or childbirth, she must be treated the same as other employees with temporary disabilities. Employers cannot single out pregnant workers for different treatment. If other temporarily disabled employees are offered accommodations such as modified assignments, lighter workloads, disability leave, or unpaid leave, pregnant employees must receive the same consideration.

Pregnancy-related conditions such as preeclampsia or gestational diabetes may qualify as disabilities under the Americans with Disabilities Act (ADA). If so, the employer must provide reasonable accommodations, such as allowing the employee to use a chair or stool for comfort or excusing her from heavy lifting if it was part of her job duties. While normal pregnancy and expected physical changes are not covered by the ADA, FEHA offers broader protections for pregnant employees, requiring accommodations for work restrictions related to pregnancy, childbirth, or related conditions.

The Family and Medical Leave Act (FMLA) grants pregnant employees the right to take leave for medical conditions related to pregnancy, childbirth, or recovery. If an employer has at least 50 employees, they must comply with FMLA and provide up to 12 weeks of unpaid leave for medical reasons, including those associated with pregnancy.

California law also offers additional benefits. Eligible employees may receive temporary disability insurance payments, covering up to two-thirds of their salary while they are unable to work due to pregnancy-related conditions. After childbirth, employees may continue receiving partial wages through California’s Paid Family Leave program.

Harassing an employee due to pregnancy, childbirth, or related medical conditions is unlawful. Workplace harassment occurs when an environment becomes so hostile or offensive that it negatively impacts an employee’s ability to perform their job. Harassment can come from supervisors, coworkers, or even clients and customers. If an employer allows such behavior to persist, they may be held legally responsible.

Terminating an employee solely because of pregnancy or a related condition is a form of sex-based discrimination. Because only women can become pregnant, firing someone for this reason is illegal under state and federal law. To prove a wrongful termination claim, an employee must demonstrate that their dismissal was directly related to pregnancy discrimination.

If an employee successfully proves wrongful termination, they may be entitled to compensation, including:

• Front Pay: Compensation for future lost wages if finding new employment is difficult.
• Back Pay, Lost Benefits, and Out-of-Pocket Costs: Reimbursement for financial losses resulting from wrongful termination.
• Legal Fees: Coverage for court costs and attorney expenses.
• Punitive Damages: Financial penalties imposed on the employer for violating the law.

Many individuals worry about the cost of hiring an attorney, especially when dealing with job loss. Some law firms charge clients regardless of the case outcome. This means clients may still owe legal fees even if their case is unsuccessful.

At the California Labor Law Employment Attorneys Group, we operate on a zero-fee guarantee. This means that we do not charge any legal fees unless we win your case. If we secure compensation for you, we take only a small percentage of the settlement. This structure ensures that our clients face no financial risk when seeking legal representation.

Our law firm, based in Los Angeles, represents clients throughout California, including those in San Diego, San Francisco, and beyond. If you were fired due to pregnancy, our attorneys can review your case to determine if you have grounds for a lawsuit.

If you have not yet been terminated, we may also be able to help you negotiate a fair severance package for an unlawful dismissal. We offer free consultations, during which you can meet with an attorney to discuss your case with no obligation.

A free consultation allows you to receive initial legal advice on whether you have a strong claim. If you choose to move forward, we will handle your case aggressively. If your case does not qualify for legal action, we will provide honest feedback about your options.

Client Testimonial

“These attorneys were fantastic! They handled my case quickly and efficiently. I highly recommend them. Just picked up my settlement—thank you, California Labor Law Employment Attorneys Group!”

– Vanessa Evans