California Pregnancy Discrimination Laws 2025 – All You Need To Know

Pregnancy can be one of the most transformative moments of one’s life. It’s a milestone to celebrate and cherish. Unfortunately, these moments are sometimes met with unfair treatment in the workplace. To help combat this, California pregnancy discrimination laws exist to protect expecting and new mothers. By better understanding these laws, new mothers can spot illegal behavior and know what to do if they suspect bias or mistreatment.

What Is Pregnancy Discrimination?

Pregnancy discrimination is exactly how it sounds. Someone is being treated unfairly because they are either pregnant, need to leave to give birth, or are dealing with a medical condition related to the experience. In the context of work, individuals can experience pregnancy discrimination in connection with hiring, firing, promotions, and benefits. Some examples of this include:

• When an employer refuses to hire a qualified candidate because they disclosed during the interview that they are pregnant.
• Demoting or terminating someone after learning about their pregnancy.
• Denying workplace accommodations that someone needs to support their pregnancy, such as modified duties, a more flexible schedule, or needing additional breaks.
• Retaliating against an employee for requesting leave when the time comes to have the child.

Fortunately, for those who plan to become pregnant or already are, California law explicitly prohibits any of these actions from happening. The Fair Employment and Housing Act (FEHA) aims to ensure that all employees are judged based on their qualifications and not their protected characteristics, such as their pregnancy status.

Key California Protections for Pregnant Employees

California has some of the most comprehensive safeguards in the nation to protect pregnant employees. These safeguards ensure that anyone expecting a child can maintain their careers. Some of these protections include:

Equal Treatment in Hiring and Employment

It is illegal in California to refuse to hire someone after learning they are pregnant. Just because someone will need leave or special accommodations early on is not enough of a reason not to hire someone, especially if they are clearly the most qualified candidate for the job. This is because pregnancy is treated just like a temporary medical condition. Also, employers are not allowed to ask if you are pregnant or planning to have children during an interview.

Reasonable Accommodations for Pregnant Employees

Those who are pregnant and working in California are entitled to reasonable accommodations to help them perform their job under the new circumstances of their condition. Some of the more common accommodations that are granted include:

• Light-duty assignments or restrictions on heavy lifting.
• Flexible work schedules to ensure they don’t miss any important appointments.
• Extra breaks as needed to address common symptoms of pregnancy, such as fatigue or nausea.
• The ability to sit if the job typically requires standing for long periods.

Employers are expected to act in good faith in determining what accommodation is appropriate or not. If you feel you are being mistreated at work or have been denied reasonable accommodation to meet your pregnancy needs, a Palmdale employment lawyer can help to see if your employer is out of line.

Pregnancy Disability Leave

A pregnancy disability leave, otherwise referred to as PDL, allows employees who are disabled from work due to pregnancy, childbirth, or any other related conditions to take up to four months of unpaid leave. This is true regardless of how small or large your employer is.

Some key aspects of PDL include:

• The leave can be taken intermittently or all at once.
• Employees are able to return to their same jobs under the law.
• Health insurance benefits must continue during the leave period.

This is an extremely important protection for any employee who needs extra time off due to pregnancy or a related medical condition. It helps ensure that workers are not forced to choose between prioritizing their health and building a family over their careers.

FAQs

Q: How Do You Prove Pregnancy Discrimination in California?

A: To successfully prove pregnancy discrimination in California, you need to identify and gather evidence that shows how you were treated unfairly during the time you were pregnant. To do this, document all discriminatory incidents. This can include when someone made unsavory comments, when you experienced a sudden change in your performance reviews, or when were denied reasonable accommodations. An attorney can help evaluate this and build a strong case.

Q: What Is the EEOC Rule for Pregnancy Discrimination in California?

A: The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit any discriminatory actions against a pregnant worker. According to the EEOC, pregnant workers must be treated the same as other employees who are experiencing temporary disabilities when it comes to job accommodations or modifications. The EEOC also protects any workers from being retaliated against when trying to follow these guidelines.

Q: What Should I Do If My Employer Denies My Accommodation Request?

A: If your employer has denied what you believe is a reasonable accommodation request to assist with your pregnancy, the first step is to have a calm and professional conversation with them to better understand their reasoning. If the denial still seems unjustified to you, document the interaction. Then, connect with an employment attorney to seek their advice. The earlier you connect with outside legal help, the quicker you can receive the help you need.

Q: How Can I Talk to My Employer About My Pregnancy?

A: If you have recently learned you are pregnant and are ready to alert your employer, choose a time to have a private conversation with your supervisor or someone in HR. Share your news along with your plans for managing work responsibilities. It will be helpful to discuss any accommodations that you can already think of upfront. The earlier you establish this open dialogue, the more likely you will create a supportive working relationship.

Contact Kramer Brown Hui LLP Today

If you have recently learned you are pregnant or have been denied certain workplace rights that you believe are unfair, contact our law firm today. We have been helping families for years deal with instances of pregnancy discrimination and would be honored to extend our services to help you perform your work while preparing for your next exciting chapter in life.

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• California Wrongful Termination Statute of Limitations & Laws