Standing Up For The Rights Of Pregnant Women In California
Last updated on February 4, 2026
Employers are not allowed to ask their employees if they are pregnant or planning on becoming pregnant. It should go without saying that they are barred from taking action against pregnant workers or placing their livelihood in jeopardy as a result of a current or pending pregnancy. Unfortunately, pregnancy discrimination remains a fact of life for too many women in California.
At Makarem & Associates, we empower the victims of pregnancy discrimination and help them assert their rights. If you were discriminated against or harassed by your employer as a result of your pregnancy or pregnancy-related disability, you can rely on us to level the playing field and hold your employer accountable for their wrongdoing.
Pregnancy And The Law
The law is very clear on pregnancy discrimination at the state and federal level.
It is illegal for an employer to retaliate against a female employee because she has become pregnant and/or requires reasonable accommodations due to her pregnancy. If you need assistance or modifications to job duties as a result of your pregnancy, your employer must engage in a good faith, interactive process with you to arrive at a conclusion that allows you to maintain your employment without placing your health or your unborn child’s health at risk. Your employer also has a duty to provide reasonable post-pregnancy accommodations, such as a safe place to pump.
What Are Common Types Of Workplace Pregnancy Discrimination?
Pregnancy discrimination by employers can take many forms. As a general rule, companies should not consider a woman’s pregnancy or medical conditions related to pregnancy or childbirth when making employment decisions.
Pregnancy discrimination can look like lost opportunities. Some companies have an unspoken rule about not hiring pregnant workers. Particularly when women are visibly pregnant, they may find it difficult to secure jobs, even if they are fully qualified for a vacant position.
Businesses may also decline to promote a pregnant worker while she is expecting. They may promote someone less qualified instead. Other times, companies demote or fire women during their pregnancies, often without any justification.
Discrimination can relate to compensation as well. Employers may offer pregnant workers lower wages or deny them benefits offered to others in similar positions. They may even reduce the wages of existing workers during their pregnancies, especially if they request accommodations.
Some companies ignore harassment or a hostile work environment that develops when co-workers discover that an employee is pregnant. Finally, some companies refuse to accommodate the medical needs of pregnant professionals.
What State And Federal Laws Protect Pregnant Workers?
There are numerous federal and state laws protecting pregnant workers from company misconduct. The Pregnancy Discrimination Act of 1978 (PDA) is a federal law that prohibits employment discrimination due to pregnancy, childbirth, breastfeeding and other related medical issues.
The Family and Medical Leave Act (FMLA) is a federal law that allows a new mother to take up to 12 weeks of unpaid leave to heal from childbirth, bond with her child or undergo medical care during a high-risk pregnancy. The Americans with Disabilities Act (ADA) is another federal statute that requires reasonable accommodations for disabling medical conditions, including medical challenges related to pregnancy.
There are also many state laws that protect pregnant workers. The Fair Employment and Housing Act (FEHA) includes provisions for pregnancy disability leave that protect workers. Women can take up to four months of leave without risking their jobs due to pregnancy challenges. FEHA also reinforces the right to request reasonable accommodations related to pregnancy limitations. The California Family Rights Act (CFRA) mirrors the FMLA and allows for up to 12 weeks of leave after the birth of a child.
Each of these laws has unique restrictions, often related to the worker’s total time worked for the business or the number of employees. Often, acts that violate federal pregnancy discrimination statutes also violate state laws as well.
Real Ways Pregnancy Discrimination Manifests In Workplaces
Many women delay starting or growing their families to focus on their careers. When they then choose to have children in their 30s or later, they may face more pregnancy complications at a time when their career is on an upward trajectory.
A woman who has spent years preparing for a C-suite job might suddenly find herself demoted or passed over for a promotion once the company learns about her pregnancy. Despite years of hard work and a track record of professional success, she may find herself unable to continue developing her career.
Other times, workers face denied requests for accommodations. Medical complications during pregnancy can impact the ability to perform certain job functions. Pregnant women may need to work from home, take more frequent breaks or limit their lifting because of their pregnancies. Their employers refuse to accommodate them as necessary. In the worst cases, the employer may then punish the worker for failing to fulfill job tasks quickly or violating company standards regarding bathroom breaks.
Sometimes, pregnancy discrimination starts with a few inappropriate jokes that rapidly escalate into a hostile work environment. Co-workers may resent the changes made to a pregnant professional’s job responsibilities. They may isolate and alienate her with targeted misconduct that creates a hostile work environment. Companies have an obligation to address harassment. The failure to do so is discrimination. So is the decision to retaliate against a worker after a report of harassment.
How Can Women Prove Pregnancy Discrimination?
Women trying to prove that they experienced pregnancy discrimination often need documentation to support their claims. Many people facing mistreatment in the workplace from supervisors or co-workers keep journals outlining each instance of misconduct in detail.
Women may need to talk with their co-workers about denied accommodations and other forms of pregnancy discrimination. Doing so may allow them to call those co-workers as witnesses later.
Women may also want to ensure that they communicate with managers and human resources in writing regarding their accommodation requests or the harassment they have experienced. Keeping copies of emails in case of a sudden termination that results in a loss of access to internal servers and prior email chains can be helpful.
Adequate proof is critical to a successful pregnancy disability lawsuit. Workers need enough evidence to convince their employers, regulatory authorities or the courts that they faced unlawful pregnancy discrimination in the workplace.
Let Us Help Make Things Right
If your employer has retaliated against you or terminated you because of your pregnancy or related accommodation request, or has refused to provide you with reasonable accommodations, we can help you assert your rights. Your deadline to file a complaint may be fast approaching so don’t wait. Contact us today to schedule your free, confidential consultation.
