How to Fight Pregnancy Discrimination and Protect Your Job in California

Facing Discrimination Because of Your Pregnancy?

Pregnancy should be a time of support, not stress. Yet every year, many California workers experience pregnancy discrimination at work, from being denied reasonable accommodations to facing demotion or even termination simply for being pregnant.

If this sounds familiar, you’re not alone, and you have rights. At Malk Law Firm, we help employees in Los Angeles and across California understand and enforce their protections under both federal and California law.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Under both federal and California law, this type of treatment is illegal and may give rise to a lawsuit or administrative complaint.

Discrimination can happen at any stage of employment, including:

• During hiring or interviews
• In assignments, promotions, or pay
• When requesting accommodations
• When returning from maternity leave
• Through harassment or retaliation

Your Legal Protections as a Pregnant Worker in California

1. Title VII of the Civil Rights Act (Pregnancy Discrimination Act)

Title VII, as amended by the Pregnancy Discrimination Act (PDA), prohibits employers from discriminating based on current, past, or potential pregnancy. This includes medical conditions related to pregnancy, such as lactation or recovery from childbirth.

Covered employers must treat pregnant workers the same as others who are similar in their ability or inability to work.

2. The Pregnant Workers Fairness Act (PWFA) – Effective June 2023

This new federal law requires employers to provide reasonable accommodations for known limitations arising out of pregnancy, childbirth, or related medical conditions—unless doing so would cause “undue hardship.” Accommodations might include additional breaks, modified duties, or a stool to sit on during a shift.

The PWFA also prohibits:

• Forcing employees to accept unwanted accommodations
• Denying employment opportunities due to the need for accommodation
• Retaliating against those who request or use accommodations

3. Americans with Disabilities Act (ADA)

While pregnancy itself is not a disability, many pregnancy-related conditions (e.g., gestational diabetes, preeclampsia) can qualify under the ADA. In these cases, employers must provide reasonable accommodations and keep medical information confidential.

1. Pregnancy Disability Leave (PDL)

Under California law, employers with five or more employees must provide up to four months of job-protected leave if you are disabled due to pregnancy, childbirth, or a related medical condition. This is known as Pregnancy Disability Leave (PDL).

PDL applies even before or after childbirth, and includes:

• Bed rest
• Severe morning sickness
• Doctor-ordered reduced work schedules
• Recovery from childbirth or postpartum depression

PDL may be intermittent and does not have to be taken all at once.

Your employer must also:

• Continue your health benefits during PDL
• Guarantee job reinstatement to your same or a comparable position
• Allow use of paid time off or sick leave

2. California Family Rights Act (CFRA)

After PDL, you may be eligible for up to 12 additional weeks of leave to bond with your newborn under the California Family Rights Act (CFRA). This leave is also job-protected and can be used by either parent.

3. Fair Employment and Housing Act (FEHA)

California’s FEHA explicitly prohibits pregnancy-related discrimination and harassment. FEHA applies to employers with five or more employees and covers all stages of employment—from hiring to termination.

What Counts as Reasonable Accommodation?

Reasonable accommodations for pregnancy under the PWFA, PDL, ADA, or FEHA may include:

• More frequent or longer restroom, food, or water breaks
• Modified duties (e.g., light lifting)
• Schedule changes or telework options
• Additional time off for prenatal appointments
• Transfer to a less hazardous or strenuous role (if available)
• Seating or the ability to stand/sit as needed

Importantly, the employer cannot require a pregnant worker to take leave if another accommodation would allow her to continue working.

Harassment and Retaliation Are Also Illegal

It’s not just discrimination that’s unlawful. Harassment based on pregnancy, childbirth, or related medical conditions violates both state and federal laws. This includes offensive remarks, exclusion from meetings or projects, and derogatory comments.

Retaliation for asserting your rights—such as requesting accommodations, filing a complaint, or taking protected leave—is also illegal under Title VII, PWFA, the ADA, and FEHA.

Lactation Accommodations Under California and Federal Law

California law requires employers to provide:

• A private, non-bathroom space near the work area to express breast milk
• A reasonable amount of break time to pump milk

Employers may not discriminate against or discipline employees for exercising these rights.

What to Do If You’re Facing Pregnancy Discrimination

If you believe you’ve been denied accommodations, harassed, terminated, or otherwise mistreated because of your pregnancy:

• Document everything – Keep records of emails, texts, performance reviews, and any communications regarding your pregnancy or accommodations.
• File a complaint – You can file with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC).
• Contact a pregnancy discrimination attorney – Malk Law Firm can evaluate your case, protect your rights, and fight for the compensation or reinstatement you may be entitled to.

How Malk Law Firm Can Help

At Malk Law Firm, we understand the stress and confusion that can arise when you’re mistreated at work during one of the most personal times in your life. We’ve helped workers across Los Angeles and throughout California hold employers accountable for:

• Refusing to accommodate pregnancy-related medical needs
• Forcing employees out on leave unnecessarily
• Denying reinstatement or firing after return from leave
• Failing to provide lactation space or breaks
• Harassing pregnant or postpartum workers

Whether you’re early in your pregnancy or recovering from childbirth, you don’t have to face workplace discrimination alone. We offer compassionate, strategic legal support with a proven track record in pregnancy-related employment claims.