Fired for Being Pregnant? Know Your Legal Rights and How to Fight Back in California

Facing wrongful termination due to pregnancy can be a deeply stressful and life-altering experience. Losing your job at a time when you’re preparing for one of life’s most significant changes can cause financial instability, emotional distress, and uncertainty about the future.

Unfortunately, despite both federal and California state protections, pregnancy discrimination and harassment based on sex, gender, or pregnancy still happen in the workplace, leaving individuals in need of legal recourse. Getting good legal representation is crucial in these cases, as pregnancy discrimination claims can be complex.

Can I Be Fired for Being Pregnant in California?

No – it is illegal for a California employer to fire you because you’re pregnant or dealing with pregnancy related issues, such as morning sickness, nausea, or doctor’s appointments. In fact, both state and federal laws protect pregnant employees from discrimination and wrongful termination.

The California Fair Employment and Housing Act (FEHA) and the federal Pregnancy Discrimination Act (PDA) clearly prohibit companies from firing or discriminating against an employee due to pregnancy, childbirth, or any related medical conditions. These laws ensure that pregnant employees are treated the same way as any other employee who is temporarily unable to perform their job duties because of a medical condition.

However, employers may still attempt to disguise pregnancy-related discrimination behind other reasons, such as poor performance or company restructuring. If you suspect that your pregnancy is the real reason for your termination, it’s essential to seek legal advice as soon as possible so that you can protect your rights under the law.

Can My Employer Fire Me for Taking Maternity Leave?

No – your employer cannot fire you for taking maternity leave. Under both the federal Family and Medical Leave Act (FMLA) and California’s Pregnancy Disability Leave (PDL) law, eligible employees can take time off for pregnancy and childbirth without fear of losing their jobs.

The FMLA provides up to 12 weeks of unpaid leave for pregnancy, childbirth, and related medical conditions if you work for a company with 50 or more employees.  Additionally, California’s PDL law allows pregnant employees to take up to 4 months of unpaid leave for any pregnancy-related disabilities.

During your maternity leave, your job – or a comparable position – must be held for you until you come back. Your employer cannot retaliate by firing you for taking this leave. Your employer also cannot interfere with your leave, such as assigning you work-related tasks or making you attend work meetings. If your employer fires you while you’re on maternity leave or shortly after returning or does not give you an uninterrupted leave, and the reasons seem suspicious, this could be a violation of state or federal law.

What Are My Rights if I Was Wrongfully Terminated Because of Pregnancy?

If you’ve been wrongfully terminated because of your pregnancy in California, you’re protected under both state and federal laws designed to safeguard you from discrimination.

• Pregnancy Discrimination Act (PDA) – This federal law forbids employers from firing or discriminating against employees based on pregnancy, childbirth, or any related medical conditions. This law applies to companies with 15 or more employees and ensures that pregnant workers are treated the same as any other employees with similar abilities or limitations.
• The California Fair Employment and Housing Act (FEHA) – FEHA offers even more protections than the PDA, covering employers with 5 or more employees. This law protects you from discrimination not only for being pregnant but also for any pregnancy related conditions. Under FEHA, you have the right to reasonable accommodations for pregnancy related disabilities, such as modified work duties or time off.
• The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) – If you’re eligible under the FMLA or CFRA, you have the right to take up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and bonding with your newborn. Employers cannot terminate or fire you for taking this leave and they must reinstate you to your job (or a comparable position) once you return to work.
• California’s Pregnancy Disability Leave (PDL) Law – In California, you may also be entitled to up to 4 months of leave under the state’s PDL if you’re disabled as a result of pregnancy, childbirth, or a related condition. Like the FMLA and CFRA, the PDL provides job protection, which means you cannot be fired for taking this leave.
• Retaliation Protections – It’s also illegal for your employer to retaliate against you for using your rights under these laws, including filing a complaint or requesting leave or reasonable accommodations for your condition. If your employer takes a negative action against you such as firing, demoting, or harassing you in response to you exercising your rights, this could be an additional violation of the law.

If you can show that you were wrongfully terminated because of your pregnancy or childbirth, you have the right to seek compensation for your losses, including back pay, emotional distress, and even punitive damages meant to punish your employer for especially bad behavior.

Can I Sue My Employer for Firing Me Because of My Pregnancy?

Yes – you have the right to sue your employer if you were wrongfully terminated because of your pregnancy. California law and federal protections make it illegal for employers to fire an employee solely based on pregnancy or pregnancy-related conditions.

Before filing a lawsuit, you must generally file a formal complaint with a government agency. In California, this can be done by filing an administrative complaint with the Department of Fair Employment and Housing (DFEH). The DFEH complaint must include the allegations of discrimination or harassment on the basis of sex, gender, or pregnancy and wrongful termination against your employer. If you choose, the DFEH will then investigate your claim and you may receive a “right to sue” letter, which allows you to proceed with a lawsuit in court. Your attorney can help you with this process.

If your lawsuit is successful, you can recover financial compensation for lost wages (back pay and future earnings), emotional distress, or punitive damages. In some cases, courts may order you to be reinstated to your former job position.

How Do I Prove That I Was Fired Due to Pregnancy Discrimination?

Proving that you were wrongfully terminated due to pregnancy discrimination can be challenging but certainly not impossible – and you can strengthen your case with the help of a pregnancy discrimination lawyer who can put together the evidence you need to prove your claims.

The following types of evidence can help you build the strongest case possible:

• Document Suspicious Timing – One of the most telling signs of pregnancy discrimination is the timing of your termination. If you were fired shortly after disclosing your pregnancy, requesting pregnancy-related accommodations, or taking maternity leave, this timing can serve as strong circumstantial evidence that your pregnancy was a significant factor in your employer’s decision to fire you.
• Gather Written Evidence – Collect any written communications such as emails, text messages, or performance reviews that might support your claim. Look for any direct or indirect comments related to your pregnancy, such as a reluctance to accommodate your condition or plans to restructure your position after you announce your pregnancy.
• Compare Your Treatment to Other Employees – If other employees in similar roles to yours were not pregnant have been treated differently, this can indicate discriminatory behavior towards you. For example, if coworkers with similar performance records as you were not terminated, or if others were granted accommodations that were denied to you, this disparity could serve as evidence of pregnancy discrimination.
• Document Verbal Remarks – If your supervisor or other managers made inappropriate or concerning remarks about your pregnancy or your ability to work while pregnant, write down these interactions in detail. Witnesses to these conversations, such as coworkers, can also be valuable in corroborating your claims.
• Look for Policy Violations – Employers are required by law to provide reasonable accommodations for pregnancy-related conditions, such as offering modified duties or allowing time off for prenatal care. Employers are also required by law to provide notices to employee regarding pregnancy and leave rights. If your employer failed to work with you to help accommodate your needs or failed to provide you all the required notices, this failure could violate state and federal laws.
• Compare Performance Evaluations – Compare your performance reviews before and after disclosing your pregnancy. If you received positive reviews prior to announcing your pregnancy and then you were suddenly criticized or demoted after revealing your condition, this shift in treatment may indicate discrimination.

Proving pregnancy discrimination can be legally complex, and gathering the right evidence requires strategic planning. A qualified employment lawyer will help you collect the relevant documents, interview witnesses, and build a compelling case on your behalf.

Wrongful termination due to pregnancy is not only a violation of your rights but also an event that can have lasting financial, emotional, and professional impacts on your life. At Yash Law Group, we understand the personal toll these cases can take and we’re dedicated to using our legal skills to secure justice for you. Contact us now to get started with a consultation.