Rights, Challenges, and Legal Protections
When women in California choose to start or grow their families, they expect that decision will not jeopardize their careers. Yet, despite decades of progress in workplace equality, pregnancy discrimination in the workplace in Californiaremains a persistent and troubling issue. From subtle biases that lead to reduced hours or missed promotions to overt terminations following pregnancy disclosures, the law is often the last safeguard standing between expectant mothers and the loss of income, healthcare, and professional opportunity.
This article examines how California law protects pregnant employees, where those protections fall short, and what recent cases reveal about ongoing challenges in preventing and remedying discrimination.
A Persistent Problem
The California Department of Fair Employment and Housing (DFEH), now known as the Civil Rights Department (CRD), records hundreds of complaints annually from women who believe they faced discrimination due to pregnancy or pregnancy-related conditions. Many more likely go unreported.
“Pregnancy is still treated as an inconvenience by some employers,” says Ana Lopez, a Los Angeles–based employment lawyer who has represented dozens of women in discrimination claims. “It’s not always about firing someone outright. It can be about sidelining them, cutting their hours, or refusing to accommodate simple medical needs. The law is clear, but compliance is another story.”
National statistics reinforce the point. The U.S. Equal Employment Opportunity Commission (EEOC) has consistently reported thousands of pregnancy discrimination charges nationwide each year. California, with its strong worker protections, accounts for a significant portion of those complaints.
Legal Framework: Federal vs. California Law
At the federal level, pregnant workers are primarily protected under the Pregnancy Discrimination Act of 1978, an amendment to Title VII of the Civil Rights Act. This law prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
But California goes further. Pregnancy discrimination in the workplace in California is explicitly prohibited under the Fair Employment and Housing Act (FEHA), which applies to employers with five or more employees. Under FEHA, employers may not fire, harass, or demote an employee due to pregnancy or pregnancy-related conditions.
In addition, California requires accommodations and leave benefits that exceed federal law:
- Pregnancy Disability Leave (PDL): Up to four months of leave for disability related to pregnancy, childbirth, or related medical conditions (Cal. Gov. Code §12945).
- Reasonable Accommodations: Employers must provide accommodations such as modified duties, schedule changes, or additional breaks when medically necessary.
- California Family Rights Act (CFRA): Up to 12 weeks of job-protected leave for baby bonding, available to both parents, which can run after PDL.
- Lactation Accommodations: Employers must provide break time and a private space (not a bathroom) for expressing breast milk.
When combined, these laws can allow pregnant employees to take substantial protected leave while ensuring their position is available upon return.
What Discrimination Looks Like
Pregnancy discrimination in the workplace in California can take many forms, from subtle to blatant. Examples include:
- Termination or Layoffs: A woman announces her pregnancy, only to be dismissed weeks later under the guise of “restructuring.”
- Denied Promotions: Employers may pass over pregnant employees for advancement, assuming they will be less committed.
- Reduced Hours or Pay: Hours are cut without justification once pregnancy becomes visible.
- Refusal to Accommodate: Employers deny simple accommodations such as sitting during shifts or avoiding heavy lifting.
- Harassment or Hostile Work Environment: Colleagues or supervisors make derogatory remarks about pregnancy or motherhood.
Even policies that appear neutral can be discriminatory if they disproportionately affect pregnant workers. For instance, strict attendance policies without medical accommodation can amount to unlawful discrimination.
Case Example: A Santa Monica Retail Worker
Earlier this year, a retail worker in Santa Monica filed a complaint after she was terminated shortly after requesting reduced standing time during her shifts, as recommended by her doctor. The employer claimed she could no longer “perform essential duties,” but failed to consider reassignment or modified tasks, both required under FEHA.
Her attorney argued that the company ignored its obligation to provide reasonable accommodation and violated her right to Pregnancy Disability Leave. The case is pending, but it highlights how common it is for employers to sidestep obligations under state law.
Employer Defenses
Employers accused of pregnancy discrimination often rely on several defenses:
- Performance Issues: Claiming the termination or demotion was based on poor performance rather than pregnancy.
- Business Necessity: Arguing that the employee’s absence created an undue hardship on the business.
- Lack of Knowledge: Stating that the decision-makers were unaware of the pregnancy at the time of the adverse action.
While some defenses may be legitimate, courts scrutinize them closely, especially when adverse action occurs soon after an employee discloses pregnancy. Timing often plays a critical role in determining credibility.
Enforcement and Remedies
Employees who believe they have been victims of pregnancy discrimination in the workplace in California can file a complaint with the Civil Rights Department (CRD) within three years of the alleged violation. Alternatively, they can request a “right to sue” notice and proceed directly to court with a private attorney.
Remedies for proven claims may include:
- Reinstatement to the employee’s position.
- Back pay for lost wages.
- Compensation for emotional distress.
- Punitive damages if the employer acted with malice or reckless disregard.
- Attorney’s fees and costs.
Some cases settle confidentially, with employers agreeing to pay damages and revise policies without admitting liability.
The Chilling Effect on Careers
Beyond financial loss, pregnancy discrimination carries long-term career consequences. Women pushed out of jobs may face gaps in employment history, loss of seniority, and setbacks in advancement. For many, the damage extends beyond a single employer, shaping how future opportunities unfold.
“Women tell me they feel punished for starting a family,” says Lopez, the Los Angeles attorney. “They worry about whether to even disclose pregnancy early, which creates unnecessary stress. The law is supposed to protect them, but enforcement is uneven.”
Recent Legislative Developments
California continues to expand worker protections. In 2023, the state enhanced enforcement powers for the Civil Rights Department, making it easier for workers to pursue claims. Additionally, new legislation has strengthened lactation rights and increased penalties for employers who fail to comply.
At the federal level, the Pregnant Workers Fairness Act (2023) introduced broader accommodation requirements nationwide, aligning more closely with California’s existing protections. However, California remains one of the most protective jurisdictions in the country.
Advice for Employees
Employees who believe they are facing pregnancy discrimination should take the following steps:
- Document Everything: Keep copies of emails, text messages, schedules, and performance reviews. Documentation is crucial if a case arises.
- Request Accommodations in Writing: Written requests create a record of your rights and the employer’s obligations.
- File Internal Complaints: Many companies have HR policies for discrimination. Filing internally first can show you attempted resolution.
- Seek Legal Advice Early: Consulting an employment lawyerbefore taking leave or after an adverse action can preserve options.
- Know the Timelines: In California, complaints to the CRD must be filed within three years, but earlier is always better.
Employer Responsibilities
Employers, for their part, must remain proactive. Training managers on pregnancy accommodations, revising policies to comply with FEHA and CFRA, and creating safe reporting channels are essential. Failure to comply is not only unlawful but also exposes businesses to costly lawsuits and reputational damage.
As California workplaces evolve, pregnancy discrimination continues to test the balance between family life and career advancement. The law provides some of the strongest protections in the nation, but enforcement depends on employees coming forward and employers taking obligations seriously.
For now, pregnancy discrimination in the workplace in California remains both a legal issue and a cultural one. Until businesses universally embrace policies that support expectant mothers, lawsuits and public complaints will continue to highlight the gap between written law and lived experience
