Can My Employer Fire Me While I am Pregnant?
Dedicated advocacy for pregnant employees facing wrongful termination under California law.
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No your employer cannot legally fire you because you are pregnant, have a pregnancy-related medical condition, are requesting Pregnancy Disability Leave (PDL), are taking PDL, are requesting or taking CFRA bonding leave, or are breastfeeding/expressing milk.
Pregnant employees facing termination commonly experience:
- Sudden firing or forced resignation after announcing pregnancy or requesting leave
- Employer claims of “performance issues” or “restructuring” that coincide with pregnancy disclosure
- Refusal to reinstate after pregnancy disability leave or bonding leave
- Retaliation for requesting accommodations
At Setareh Law we represent pregnant employees in wrongful termination, pregnancy discrimination, PDL violations, and retaliation claims statewide. Schedule a free consultation today or explore our pregnancy discrimination lawyer page.
Is It Legal for Your Employer to Fire You During Pregnancy in California?
In most cases, firing an employee because of pregnancy is illegal under California law. If you were fired while pregnant you may have strong grounds to recover:
- Lost wages, benefits, and future earning capacity
- Emotional distress, pain and suffering, and punitive damages
- Attorney fees, costs, and reinstatement to your former position
Why Understanding Your Job Protection Rights Is Important
Many employers still believe pregnancy is a valid reason to terminate or push employees out either due to misconceptions about “at-will” employment or intentional bias. California law overrides at-will employment in pregnancy cases and imposes strict liability for discriminatory or retaliatory terminations. Knowing your protections allows you to:
- Recognize unlawful termination early
- Document violations while evidence is fresh
- Demand reinstatement, back pay, and damages
- Prevent career and financial devastation during pregnancy
For landmark interpretations and enforcement history see key appellate decisions on pregnancy-related wrongful termination. Employees who were pushed out rather than formally fired may also have a constructive discharge claim or a constructive dismissal claim under California law.
Key Aspects of Pregnancy Job Protection in California
California law provides multiple layers of protection against firing pregnant employees. Core provisions include:
FEHA Pregnancy Discrimination
- Pregnancy, childbirth, breastfeeding, and related medical conditions are protected characteristics under FEHA’s protected classes
- Termination because of any of these is illegal sex and disability discrimination
Pregnancy Disability Leave (PDL)
- Up to four months (approximately 17⅓ weeks) of job-protected leave for pregnancy-related disabilities
- Employers cannot terminate you during or because of PDL
CFRA Bonding Leave
- Up to 12 weeks of job-protected leave for bonding with a new child
- Termination during or because of CFRA leave is illegal
Reinstatement Rights
- After PDL and/or CFRA, you must be returned to the same or comparable position
- Reinstatement includes equivalent pay, benefits, and seniority
Anti-Retaliation
- Employers cannot retaliate for requesting or taking protected leave
- Requesting accommodations is also a protected right
- Complaining about pregnancy discrimination is legally protected
Employer Coverage
- Applies to employers with 5 or more employees
- This threshold is lower than federal law
These protections often overlap, giving pregnant employees up to approximately 7 months of combined job-protected leave in many cases. See California maternity leave rights for a full breakdown of how PDL and CFRA int
The Purpose of Pregnancy Job Protection Laws
These laws exist to prevent pregnant employees from being forced out of the workforce or penalized for pregnancy or parenthood. They ensure:
- Job security during pregnancy and early parenthood
- Equal employment opportunity regardless of pregnancy status
- Strong deterrence against gender-based discrimination and retaliation
- Public policy supporting maternal health, infant bonding, and working families
See California Supreme Court and appellate decisions for more on statewide pregnancy job protection. Employees whose employers also violated wage laws during or after pregnancy such as failing to pay final wages or withholding overtime may pursue those claims alongside the termination case.
Who Is Protected from Pregnancy-Related Termination?
Protections apply broadly to pregnant employees and new mothers.
Employee Coverage
Any individual affected by pregnancy, childbirth, or related medical conditions. This includes:
- Full-time, part-time, temporary, and seasonal workers
- Employees in every industry
- Workers at employers with 5+ employees (FEHA threshold)
Workers misclassified as independent contractors who function as employees may also be protected .see 1099 vs W-2 employee status in California and employee misclassification lawyer. Probationary employees retain pregnancy protections from day one of employment.
Employer Coverage
All California employers with 5 or more employees are subject to FEHA and PDL. Coverage applies to:
- Private businesses of any industry above the threshold
- Joint employers, staffing agencies, and subcontractors
- Public entities in certain contexts
Employers who engage in systemic pregnancy-related terminations may face class action exposure or PAGA liability where wage violations are also present. See PAGA vs. class action in California for enforcement options.
Protected Rights
Employees have the right to:
- Remain employed during pregnancy and protected leave
- Reasonable accommodations without retaliation
- Reinstatement after PDL and CFRA leave
- File claims without fear of further reprisal
How Our Lawyer can Help You
If your case also involves sexual harassment, age discrimination, or broader employment discrimination, our employment attorneys address all claims together. Contact Setareh Law today.
Immediate Case Assessment and Strategic Planning
Every case begins with a thorough review of your pregnancy disclosure, leave, accommodations, and termination circumstances. Early evaluation identifies all viable claims and preserves maximum remedies. This step includes:
- Detailed analysis of timing, comparators, and shifting explanations
- Assessment of discrimination/retaliation evidence strength
- Strategy development for CRD, DLSE, or court proceedings
Thorough Investigation and Evidence Preservation
Acting quickly secures critical evidence before it is lost or altered. We gather and organize proof to build a strong case. Our investigation includes:
- Collection of performance reviews, emails, and termination documents
- Witness statements and coworker declarations
- Timeline reconstruction linking pregnancy to termination
We send formal preservation demands to prevent deletion of HR files, communications, and payroll records. Our employment law attorneys also review pay stubs and final paycheck compliance as part of every investigation.
Identifying All Liable Parties
Termination claims may involve multiple responsible entities. We examine relationships to ensure full recovery. This process includes:
- Reviewing supervisor, manager, and corporate involvement
- Analyzing joint employer or staffing agency structures
- Checking insurance coverage and corporate assets
Aggressive Negotiations with Employers
Employers often offer low settlements or deny liability. We negotiate firmly to secure full value. Negotiation efforts include:
- Presenting clear evidence of pregnancy discrimination/retaliation
- Demanding reinstatement, back pay, and damages
- Countering improper defenses or attempts to minimize liability
Litigation-Ready Representation
We prepare every case for hearing or trial from the beginning. When settlement is not achievable we litigate aggressively. Litigation support includes:
- Filing charges with CRD or complaints in superior court
- Conducting discovery, depositions, and expert consultations
- Presenting compelling evidence, witness testimony, and legal arguments
Full Compensation Advocacy
Our goal is to recover everything the law allows. We pursue all available remedies. Compensation may include:
- Lost wages, benefits, and future earning capacity
- Emotional distress, pain and suffering, and punitive damages
- Attorney fees, costs, and reinstatement where appropriate
Compassionate Support Throughout the Process
We understand the physical vulnerability, emotional stress, and financial pressure of pregnancy-related termination. Our team provides clear guidance and consistent support. Client support includes:
- Regular updates on case progress and agency actions
- Plain-language explanations of rights, options, and timelines
- Responsive assistance at every stage of recovery and enforcement
If your case also involves sexual harassment, age discrimination, or broader employment discrimination, our employment attorneys address all claims together. Contact Setareh Law today.
Applicability Across California
Pregnancy discrimination and job protection laws apply statewide, safeguarding employees in all regions from major cities to rural and agricultural areas.
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Can My Employer Fire Me While I am Pregnant
Can my employer fire me just for being pregnant in California?
No. Termination because of pregnancy, childbirth, or related medical conditions is illegal discrimination under FEHA.
Can my employer fire me while I’m on pregnancy disability leave?
No. PDL is job-protected; termination during or because of PDL is illegal.
What if my employer says it was for performance reasons?
If you prove the reason is pretextual (false or not the real motive) and pregnancy was a substantial factor, you can still win.
What damages can I recover if I was wrongfully terminated while pregnant?
Lost wages (back pay and front pay), emotional distress, punitive damages (for malice), and attorney fees/costs.
How long do I have to file a claim if I was fired while pregnant?
One year with the California Civil Rights Department (CRD) from the date of termination.
Can I be fired for requesting pregnancy accommodations?
No. Retaliation for requesting reasonable accommodations is illegal.
Will pursuing a wrongful termination claim cost me money upfront?
CRD filings are free, and we handle most cases on contingency — no fees unless we recover for you.
Take the Next Step
Contact an experienced California employment attorney today for a free case evaluation. Learn whether your employer can fire you while pregnant and what protections you have against pregnancy discrimination and wrongful termination in California. You have nothing to lose and potentially significant compensation to gain.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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