If your employer fired you, cut your hours, or passed you over because you're pregnant, a pregnancy discrimination lawyer can tell you what your options are. This page covers federal law and sits inside our employment discrimination practice area. Kingsley Szamet Employment Lawyers represents employees in Los Angeles and across California, and your first consultation is free.
What federal law says about pregnancy discrimination
Three federal laws protect pregnant workers.
-
The Pregnancy Discrimination Act is part of Title VII. It bans bias because of pregnancy, childbirth, or a related medical condition at employers with 15 or more employees.
-
The Pregnant Workers Fairness Act, in effect since June 2023, requires reasonable accommodations for known limits tied to pregnancy or childbirth. It also covers employers with 15 or more employees.
-
The Family and Medical Leave Act gives eligible workers up to 12 weeks of unpaid, job-protected leave. Your employer needs 50 or more employees, and you need 12 months on the job and 1,250 hours.
The Equal Employment Opportunity Commission, or EEOC, enforces the first two laws. The U.S. Department of Labor enforces the FMLA.
Under the Pregnancy Discrimination Act, your employer must treat pregnancy like any other temporary medical condition. If it gives light duty to a worker with a back injury, it can't refuse the same to you without a good reason.
Fired for being pregnant and other warning signs
Employers rarely say they fired you because you're pregnant. They point to performance, attendance, or a "restructuring." The timing often tells the real story. Common signs include:
-
A firing or layoff soon after you announced your pregnancy.
-
A sudden bad review after years of good ones.
-
A promotion or raise that went to someone else once you started to show.
-
Comments about whether you'll still want to work after the baby.
-
Pressure to take unpaid leave when small changes would let you keep working.
-
A replacement hired while you were out on leave.
-
A job offer that disappeared after you mentioned a pregnancy.
An employer can still fire a pregnant worker for a real reason. But if the stated reason doesn't hold up, courts call it pretext, and pretext is strong evidence of discrimination.
Pregnancy leave and pregnancy disability leave
Federal law has no separate pregnancy leave. Your main federal right is the FMLA. The Pregnancy Discrimination Act also requires your employer to give you the same leave it gives other workers with a temporary disability.
Many workers don't qualify for the FMLA, such as those at smaller companies. That's where state law matters. California gives most pregnant workers up to four months of pregnancy disability leave, which is separate from the FMLA. You can read more about FMLA and CFRA leave in our leave guide.
Accommodations and breastfeeding at work
The Pregnant Workers Fairness Act can require changes such as more bathroom breaks, a stool for long shifts, lighter duties, or time off for prenatal visits. Your employer can't force you onto leave if another accommodation lets you work safely. It also can't punish you for asking.
Nursing mothers have rights too. The federal PUMP Act requires most employers to give you reasonable break time and a private space, other than a bathroom, to pump for up to one year after your child is born. If your employer disciplines you for pumping, you may have a discrimination or retaliation claim.
How a pregnancy discrimination lawyer can help you
-
We review your termination letter, reviews, emails, texts, and pay records.
-
We explain which laws apply to your employer and how strong your claim looks.
-
We file the EEOC charge or the California Civil Rights Department complaint on time.
-
We read any severance agreement before you sign it, since it may waive your right to sue.
-
We negotiate with the employer's lawyers and take the case to court if needed.
Getting a right-to-sue letter for pregnancy discrimination
Before you can file a federal lawsuit, you generally must file a charge with the EEOC. You have 180 days from the discriminatory act. In states with their own agency, like California, that deadline extends to 300 days.
The EEOC then investigates and may offer mediation. When it finishes, or when you ask for it, the agency issues a Notice of Right to Sue. You generally have 90 days after that notice to file in court. If you miss it, you can lose the claim.
What you can recover
Depending on your case, you can recover back pay, front pay, money for emotional distress, and punitive damages when the employer acted with malice or reckless disregard for your rights. You may also recover attorney's fees. Federal law caps compensatory and punitive damages together at $50,000 to $300,000, based on the size of the employer. See how discrimination settlements are valued for real examples.
California adds more protection for pregnant workers
California law covers employers with as few as five employees and does not cap damages the way federal law does. It also gives you a longer window to file with the state agency. Read our California discrimination law guide for the state rules.
When to call a pregnancy discrimination lawyer
Call as soon as you suspect a problem. The deadlines run from the date of the act, not from the day you decide to act. Save your emails and texts, write down what was said, and don't resign before you talk to a lawyer.
Pregnancy cases often overlap with other claims. If you were pushed out after you asked for leave, read about sex and gender discrimination and wrongful termination.
Why employees choose Kingsley Szamet
Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.
We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.
Frequently asked questions
Can my employer fire me for being pregnant?
No. Firing someone because of a pregnancy is illegal under federal and California law. If you were fired for being pregnant, or soon after you shared the news, talk to a lawyer about your options.
What does the Pregnancy Discrimination Act cover?
It covers pregnancy, childbirth, and related medical conditions. It applies to hiring, firing, pay, promotions, job assignments, and leave at employers with 15 or more employees.
How do I find a pregnancy discrimination attorney in Los Angeles?
A good pregnancy discrimination lawyer represents employees only and handles cases on contingency. Ask who will work on your case and whether they've taken similar cases to court.
How long do I have to file a pregnancy discrimination charge?
A federal EEOC charge generally must be filed within 180 days, or 300 days in California. California has its own deadlines for state claims, so don't wait.
Can my employer punish me for pumping breast milk at work?
Not if you're using the break time and space the PUMP Act gives you. Discipline for pumping may support a retaliation or discrimination claim.
How much do maternity discrimination lawyers charge?
At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.
Contact Kingsley Szamet Employment Lawyers
Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.
