Practice Area
Pregnancy Discrimination Lawyer
Having a child shouldn’t affect your ability to find a job or stay employed. Pregnancy discrimination is illegal under California’s Fair Employment and Housing Act (FEHA) and federal law.
California Pregnancy Discrimination Lawyer
Pregnancy Discrimination
Having a child shouldn’t affect your ability to find a job or stay employed. Pregnancy discrimination is illegal according to California law and federal law. The California Fair Employment and Housing Act (FEHA) and the Pregnancy Discrimination Act help pregnant employees to avoid wrongful termination. Women who are expecting can keep their jobs while taking leave during and after pregnancy. State laws also help pregnant women who need disability accommodations or medical leave. Furthermore, these regulations enable a pregnancy discrimination claim to challenge employer pregnancy discrimination.
What Is Pregnancy Discrimination?
Wrongful Termination
Wrongful Demotion
Failure to Promote
No Reasonable Accommodations
Refusal to Hire
Discrimination
What is California Pregnancy Disability Leave (PDL)?
Under FEHA, California employees disabled by pregnancy, childbirth, or a related medical condition are entitled to Pregnancy Disability Leave (PDL) — up to four months of job-protected leave per pregnancy, available at employers with five or more employees from your first day on the job. Your health care provider determines whether and for how long you are disabled by pregnancy. PDL is in addition to — not instead of — bonding leave: once you have recovered, eligible employees can take up to 12 more workweeks of bonding leave under the California Family Rights Act. California's protections here go well beyond federal law, which is exactly why pregnant workers in California should never assume an employer's "policy" is the full extent of their rights. If your employer denied you leave, refused accommodations, or eliminated your position while you were out, contact the Law Offices of Jonathan J. Delshad for a free consultation.
Frequently Asked Questions
What Requirements Do Pregnant Women Need to Take Disability Leave?
A pregnant employee who wants a pregnancy disability leave must provide her employer with notice of her need for leave at least 30 days before it begins, either verbally or in written form. If less time is necessary, the pregnant employee must inform their employer as soon as possible.
Some California employers may require medical certification or written communication from the employee’s health care provider stating that she is disabled due to pregnancy. This written document will contain the date the employee became disabled due to pregnancy and the probable length of her disability. It will also contain an explanatory statement that the employee is unable to work at all or unable to perform any one or more of the essential functions of her position without putting herself or her pregnancy at risk.
While PDL itself is unpaid, California has two wage-replacement programs run by the EDD. State Disability Insurance (SDI) typically pays benefits for up to four weeks before your due date and six weeks after a vaginal delivery (eight weeks after a cesarean) — longer if your provider certifies complications. After you recover, Paid Family Leave (PFL) pays up to eight additional weeks of benefits to bond with your new child. You may also use accrued PTO or sick leave, and some employers pay more under their own policies.
What are Reasonable Accommodations for Expecting Mothers?
Pregnancy discrimination can also be when the employer refuses to allow pregnant women on their payroll to make requests to accommodate their needs. What would count as workplace accommodation? It could be any number of things, including the ability to use the bathroom as needed, more breaks for drinking water or eating as necessary, medication breaks, an extra stool at the cashier area for rest, changes to the regular work schedule, or more telecommuting days. California pregnancy law prohibits employers from retaliating against pregnant employees who request such accommodation.
Workplace retaliation after receiving a request to accommodate pregnancy-related disabilities is a form of pregnancy discrimination. However, no employer should create additional employment that otherwise would not have been created, nor shall the employer be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job to accommodate a pregnant woman.
Does Pregnancy Discrimination Apply to Job Applicants?
Pregnancy discrimination does not simply apply to current employees but also to those actively searching for a job. Some employers don’t wish to deal with maternity leave, so they will turn down potential employees, creating a pregnancy discrimination case.
When Do I Get Leave Under the California Family Rights Act?
The California Family Rights Act (CFRA) applies to employers with five or more employees. You are eligible if you have worked for your employer for at least 12 months and worked at least 1,250 hours in the 12 months before your leave. Eligible employees get up to 12 workweeks of job-protected leave in a 12-month period — including to bond with a new child — and bonding leave is in addition to Pregnancy Disability Leave, which covers the period you are actually disabled by pregnancy and childbirth. Many employers still apply the old 50-employee rule, which has not been the law since 2021. If yours did, you may have a claim.
Will I Still Get Paid if I Go on Pregnancy Leave?
It depends on your employer’s policies for leave. Employers that pay for temporary leave in other situations must also pay for pregnancy leave. Otherwise, if you have PTO or paid vacation days, you may use those during your leave. Paid Family Leave Benefits may also apply, depending on the situation.
Do I Still Have Health Insurance During Leave?
Yes. Your employer is required to keep your health insurance for all four months of your leave. Revoking your coverage is an infringement of your rights.
Can I Get Reasonable Accommodations for Breastfeeding?
Women who are breastfeeding are entitled to a private space in their workplace to feed their child or to pump when necessary. Furthermore, medical complications brought about by breastfeeding can be a reason for paid disability leave.
Do Interns Get the Same Protections?
It depends on the protection. California prohibits pregnancy discrimination and harassment against employees, job applicants, and unpaid interns alike. Leave entitlements such as PDL and CFRA, however, belong to employees — true independent contractors generally do not get them. That said, many "freelancers" and "contractors" are legally misclassified employees, which would entitle them to these rights. If you are pregnant and were told you have no rights because of your classification, have a lawyer review it before you accept that answer.
Employers who fall under these laws’ jurisdiction are those with five or more employees. Specific non-profit organizations might not fall under this category.
All information found in blogs and web pages on this site is not legal advice about your case. These suggestions form general guidance and best practices. Every case is different.