Being Fired for Being Pregnant Violates California Law

FEHA’s protection extends further than most employees realize. It covers every employment decision: not just firing, but also hiring, promotions, and daily job assignments. The law does not only step in after a termination. It applies from the moment your employer treats you differently because of your pregnancy.

FEHA applies to any California employer with five or more employees. That matters because the federal Pregnancy Discrimination Act only covers employers with fifteen or more. In other words, you do not need to work for a large company to have legal protection here.

California is an at-will employment state. However, at-will does not mean anything goes. Employers can end most jobs for many reasons. Getting fired for being pregnant is not one of those legal reasons, regardless of what the paperwork says.

Also, the federal Pregnant Workers Fairness Act (PWFA) passed in 2023 adds a national layer of protection. For most California employees, however, FEHA already goes further than the PWFA.

The California Laws That Protect You

If you were fired for being pregnant, knowing which laws apply can make a real difference. California has layered several statutes on top of each other. Together, they give employees far more protection than federal law alone provides. Here is a quick overview:

These laws work together. When PDLL and CFRA both apply, you may have significantly more protected time than federal law alone allows. During that leave, your employer must hold your position, or offer a comparable one, when you return.

What Pregnancy Discrimination at Work Looks Like

Most employees who get fired for being pregnant never receive an honest reason. Instead, the employment discrimination shows up in patterns. A shift in how you are treated. Reviews that suddenly turn negative. Pressure to take leave you never asked for. The subtlety is exactly what makes it hard to spot.

Common examples include:

• Your employer terminates you shortly after your pregnancy announcement
• Your performance review turns negative with no clear basis
• You get removed from meetings or projects you previously joined
• Your hours or job duties drop without explanation
• A less qualified colleague gets the promotion instead of you
• Your manager pushes you to take unpaid leave you never requested
• New micromanagement or scrutiny starts right after your announcement

The timing and pattern of events often matters more than the stated reason. If your employer’s behavior toward you shifted noticeably after your announcement, that shift supports a discrimination claim. These situations are always worth looking into.

What If Your Employer Claims the Firing Was for Another Reason?

This is the most common scenario we hear. Your employer says the firing was about poor performance, a budget cut, or a workplace policy change. You know what the timeline actually looks like. You know what changed after your announcement.

Courts and the California Civil Rights Department (CRD) look closely at pretext. Pretext means a false or inflated reason used to cover an unlawful motive. When an employment decision happens right after a pregnancy announcement, that timing raises serious questions. Evidence of pretext can include:

• The timing of your firing relative to your employer learning you were pregnant
• Uneven treatment compared to non-pregnant colleagues in similar roles
• Performance reviews that worsened after your pregnancy announcement
• Statements from supervisors or HR around the time of the decision

Under FEHA, you do not need to prove pregnancy was the only reason. You only need to show it was a key reason. That standard matters. It is why illegal pregnancy discrimination cases in California have real legal teeth, even when an employer offers non-discriminatory reasons on paper.

Your Right to Reasonable Accommodations During Pregnancy

California law does not stop at banning employment discrimination. It also requires employers to provide reasonable accommodations for pregnancy-related conditions when a doctor recommends one. In fact, denying a reasonable accommodation can be just as serious a legal violation as getting fired for being pregnant.

Accommodations can include:

• A modified or flexible schedule
• More frequent rest breaks
• A temporary transfer to lighter duty work
• The ability to sit instead of stand
• Medical leave for prenatal care or pregnancy-related health needs

Your employer must have a real, good-faith conversation with you when you ask. Saying no without first exploring alternatives does not satisfy the law. If your employer denied your request or retaliated against you for asking, that creates a separate legal claim. It sits on top of any discrimination claim you already have. This can also overlap with disability discrimination when a pregnancy-related medical condition affects your ability to do your job.

What to Do If You Were Fired for Being Pregnant

If you were fired for being pregnant, the steps you take right after your termination can shape your legal options.