The short answer is no. An employer cannot legally fire you because you are pregnant. However, pregnancy discrimination cases involve complex legal nuances that many employees don't fully understand.

Both California and federal laws, including the California's Fair Employment and Housing Act (FEHA), the Pregnancy Discrimination Act (PDA), and the Pregnant Workers Fairness Act (PWFA), protect pregnant workers from discrimination. Understanding these protections can help you recognize when your rights have been violated and take appropriate action.

Table of Contents

• What Laws Protect Pregnant Employees in California?
• The Difference Between Firing a Pregnant Employee and Firing an Employee Because of Their Pregnancy
• What is "Pregnancy Discrimination"?
• Your Right to Reasonable Accommodations
• Your Rights to Protected Leave and Time Off
• What Should I Do If I'm Fired While Pregnant?
• How to Prove Pregnancy Discrimination
• Get Help From Kingsley Szamet Employment Lawyers
• Frequently Asked Questions

What Laws Protect Pregnant Employees in California?

California offers some of the strongest pregnancy protections in the country. These laws work together to ensure fair treatment, prevent employment discrimination, and allow time off for pregnancy-related needs.

The key laws that may protect you include:

1. California Fair Employment and Housing Act (FEHA)
   1. Applies to employers with 5+ employees (Cal. Gov. Code § 12900 et seq.)
   2. Prohibits discrimination based on pregnancy, childbirth, or related medical conditions
   3. Requires reasonable accommodations
   4. Provides Pregnancy Disability Leave (PDL)
2. Federal Pregnancy Discrimination Act (PDA)
   1. Applies to employers with 15+ employees under 42 U.S.C. § 2000e(k)
   2. Requires pregnant employees to be treated the same as others with similar limitations
3. Pregnant Workers Fairness Act (PWFA)
   1. Effective June 27, 2023 (42 U.S.C. § 2000gg et seq.)
   2. Requires employers to provide reasonable accommodations related to pregnancy or childbirth
   3. Limits when employers can force an employee onto leave
   4. These laws overlap and often apply simultaneously. 

The Difference Between Firing a Pregnant Employee and Firing an Employee Because of Their Pregnancy

This distinction is crucial to understanding your rights. An employer cannot legally fire you because you are pregnant. That would be discrimination. However, an employer can fire a pregnant employee for legitimate, non-discriminatory reasons that have nothing to do with the pregnancy.

Legal:

You can be fired while pregnant for legitimate reasons (layoffs, misconduct, poor performance).

Illegal:

You cannot be fired because you are pregnant. That includes being fired because:

• Your employer assumes you won't be committed

• They think you'll take too much leave

• They consider you a "burden" or "liability"

• They want to avoid scheduling changes or accommodations

California is an at-will employment state, but at-will does not allow discriminatory termination. If your pregnancy played any role in the decision, it's illegal.

If you believe that your employer has discriminated against you based on your pregnancy, it is imperative that you reach out to a Los Angeles employment lawyer to obtain more information about your legal rights about your legal rights and options.

What is "Pregnancy Discrimination"?

Pregnancy discrimination occurs when an employer treats you unfavorably because of: 

• Pregnancy
• Childbirth
• Pregnancy-related medical conditions
• Lactation needs
• Recovery from childbirth

The law protects you from a number of different types of discriminatory treatment. Examples include:

• Refusing to hire or promote a qualified candidate because she is pregnant
• Firing, demoting, or reducing hours of a pregnant employee
• Forcing a pregnant employee to take leave when she can still perform her job
• Denying a pregnant employee the same accommodations or benefits provided to other employees with temporary disabilities
• Creating a hostile work environment through pregnancy-related harassment

These actions are illegal under FEHA, PDA, and PWFA.

Your Right to Reasonable Accommodations

Employers must provide reasonable accommodations if pregnancy affects your ability to perform your job, unless the employer can prove "undue hardship," which is rare.

Common accommodations:

• Modifying job duties to eliminate heavy lifting or exposure to harmful substances
• Allowing more frequent breaks for rest, or medical appointments
• Modifying work schedules or allowing flexible hours
• Providing a lactation break and a space for breastfeed or pumping after childbirth
• Temporarily transferring you to a less physically demanding position
• Providing closer parking spaces or easier access to facilities

Your Rights to Protected Leave

California provides strong pregnancy and family leave benefits in the country. Understanding these different types of protected leave can help you plan for your time away from work and ensure your job remains secure.

Law	Employer Size	Leave Duration	Key Details
California Pregnancy Disability Leave (PDL)	5+ employees	Up to 4 months	Job-protected leave for pregnancy disability. Can be unpaid but may use accrued vacation/sick time.
California Family Rights Act (CFRA)	5+ employees	Up to 12 weeks	For bonding with new child. Can be used after PDL. Job protection guaranteed.
Family and Medical Leave Act (FMLA)	50+ employees	Up to 12 weeks	Federal law that often overlaps with CFRA. Provides job protection for various family and medical reasons.

Wage Replacement Programs (California)

These following laws help to provide protection for pregnant women in California.

• State Disability Insurance (SDI): for pregnancy disability
• Paid Family Leave (PFL): for bonding after birth

You may qualify for multiple types of leave back-to-back.

What Should I Do If I'm Fired While Pregnant?

If you believe you were terminated because of your pregnancy, time is critical. Employment discrimination cases have strict deadlines, you need to act quickly to preserve your legal rights to make sure you file within the statute of limitations for wrongful termination.

Here are the essential steps to take immediately:

1. Document Everything: Create a detailed written record of all relevant conversations, meetings, and incidents. Include:
   1. Dates
   2. Times
   3. Witnesses present
   4. What was said or done.
2. Gather Evidence:
   1. Performance reviews
   2. Employee handbook
   3. Job descriptions,
   4. Any other employment-related documents.
3. Consult with an Employment Lawyer: Pregnancy discrimination cases require specific legal expertise. An experienced Los Angeles employment attorney can evaluate your case, explain your rights, and help you understand your options.
4. File a Complaint with CRD or EEOC: You may need to file a complaint with the California Civil Rights Department (CRD, formerly known as the Department of Fair Employment and Housing) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. These agencies investigate discrimination claims and may help resolve your case.

Don't wait to seek help. The sooner you act, the better your chances of preserving evidence and protecting your rights.  Schedule a free consultation today by filling out the form on this page.

How to Prove Pregnancy Discrimination

Pregnancy discrimination is said to occur when your employer treats you differently or discriminates you because of your pregnancy or related conditions. To prove discrimination, attorneys look for evidence that pregnancy was a motivating factor.

1. Suspicious Timing
   1. Example:
      You announce your pregnancy, suddenly disciplined or fired after years of positive reviews.
2. Inconsistent Explanations: If the employer's reason keeps changing or doesn't line up with your record, that's a red flag.
3. Negative Pregnancy-Related Remarks: Comments about pregnant workers being unreliable, costly, or “not committed” can show discriminatory intent.
4. Pattern of Discrimination: If other pregnant employees were treated poorly or fired, this strengthens your case.

If you believe that you have been discriminated against or harassed because of your pregnancy, it is important that you reach out to a pregnancy discrimination lawyer right away. A Los Angeles discrimination attorney can help prove that you faced pregnancy discrimination

Frequently Asked Questions

What happens if you get fired for being pregnant?

If you're fired because of your pregnancy, you may be entitled to compensation including back pay, reinstatement, and damages for the illegal discrimination. You should document the circumstances and consult with an employment attorney to evaluate your case and explore filing a complaint with the California Civil Rights Department or EEOC.

Can I be fired while I'm pregnant?

You can be fired while pregnant for legitimate, non-discriminatory reasons like poor performance or company layoffs, but you cannot be fired because you are pregnant.

Can I get fired for calling out sick while pregnant?

You generally cannot be fired for taking sick leave related to your pregnancy, as this would constitute pregnancy discrimination under California and federal law. However, you might be required to follow your employer's usual sick leave policies and procedures when possible.

Can you still get maternity leave if you get fired?

Pregnancy discrimination cases require detailed legal analysis. For nearly 30 years, Kingsley Szamet Employment Lawyers has helped workers in California fight back against wrongful termination, discrimination, harassment, and retaliation, recovering more than $300 million for employees.

We understand the emotional and financial stress of losing a job during pregnancy. Our team will:

• Investigate your case
• Gather evidence
• Prove discriminatory motive
• Fight for compensation for lost wages, emotional distress, and more

We work on a contingency fee, meaning you pay nothing unless we win.

Contact us today for a free consultation.