Pregnancy Discrimination in California: Know Your Rights at Work
Pregnancy can change a lot about your life. It should not change your right to be treated fairly at work.
Yet pregnancy discrimination continues to affect employees at every level, from hourly workers to executives and professionals. Sometimes the discrimination is blatant. Other times, it begins subtly after an employee tells an employer they are pregnant, requests an accommodation, or takes pregnancy-related leave.
A manager who was once supportive starts questioning an employee's commitment. Important assignments disappear. A promotion that seemed imminent suddenly goes to someone else. Hours are reduced. An accommodation is denied. Or an employee returns from leave to discover that their position, responsibilities, or opportunities have changed.
For California employees, it is important to understand that both state and federal laws provide protections against pregnancy-related discrimination in the workplace.
What Is Pregnancy Discrimination?
Pregnancy discrimination generally occurs when an employer treats an employee or applicant unfavorably because of pregnancy, childbirth, or related medical conditions.
Discrimination can affect virtually every stage of employment, including hiring, compensation, assignments, promotions, benefits, scheduling, discipline, and termination.
It rarely comes with an explicit statement like, “We’re firing you because you're pregnant.”
Instead, employees may notice a pattern of different treatment that begins after their pregnancy becomes known.
That timing can matter.
What Can Pregnancy Discrimination Look Like?
Every situation is different, but potential warning signs may include:
Being passed over for a promotion after announcing a pregnancy
Having hours, responsibilities, or important assignments reduced
Being excluded from meetings, projects, or opportunities
Suddenly receiving negative performance reviews despite a history of strong performance
Being pressured to take leave earlier than medically necessary
Being denied an available or legally required reasonable accommodation
Being questioned about whether you can remain committed to your career after having a child
Being terminated, demoted, or otherwise penalized after requesting pregnancy-related leave or accommodations
Returning from protected leave and discovering significant changes to your position
One event by itself does not necessarily establish unlawful discrimination. The surrounding facts, timing, employer's stated reasons, treatment of other employees, and available documentation can all be important.
Pregnancy Accommodations Matter, Too
For some employees, continuing to work during pregnancy may require temporary changes.
Depending on the circumstances and applicable law, reasonable accommodations could include changes such as additional breaks, the ability to sit rather than stand, modifications to certain physical duties, schedule adjustments, or temporary reassignment of particular tasks.
Federal law also provides protections for qualifying workers who need reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
An employer should not simply assume that a pregnant employee cannot perform their job. Decisions should not be based on stereotypes about pregnancy, motherhood, physical ability, or an employee's future commitment to their career.
“We Were Just Worried About You” Isn't Always Harmless
Pregnancy discrimination can sometimes be disguised as concern.
An employer may say an assignment involves too much travel. A manager might decide a pregnant employee shouldn't take on a demanding client. Leadership might assume a new mother will not want a promotion requiring additional responsibility.
Even when framed as being helpful, employment decisions based on assumptions about what a pregnant employee can or wants to do can create serious problems.
Employees should generally be evaluated based on their qualifications and ability to perform their jobs, not stereotypes about pregnancy or parenthood.
What If the Problems Started After You Announced Your Pregnancy?
Timing isn't everything, but it can be significant.
Imagine an employee has consistently received positive reviews. She announces her pregnancy in April. By May, she's removed from a major account. In June, her manager begins documenting performance concerns that were never previously raised. Shortly before she is scheduled to take leave, she's terminated.
That sequence of events does not automatically prove pregnancy discrimination. But it may warrant a closer examination of the employer's reasoning and evidence.
This is one reason documentation can become so important.
What Should You Do If You Suspect Pregnancy Discrimination?
If you believe you are being treated differently because of pregnancy, childbirth, a related medical condition, an accommodation request, or protected leave, consider documenting what is happening.
Keep a timeline of significant events. Preserve relevant emails, messages, performance reviews, policies, and other employment records you are legally entitled to retain. Make notes about conversations, including when they occurred and who was present.
If treatment changed after you announced your pregnancy or requested an accommodation or leave, document the timing.
And before making major decisions about your employment, consider speaking with an employment attorney about your specific circumstances.
Retaliation May Also Be Illegal
Employees should not have to choose between exercising their workplace rights and protecting their careers.
Depending on the circumstances, laws may also protect employees from retaliation for engaging in protected activity, such as requesting certain accommodations, taking protected leave, or reporting suspected discrimination.
Retaliation can take many forms and does not necessarily mean immediate termination. Demotion, reduced hours, undesirable assignments, exclusion from opportunities, increased scrutiny, or other materially adverse actions may be relevant depending on the facts.
You Don't Have to Wait Until You're Fired
One common misconception is that an employee needs to lose their job before speaking with an attorney.
That's not necessarily the case.
If you notice significant changes in how you're being treated after announcing a pregnancy, requesting an accommodation, or taking leave, getting legal guidance earlier may help you better understand your options and protect important evidence.
At ARS Counsel, we represent employees facing workplace discrimination, retaliation, wrongful termination, and other employment disputes.
If you believe your pregnancy affected the way your employer treated you, you may have legal rights worth protecting.
Contact ARS Counsel to discuss your situation and learn more about your options.
This article is for informational purposes only and does not constitute legal advice. Every employment matter depends on its specific facts and applicable law.
Frequently Asked Questions About Pregnancy Discrimination
Can my employer fire me because I'm pregnant?
An employer generally cannot lawfully terminate an employee because of pregnancy, childbirth, or a related medical condition. However, pregnancy does not prevent an employer from taking legitimate employment actions for lawful, nondiscriminatory reasons. The specific facts surrounding a termination matter.
Can my employer refuse to promote me because I'm about to have a baby?
Employers should not make promotion decisions based on stereotypes or assumptions about how pregnancy or parenthood will affect an employee's commitment, availability, or career goals.
Can I request accommodations while pregnant?
Depending on your circumstances and the laws that apply to your employer, you may be entitled to reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions.
What if my employer started treating me differently after I announced my pregnancy?
A sudden change in treatment does not automatically prove discrimination, but timing can be relevant. Document changes in assignments, evaluations, schedules, discipline, comments, and other significant workplace actions.
Do I need to be fired to have a pregnancy discrimination claim?
Not necessarily. Pregnancy discrimination can potentially involve hiring, promotions, compensation, assignments, accommodations, discipline, demotion, termination, and other employment actions.
Should I document suspected pregnancy discrimination?
Documentation can be extremely important in employment disputes. Preserve records you are legally entitled to keep and consider creating a contemporaneous timeline of significant events, conversations, requests, and employment actions.