California law explicitly prohibits firing an employee due to pregnancy. Employers are required to treat pregnant employees fairly and provide reasonable accommodations when necessary. For legal advice, call our Los Angeles wrongful termination attorneys at Yadegar, Minoofar, Soleymani LLP at (310) 499-0140 today.
California’s Protections for Pregnant Employees
The following laws provide protections for pregnant workers in California:
California Fair Employment and Housing Act (FEHA)
FEHA makes it illegal for employers to discriminate, harass, or retaliate against employees based on pregnancy, childbirth, or related medical conditions. This includes firing or demoting an employee because they are pregnant. FEHA applies to employers with five or more employees, covering a wide range of workplaces.
Pregnancy Disability Leave (PDL)
Pregnant employees are entitled to up to four months of job-protected leave if they are unable to work due to pregnancy-related medical conditions. PDL ensures that employees can return to their same or a comparable position after their leave.
California Family Rights Act (CFRA)
CFRA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for bonding with a new child or recovering from childbirth. CFRA works in conjunction with PDL, offering additional leave protections for pregnant workers.
Pregnancy Discrimination Act (PDA)
On a federal level, the PDA prohibits discrimination based on pregnancy, childbirth, or related conditions. Employers must treat pregnant employees the same as any other employee with a temporary medical condition.
Can I Be Fired While Pregnant?
While the law protects employees from being fired because of pregnancy, an employer may still terminate a pregnant employee for legitimate, non-discriminatory reasons, such as:
- Performance Issues: If there is clear documentation of poor performance or failure to meet job expectations unrelated to the pregnancy, the employer may have grounds for termination.
- Company-Wide Layoffs: If the employer is undergoing layoffs or restructuring, and the termination is part of a broader workforce reduction, it may be lawful.
- Misconduct: Termination due to violations of company policies, such as fraud, insubordination, or workplace harassment, is permitted, regardless of pregnancy.
However, the employer must prove that the termination is unrelated to the pregnancy. If pregnancy plays any role in the decision, the termination could be considered discriminatory and unlawful.
Common Signs of Pregnancy Discrimination
Pregnancy discrimination is not always overt. Some common signs include:
- Sudden Negative Evaluations: Receiving poor performance reviews after announcing your pregnancy, despite no prior issues.
- Reduced Responsibilities: Being removed from key projects or having your role diminished after sharing your pregnancy news.
- Pressure to Resign: Subtle or direct suggestions that you should quit because of your pregnancy.
- Unequal Treatment: Being treated differently from other employees with temporary medical conditions.
- Hostility or Harassment: Facing inappropriate comments, jokes, or negative attitudes about your pregnancy.
If you experience any of these signs, it may indicate discriminatory behavior.
What to Do If You Are Fired for Being Pregnant
If you believe you were terminated because of your pregnancy, you have legal recourse. Follow these steps to protect your rights:
Document Everything:
Keep records of conversations, emails, and other communications related to your pregnancy and wrongful termination. Collect performance reviews and other evidence that demonstrates your work history and achievements.
Request a Written Explanation
Ask your employer for a written explanation of the reasons for your termination. This can help clarify whether the decision was legitimate or discriminatory.
Consult an Employment Attorney
An experienced Los Angeles employment law attorney can evaluate your case, determine if your rights were violated, and advise on next steps.
File a Complaint
You can file a discrimination complaint with the California Civil Rights Department (CRD, formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC). These agencies investigate claims of pregnancy discrimination.
Consider Legal Action
If your claim is valid, you may file a lawsuit against your employer for wrongful termination or discrimination. Remedies may include reinstatement, back pay, emotional distress damages, and attorney’s fees. To discuss your unique case, contact our wrongful termination lawyers in Los Angeles.