Post-Pregnancy Workplace Discrimination in California: Know Your Rights

Those who suspect they’re facing post-pregnancy workplace discrimination in California deserve to pursue justice. During a time that should be focused on the care of their newborn, new parents shouldn’t have to deal with employer retaliation and violations of their rights. This remains a giant issue for many California workers returning to the workplace after childbirth.

California law provides clear protections against discrimination related to pregnancy, childbirth, and related medical conditions. Despite this, many employers violate worker rights. It can be hard to understand what qualifies as discrimination and even harder to recognize if it’s happening to you.

Employers can manipulate you with subtle tactics to make you compliant. Shirazi Law Firm, PC, represents employees in California who face discrimination. Understanding your rights under state and federal law is key to protecting yourself after pregnancy.

Post-Pregnancy Discrimination Laws in California

In 2022, in California, the birth rate was 52.8 per 1,000 people ages 15 to 44. Pregnancy is common, and pregnant workers should be treated as fairly as their non-pregnant colleagues.

Legal protections for pregnant workers are outlined in the California Family Rights Act (CFRA) and pregnancy disability leave (PDL). The CFRA allows eligible employees to take protected leave for select reasons, including caring for a new child, addressing serious health conditions, or caring for a sick family member.

PDL specifically covers employees who are disabled due to pregnancy, childbirth, or related medical conditions. Under PDL, employees may take up to four months off per pregnancy for reasons such as severe morning sickness, pregnancy-related high blood pressure, postpartum depression, miscarriage, or recovery after pregnancy loss. Key features of PDL include:

• No minimum work requirement to qualify. You can be a full-time, part-time, or temporary employee.
• Leave length is recommended by a doctor. However, you don’t need to follow the doctor’s recommendation.
• Ability to take leave all at once or intermittently (hours or days at a time).

Legally, employers must provide reasonable accommodations. These accommodations can include additional breaks, modified job duties, remote work options, or leave for medical appointments. Denying these accommodations or retaliating against employees who request them may qualify as pregnancy discrimination.

Upon returning from PDL, employees must be reinstated to their original job or a comparable position. During both CFRA and PDL leave, employees are protected from wrongful termination or retaliation. Because CFRA and PDL are separate, you may be able to use both types of leave.

Pregnant employees are also protected under the California Fair Employment and Housing Act (FEHA). FEHA prohibits workplace and housing discrimination or harassment based on various protected characteristics, including pregnancy.

There are 18,699,200 employees in California as of 2025. These laws apply to employers in California with five or more employees. Protections include full-time, part-time, or temporary employees. In 2023, the California Civil Rights Department received 29,877 intake forms from people who alleged they were victims of civil rights violations.

If you suspect that your employer is violating your rights related to pregnancy disability or accommodations, you can file a complaint with the California Civil Rights Department (CRD) within one year of the violation.

Common Types of Post-Pregnancy Workplace Discrimination

Post-pregnancy discrimination can appear in many ways, such as being demoted or being denied reasonable accommodations for postpartum health issues. It can also include hostile treatment by coworkers or termination shortly after childbirth.

Most of these actions violate California’s employment laws. Shirazi Law Firm, PC, investigates claims carefully to identify discrimination and build strong cases for our clients.

Legal Steps to Take if You Experience Post-Pregnancy Discrimination

If you believe you have experienced discrimination after returning to work post-pregnancy, consider these next steps:

• Collect evidence of all incidents of discrimination, including writing down dates, times, and witnesses.
• Request in writing any accommodations or leave you need due to pregnancy and/or postpartum health issues.
• Get copies of all medical documentation related to your pregnancy, including doctor recommendations.
• Keep copies of all communications with your employer related to leave or accommodations.
• Contact a qualified employment law firm like Shirazi Law Firm, PC, to evaluate your case. Early legal advice is critical to preserving your rights and pursuing a claim under California law.

Shirazi Law Firm, PC, supports employees facing post-pregnancy discrimination by evaluating claims and advising on legal rights, collecting evidence and documentation, negotiating with employers for fair resolutions, filing claims in court when necessary, and guiding clients through the entire legal process. Employees in California should consider consulting Shirazi Law Firm, PC, if they face discrimination after pregnancy.

FAQs

Q: Can I Use Both Pregnancy Disability Leave and California Family Rights Act Leave?

A: Yes, you can. PDL and CFRA are separate legal protections that may apply jointly to your situation. PDL covers disability related to pregnancy, childbirth, and recovery and allows up to four months of leave per pregnancy. After PDL ends, eligible employees may take up to 12 weeks per calendar year of CFRA leave to care for their newborn child. Both leaves protect job security and prevent retaliation.

Q: What Constitutes Pregnancy Discrimination?

A: Pregnancy discrimination includes any negative treatment related to your pregnancy, childbirth, or any medical conditions arising from pregnancy. These types of discrimination can look like denials of leave requests, employer failure to provide you with reasonable accommodation after requesting it, being demoted or fired, reduced pay, harassment, or hostility.

It requires careful documentation to prove legally, meaning that workplace discrimination can often be hard to detect and confuse the victim.

Q: Can You Take Legal Action for Being Laid Off While Pregnant?

A: If you suspect you’ve been wrongfully terminated due to your pregnancy, you should seek counsel from an experienced lawyer.

For example, if the termination happens soon after disclosing your pregnancy. An attorney can help you identify discrimination and what evidence you need to obtain.

Q: How Long Is Your Job Protected After Having a Baby in California?

A: For those eligible under CFRA, your job is protected for up to 12 weeks after childbirth. PDL helps protect employees for up to four months of leave. Job protection applies regardless of whether the leave taken is paid or unpaid. Employees returning to work should communicate with their employers about any ongoing accommodation needs.

If you suspect that you’re facing post-pregnancy workplace discrimination in California, Shirazi Law Firm, PC, can provide legal support. Our firm represents employees throughout California and is prepared to assist you in understanding your rights and pursuing your case. Contact us to begin protecting your employment rights.