Pregnancy should be a time of preparation and excitement and not fear about losing your job. Unfortunately, many workers worry that disclosing a pregnancy or requesting medical accommodations could put their employment at risk. If you are pregnant and concerned about your job security, it is important to understand your rights under California employment law and what legal options may be available if your employer treats you unfairly.
Is It Illegal to Fire Someone for Being Pregnant in California?
It is illegal for an employer to fire, demote, refuse to hire, or otherwise discriminate against an employee because they are pregnant. Pregnancy discrimination is prohibited under both federal and California laws, including the Title VII of the Civil Rights Act of 1964, California Fair Employment and Housing Act (FEHA), and the California Pregnancy Disability Leave Law (PDL).
Under these laws, employers cannot take adverse employment actions against workers because of:
- Pregnancy
- Childbirth
- Pregnancy-related medical conditions
- The need for pregnancy-related leave
- Requests for pregnancy accommodations
Employers with five or more employees are covered under California’s FEHA, meaning most businesses in the state must comply with pregnancy discrimination protections. While California is an at-will employment state, meaning employers can terminate employees for many reasons, they cannot legally fire you for pregnancy-related reasons. By doing so, that could constitute unlawful pregnancy discrimination or wrongful termination.
Can an Employer Lay Off a Pregnant Employee?
Employers may still conduct layoffs and pregnant workers can still be affected, but their reason for dismissal must be unrelated to the pregnancy and based on legitimate business reasons. For example, a layoff may be unlawful if:
- The employer targeted pregnant workers specifically
- The company eliminated your position shortly after learning about your pregnancy
- Other similarly situated employees kept their jobs
- Your employer replaced you with a non-pregnant worker
Signs of Pregnancy Discrimination at Work
Pregnancy discrimination is not always obvious, because employers may try to hide discriminatory actions behind vague explanations. Common signs of pregnancy discrimination include:
- Being fired shortly after announcing a pregnancy
- Sudden negative performance reviews after disclosing pregnancy
- Being excluded from meetings or important projects
- Being forced onto leave earlier than necessary
- Denied reasonable pregnancy accommodations
- Employers pressuring you to resign
- Losing promotions or advancement opportunities after announcing pregnancy
If your employer’s behavior changes dramatically after learning about your pregnancy, that may indicate unlawful discrimination.
What if You Miss Work Due to Pregnancy-Related Reasons?
Pregnancy isn’t a single “event”, it’s months of changing symptoms and possible complications. Pregnancy-related absences are protected under California and federal law, so if you have experienced conditions such as severe morning sickness (including hyperemesis), recovery from childbirth (including C-section recovery), postpartum complications, and even doctor-ordered restrictions/bed rest and appointments, an employer cannot lawfully terminate you for missing work for these reasons.
How to Protect Yourself From Pregnancy Related Absences (Without Oversharing Medical Details)
You don’t need to disclose private details. You do want to clearly connect the absence to pregnancy-related medical needs so the employer can’t later claim, “We didn’t know.” Instead do the following actions:
- Notify HR/your manager that the absence is pregnancy-related or due to medical restrictions
- Ask about Pregnancy Disability Leave and/or reasonable accommodations
- Provide a doctor’s note when requested (limitations + expected duration; not your full diagnosis)
- Follow call-in rules unless there’s an emergency
- Keep written records (email is ideal)
What Should You Do If You Were Fired While Pregnant?
If you believe you were fired or mistreated because of your pregnancy, taking the following steps may help protect your rights:
- Save termination messages, write-ups, texts, and emails
- Write a timeline: disclosure date, absences, doctor notes, HR conversations
- Request the reason for termination in writing
- Save your handbook/attendance policy and any point totals
- Talk to an employment attorney before you sign anything (especially severance)
Contact WCEL if You Were Fired for Being Pregnant
Pregnancy should never be a reason for losing your job or facing unfair treatment at work. If you believe you were fired, demoted, or mistreated because of your pregnancy, you may have legal options available. As these cases often come down to timing, documentation, and what your employer said (or put in writing), it is important to speak to a skilled employment attorney to better understand your situation.
Reach out now at (213) 927-3700 or fill out our online contact form for a free confidential consultation to discuss your pregnancy-related workplace issue and get answers fast.
