California Pregnancy Discrimination Laws 2026 – What Are Your Rights?

Pregnancy discrimination is not only emotionally harmful to workers; it is also unlawful. No employer can discriminate against a job applicant or current worker based on their pregnancy status. Some types of violations are obvious, while others are subtle. Anyone who believes their rights may have been violated should check the California pregnancy discrimination laws. Be sure to hire a pregnancy discrimination lawyer at Shirazi Law Firm, PC, to understand your legal options.

What Laws Apply to Pregnant Workers in California?

In 2023, there were 17.6 million California employees. That same year, there were 400,108 live births throughout the state. It is illegal for employers to discriminate based on sex or other protected traits.

Unfortunately, pregnant employees are often seen as financial liabilities due to the inevitable need for childbirth and parental leave. Employees enjoy state and federal protections against discrimination in California. These laws include:

• The Fair Employment and Housing Act. This state law prohibits discrimination and retaliation based on protected characteristics, including Employers are also required to provide reasonable accommodations to pregnant employees. These can include alternative schedules for medical appointments, allowing specific time and areas in the office for expressing milk, and assigning lighter-duty assignments.
• Pregnancy Disability Leave. A pregnant employee experiencing disability related to pregnancy, childbirth, or related medical conditions is allowed to take off four months of disability leave for every pregnancy.
• California Family Rights Act. This act allows workers in California to take up to 12 weeks of unpaid time off per year for qualifying medical reasons. Parents can take this leave to bond with their new child.
• Pregnancy Discrimination Act. This federal act protects pregnant workers from workplace discrimination. It also covers pregnant people who experience pregnancy-related disability.
• Pregnant Workers Fairness Act. This federal law went into effect in 2023. It was designed to further ensure legal protection for pregnant workers, including making the accommodation process easier.

Employers are responsible for providing healthcare coverage as part of their employees’ benefits packages. Any form of discrimination committed against someone who is pregnant is unlawful. Workers cannot be fired or demoted due to their pregnancy status.

When they return to work, they cannot be denied career-advancing promotions or other benefits due to their past or potential future pregnancies.

Who Is Covered by These Laws?

Depending on the act, specific requirements must be met before a pregnant worker is protected:

• The Fair Employment and Housing Act. This state act applies to employers with five or more employees. It protects those working in public or private sectors, labor organizations, and employment agencies.
• Pregnancy Disability Leave. This state law applies to both part-time and full-time employees as long as there are five or more employees at the company. If possible, pregnant employees should provide their employer with a 30-day notice.
• California Family Rights Act. To qualify, the worker must have been with their employer for at least a year and have worked at least 1,250 hours in the past year. The employer must also have five or more employees.
• Pregnancy Discrimination Act. This federal act protects all pregnant workers and job applicants. However, it only applies to employers who have 15 or more employees.
• Pregnant Workers Fairness Act. This federal act applies to employers with 15 or more employees. It covers Congress and federal agencies, along with employment agencies and labor organizations.

Common Examples of Pregnancy Discrimination

Pregnancy discrimination takes many forms. Sometimes, the acts are maliciously overt; at other times, they may be more subtle. Perpetrators often use manipulative tactics to commit these illegal acts while making it difficult for the victim to detect them. No matter what form they may take, these acts are unlawful. Discrimination or retaliation can involve:

• Job denial or termination. Anytime a person is denied a promotion or job due to their pregnancy status, those acts constitute violations of state and federal laws. Employers are often careful not to communicate that the decision is related to pregnancy, but circumstantial evidence and patterns of behavior can be used as the basis for administrative actions or direct legal action.
• Denial of accommodations. There are many situations where pregnant employees require reasonable accommodations. Pregnancy can take a toll on the body, and more frequent breaks, temporary modification of duties, and other requests are needed. If the employer refuses, that could place the pregnant worker in uncomfortable and potentially unsafe working conditions.
• Reduced work hours. Pregnancy discrimination can also occur when a pregnant employee is unfairly assigned fewer hours or less important tasks based solely on her pregnancy status.
• Termination. An employer may fire the employee for needing time off.

Legal Options for Pregnant Workers Experiencing Discrimination

California workers who have experienced discrimination or retaliation have three years from the last date of the retaliatory act to file an official complaint with California’s Civil Rights Department. The CRD will then launch an investigation if it believes that the complaint is warranted.

In 2023, there were 29,877 intake forms submitted to the CRD by Californians claiming their rights had been violated. Of these, 301 complaints were submitted due to discrimination or retaliation against workers for pregnancy, childbirth, breastfeeding, related medical conditions, or using their Pregnancy Disability Leave.

You may also skip the investigation altogether by submitting a right-to-sue request with the Civil Rights Department. In 2023, there were 14,982 right-to-sue requests submitted to the CRD. If granted, you can file a legal claim against your employer at the relevant court where you live.

How an Employment Attorney Can Help You

If you are pregnant, you obviously have a lot of important matters occupying your time. Taking legal action against your employer may not be an ideal option. By hiring an attorney, you can lessen the burdens and challenges you are facing.

An attorney can act on your behalf, taking your complaints directly to your employer. They can also file administrative actions that can reverse the harmful acts committed against you. While you focus on your personal and medical needs, your employment attorney can keep you updated on your pregnancy discrimination case.

Administrative complaints often result in monetary compensation and other forms of relief that can undo the professional harm you suffered. In cases where administrative actions cannot provide the relief you are entitled to, your lawyer can explore the possibility of taking direct legal action against the at-fault party.

Even when there are strong state and federal protections in place for pregnant people, it often takes an experienced employment law attorney to hold the at-fault parties accountable for their misconduct.

FAQs About Pregnancy Discrimination Laws

What Is the California Pregnancy Discrimination Act?

The California Pregnancy Discrimination Act is part of the state’s Fair Employment and Housing Act (FEHA). The law protects pregnant employees from being discriminated against while at work. Under the Act, employers cannot discriminate against employees or job applicants based on pregnancy, childbirth, or related medical conditions. Employers must provide healthcare benefits for employees who take unpaid leave under the Act.

What Is an Example of Pregnancy Discrimination?

One example of pregnancy discrimination would be if a job applicant goes to an in-person job interview and notices that the interviewer is surprised to see that they are pregnant. When the applicant doesn’t get the job, they follow up with the company only to be told that they weren’t the right fit for the team because of the time commitment involved.

If there was nothing about the applicant’s resume that suggested they had trouble making a commitment, it may be reasonable to suspect pregnancy discrimination.

What Is the New Law in California for Pregnant Mothers?

The updated law in California for pregnant mothers is the California Family Rights Act (CFRA) expansion. The Act broadens the eligibility for parents seeking maternity leave.

Companies with five or more workers must extend the benefits of the CFRA to all workers. Eligible employees may take up to 12 weeks of unpaid leave. They must be allowed back to their job position after that time period if they wish to return.

What Is the Policy Against Pregnancy Discrimination in California?

Various state and federal policies prohibit employers from discriminating against job applicants and employees who are pregnant. If a pregnant or recently pregnant worker faces retaliation, discrimination, or termination due to their pregnancy status, they can hire an attorney to file a pregnancy discrimination claim against the employer.

Can Any Attorney Represent Employees?

Not every attorney can represent employees. Employment law is a specific type of civil law that requires a deep understanding of state and federal employment laws. If you have experienced workplace discrimination, you need the services of an attorney who understands employment and personal injury law. Beyond that, consider working with an attorney who has represented clients who faced similar ordeals as yours.

Hire a Pregnancy Discrimination Lawyer With Years of Practical Experience in Employment Law

Pregnancy discrimination in any form is unacceptable and unlawful. If you were the victim of workplace discrimination, you can rely on the legal services of Shirazi Law Firm, PC, to protect your rights. We have helped many workers recover compensation after their rights were violated.

To schedule a free, confidential consultation with an experienced California pregnancy discrimination attorney, please contact our office today.