Top Pregnancy Discrimination Attorneys

Experienced, compassionate, and knowledgeable California pregnancy discrimination attorneys

Pregnancy Discrimination
Our experienced employment discrimination attorneys can help you assert your right to make a living and have a family.

Pregnancy discrimination can be based on an employee's pregnancy, medical conditions related to pregnancy, or recent childbirth. It is illegal for an employer to discriminate against an employee for any of these pregnancy-related reasons.

  • Hiring Discrimination—It is illegal to fire or not hire someone because they are pregnant or plan to become pregnant. In fact, employers are prohibited from asking female applicants whether they are pregnant or intend to become pregnant. However, many employers continue to ask job applicants about pregnancies and decline to hire pregnant women.

  • Wrongful Termination—It is illegal for your employer to fire you for being pregnant or planning to become pregnant.

  • Discrimination in Job Duties—It is illegal for your employer to demote you or change your job assignment due to your pregnancy. Your employer must also let you to work as long as you are able to perform your job and must allow you to return to work if you have been absent due to a pregnancy or pregnancy related health condition.

  • Pay Discrimination—It is illegal for your employer to pay you less because you are pregnant or plan to become pregnant.

  • Medical Discrimination—If you are pregnant or plan to be pregnant it is illegal for your employer to refuse to allow you to take leaves for medical check-ups.

Pregnancy discrimination takes many forms. Sometimes, employers claim that pregnant employees' performance, "focus," or "dedication" has slipped and deny them promotions or bonuses. Other times, employers "eliminate" pregnant employees' positions while they are on leave and hire new, not-pregnant employees for similar roles. Many employers openly question whether female employees who recently gave birth continue to be sufficiently "devoted" to the business. Employees returning from pregnancy leave sometimes find their career at the organization permanently derailed due to antiquated and unjustifiable assumptions about motherhood and the workforce.

These workplace problems are incredibly stressful while dealing with the joyful tumult of a new family member. We know how traumatizing pregnancy discrimination can be to new parents, and how challenging it can be to rebound and set your career back on track.

We are devoted to seeking justice for wronged pregnant workers and new parents. Contact us today for a free case review.

Copy of Pregnancy pinterest.png
Know your rights at work.
Still have questions? We've got answers. Email us or give us a call to learn more.

  • Do I have a right to accomodations at work on account of my pregnancy?

    If you are pregnant and need reasonable accommodations at work, your employer is required to engage in an interactive process and attempt to accommodate your needs. For instance, if your doctor has advised you that you cannot lift heavy boxes; cannot spend time in extreme heat; cannot spend hours on your feet without a break; or other pregnancy-related health advisories, you can ask your employer to accommodate you by relieving you of particular duties or transitioning you to a temporary position of comparable status and pay. If your employer fails to accommodate you, you may have a cause of action for pregnancy discrimination.

  • Do I have a right to leave? Paid or unpaid?

    The California Pregnancy Disability Leave Law authorizes up to four months' unpaid leave for employees disabled by pregnancy-related medical conditions. For instance, if you are instructed to remain on bedrest, or if you have medical complications resulting from childbirth, you may be entitled to up to four months' unpaid leave due to your temporary disability. Your employer cannot terminate or discipline you for exercising this right. Leave under the PDDL can be used before or after childbirth, as long as the medical condition is pregnancy-related.

    In addition to an employee's rights under the PDDL, the California Family Rights Act and New Parents Leave Act requires employers with 20 or more employees within a 75-mile radius to allow new parents up to 12 weeks of unpaid leave. This right applies to new parents of any gender, and employers are prohibited from canceling group health coverage during parental leave. 

    If you have a pregnancy-related disability, your employer may be required to grant additional leave beyond what's required by the PDDL and New Parents' Leave Act.

    Although there is no requirement that employers provide paid parental leave, you can receive partial wages, up to 70% or a cap of approximately $1,200, for six weeks through California's paid family leave program. (San Francisco requires employers above a certain size to provide paid parental leave to employees working within the City.) 

  • What if I'm discriminated against when I return to work?

    When you return from leave, your employer is required to reinstate you to the same or a comparable position in terms of pay, duties, and location. Your employer cannot demote you, transfer you to a distant job site, or dock your pay. In addition, if you continue to experience discrimination at work based on your new status as a mother, your employer may be illegally discriminating against you based on gender. 

  • What if I'm breastfeeding?

    All California employers are required to accommodate the needs of breastfeeding employees by ensuring access to adequate facilities for breastfeeding or expressing breast milk. In general, the law does not require employers to allow employees to breastfeed their infants at work; however, employees are entitled to breaks throughout the day to express breast milk. As long as you are nursing, you may take breaks to express breast milk. Your employer also must provide you with a private room or space (and not a toilet stall) in which to express breast milk.

    Moreover, you cannot be harassed on account of pumping or breastfeeding.

Learn more
Set up a consultation to learn more about your rights. 100% free. 

Thanks for submitting!

  • jbk super lawyers.png
  • cela logo.png
  • ejs super lawyers.png
  • caala-logo.jpg
  • jls super lawyers.png
Schedule a FREE consultation

You need to understand your rights before you can stand up for your rights. Empower yourself with a free consultation.