Wrongful Termination During Pregnancy in California
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What You Need to Know If You Were Fired During or After Pregnancy
California law makes it illegal for an employer to fire, demote, cut the hours of, or refuse to reinstate an employee because of pregnancy, childbirth, breastfeeding, or a related medical condition. This protection comes from the California Fair Employment and Housing Act, codified at Government Code § 12940, which applies to any private employer with five or more employees. California is an at-will employment state, but at-will status does not give an employer the right to fire someone for an illegal reason. A termination motivated by pregnancy is wrongful termination, regardless of what reason the employer puts on paper.
Pregnancy-related workplace complaints are among the most common filed in California. In 2024, the California Civil Rights Department (CRD) received 2,149 complaints citing pregnancy, childbirth, breastfeeding, or related medical conditions as a basis, and another 1,637 citing Pregnancy Disability Leave violations, out of 16,924 total cases. This article explains which actions cross the legal line, what leave rights you have, how to recognize warning signs, what you can recover, and how much time you have to act. For a broader overview of your rights at work, see our California Employment Law Guide.
What Makes a Termination "Wrongful" During Pregnancy in California
Under Government Code § 12940, an employer commits an unlawful employment practice when it takes an adverse action against an employee because of pregnancy, childbirth, breastfeeding, perceived pregnancy, or any related medical condition. “Wrongful termination” is not limited to a pink slip. The law covers a defined set of adverse actions that can harm your employment in ways short of outright firing.
Adverse Actions Covered Beyond Outright Firing
- Termination or constructive discharge (conditions made so intolerable that a reasonable person would feel compelled to resign)
- Demotion, reduction of hours, or pay cut
- Denial of a promotion you were otherwise qualified for
- Refusal to accommodate a pregnancy-related medical need requested with a health care provider’s advice
- Refusal to reinstate you to your position after protected leave
A common employer tactic is labeling a termination as a layoff or restructuring. Under FEHA, the question is whether the pregnancy was a motivating factor in the decision. Shifting or inconsistent explanations for the termination are frequently treated by courts as evidence of pretext.
The 2024 Expansion: Reproductive Health Decision-Making
SB 523 added ‘reproductive health decisionmaking’ as a protected characteristic under FEHA effective January 1, 2023 (not 2024) [source]. This includes an employee’s decisions about contraception, abortion, and fertility treatment. An employer that terminates or disciplines an employee because of any of these decisions now faces the same liability as one that acts because of pregnancy itself.
Which Employers Must Follow California's Pregnancy Discrimination Laws
FEHA applies to private employers with five or more employees. The federal Pregnancy Discrimination Act applies only to employers with 15 or more employees. That ten-employee gap means a significant number of small California businesses are covered by state law but not by federal law. All California public employers are covered regardless of size.
There is no minimum tenure requirement and no minimum hours-worked threshold. An employee is protected from her first day on the job. Part-time workers, seasonal employees, and probationary employees all qualify. If your employer has at least five people on payroll, FEHA applies to you.
Your Pregnancy Disability Leave Rights and What Happens When Employers Violate Them
Many wrongful termination claims are triggered not by a termination notice but by the leave process itself: an employer fires someone the moment she requests leave, during the leave period, or on the day she tries to return. Understanding your leave rights is essential to evaluating whether a termination was lawful. If you are wondering whether your employer can fire you while you are pregnant, our article on whether an employer can fire you while pregnant addresses that question directly.
How Much Leave You Are Entitled To Under California Law
California’s Pregnancy Disability Leave (PDL), established under Government Code § 12945, provides the following:
- Up to four months (17 and one-third weeks, or approximately 693 hours for a full-time employee) of job-protected leave per pregnancy
- Eligibility from the first day of employment, with no minimum tenure or hours-worked requirement
- Leave may be taken before or after birth, provided the employee is disabled by pregnancy or a related condition
- The employer must maintain group health plan coverage throughout the leave period
- Accrued vacation leave may be used during PDL
Stacking PDL with CFRA Baby-Bonding Leave
PDL does not run concurrently with California Family Rights Act (CFRA) leave. After exhausting PDL, a qualifying employee may take an additional 12 weeks of CFRA baby-bonding leave. The combined total can exceed six months of protected leave. An employer that terminates an employee during either period, or refuses reinstatement at the end of either period, faces liability for both the leave violation and wrongful termination.
When the Disability Lasts Longer Than Four Months
The four-month PDL cap is not the end of the legal analysis. If a pregnancy-related disability extends beyond four months, the employer must consider providing additional leave as a reasonable accommodation under FEHA. Refusing to engage in that analysis can itself be an independent violation.
Warning Signs Your Termination During Pregnancy Was Wrongful
The following checklist translates the legal standard into a practical pattern-recognition tool. None of these facts alone is necessarily dispositive, but each is a signal worth discussing with an attorney. The more of these that apply to your situation, the stronger the case for a wrongful termination during pregnancy claim.
Red Flags That Your Termination May Have Been Unlawful
- Timing: You were terminated, demoted, or had your hours cut shortly after disclosing your pregnancy, requesting PDL, or returning from leave.
- Shifting explanations: Your employer gave you one reason for the termination initially and a different reason later, or the explanation changed after you asked follow-up questions.
- Inconsistent treatment: Non-pregnant employees in similar roles were not terminated, laid off, or disciplined for the same conduct or under the same restructuring.
- Suspicious documentation: Performance write-ups or disciplinary records appeared for the first time shortly after your pregnancy became known, with no prior history of documented problems.
- Denial of reinstatement: Your employer told you your position had been “eliminated” or “filled permanently” when you tried to return from PDL or CFRA leave.
- Leave interference: You were discouraged from taking leave, told to come back early, or terminated before your approved leave period ended.
- Denied accommodation: You requested a reasonable accommodation for a pregnancy-related medical need with your doctor’s support, and your employer refused without engaging in any discussion.
- Hostile or pointed comments: A supervisor made remarks about your pregnancy, your anticipated leave, or your ability to do your job while pregnant before or around the time of the termination.
- The position was filled quickly: Shortly after your termination, your employer hired or promoted someone into your role.
A frequent employer defense is that the position was eliminated. Under FEHA, the employer bears the burden of showing that the elimination was unrelated to the protected characteristic. Suspicious timing and inconsistent treatment make that showing significantly harder. For a broader look at signs of unlawful job loss, see our guide on 5 signs you were wrongfully terminated in California.
What You Can Recover in a Wrongful Termination During Pregnancy Claim
The categories below represent what the law makes available; actual outcomes depend entirely on the specific facts of each case, and no specific average settlement or verdict figure is stated here because those figures vary too widely to be meaningfully representative.
Types of Damages Available Under FEHA
- Back pay: Lost wages and benefits from the date of termination through the date of judgment or settlement.
- Front pay: Projected future lost earnings where reinstatement to the former position is not feasible.
- Compensatory damages: Emotional distress, medical costs associated with the harm, and other out-of-pocket losses caused by the employer’s conduct.
- Punitive damages: Available where the employer’s conduct was malicious, oppressive, or fraudulent, and intended to punish and deter that conduct.
- Reinstatement: Return to your former position or a comparable one.
- Attorney’s fees and costs: FEHA permits a prevailing plaintiff to recover attorney’s fees, which is why many employment attorneys accept these cases on a contingency basis.
For more detail on how these claims resolve, our article on pregnancy discrimination settlements in California walks through the factors that affect case outcomes.
Deadlines to File a Wrongful Termination During Pregnancy Claim in California
Missing a filing deadline forfeits your claim entirely. California and federal tracks run independently, and filing one does not automatically satisfy the other.
Filing Track | Where to File | Deadline | What Starts the Clock
|
|---|---|---|---|
State complaint (FEHA) | California Civil Rights Department (CRD) | 3 years | Date of the last discriminatory act |
Civil lawsuit (state) | California Superior Court | 1 year | Date the CRD issues a right-to-sue notice |
Federal complaint (PDA/Title VII) | U.S. Equal Employment Opportunity Commission (EEOC) | 300 days | Date of the discriminatory act (California is a deferral state) |
Before filing a civil lawsuit under FEHA, you must first file a complaint with the CRD and obtain a right-to-sue notice. The date the clock starts can itself be disputed, particularly where the adverse action was gradual or where you were not told the real reason for the termination until later. Because of that ambiguity, waiting to consult an attorney carries real risk.
What to Do If You Believe You Were Wrongfully Terminated During Pregnancy
- Write down what happened while it is fresh. Document dates, conversations, who was present, and what was said. Note the exact sequence: when you disclosed your pregnancy, when you requested leave, and when the adverse action occurred.
- Preserve your records. Save all emails, text messages, performance reviews, offer letters, and any documents your employer gave you. Forward work emails to a personal account before your access is cut off if your employer’s policy permits personal use, or screenshot records you are entitled to retain.
- Request your personnel file. California Labor Code § 1198.5 gives employees the right to inspect their personnel records. Your file may contain documents relevant to your claim that you have never seen.
- Identify potential witnesses. Think about coworkers who observed the termination meeting, heard comments about your pregnancy, or have knowledge of how similarly situated employees were treated.
- Do not sign anything without counsel. Severance agreements often include releases of all claims. Signing one before consulting an attorney may waive your right to pursue a FEHA claim.
- Contact an employment attorney promptly. The three-year CRD deadline feels long, but evidence disappears and witnesses move on. Early consultation also gives an attorney time to send a litigation hold notice to your former employer.
What This Means If You Were Just Fired
If your termination coincided with a pregnancy disclosure, a leave request, or your return from PDL, California law gives you real tools to challenge it, and the employer-coverage threshold is low enough that most workers qualify. The most important thing you can do right now is document everything you remember and preserve whatever records you still have access to. The three-year CRD deadline is generous compared to federal law, but the clock is already running, and a consultation costs you nothing while waiting can cost you your claim. If you are evaluating whether your situation rises to the level of a legal claim, our overview of wrongful termination law in California provides additional context on how these cases are evaluated.
Frequently Asked Questions
Can my employer fire me for poor performance if I am pregnant?
Yes, if the performance issues are the real reason and would have led to termination regardless of the pregnancy. But if the timing is suspicious, the documentation is new, or non-pregnant employees with similar records were not fired, pregnancy may have been a motivating factor. California law prohibits termination where pregnancy is even a contributing reason, not just the sole reason.
What if I was never formally fired but my employer made conditions unbearable?
That can constitute constructive discharge, which is treated as a wrongful termination under FEHA. If an employer deliberately makes working conditions so intolerable that a reasonable person in your position would feel compelled to resign, the resignation is treated legally as a termination.
I just found out I was pregnant. Am I protected from the moment of conception?
FEHA protects you as soon as the employer knows or perceives you to be pregnant. There is no minimum gestational age or minimum tenure required. An employer who fires you the day after you announce your pregnancy faces the same liability as one who fires you at eight months.
I work part-time. Do I still qualify for PDL?
Yes. There is no minimum hours-worked requirement for PDL eligibility. Your leave entitlement is calculated based on your actual scheduled hours, but you are entitled to the leave from day one of employment regardless of how many hours per week you work.
Does filing with the CRD mean I am filing a lawsuit?
No. Filing a CRD complaint is an administrative step required before you can file a civil lawsuit under FEHA. The CRD may investigate the complaint, attempt mediation, or issue a right-to-sue notice allowing you to proceed to court. Filing the complaint does not automatically result in litigation.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Every case turns on its own specific facts, and outcomes cannot be predicted or guaranteed. If you believe your rights have been violated, you should consult a qualified California employment attorney who can evaluate your individual situation.
Contact Setareh Law Group: If you were fired, demoted, or denied leave in connection with a pregnancy, the attorneys at Setareh Law Group represent California workers in wrongful termination and pregnancy discrimination claims. Contact our office to schedule a consultation and get a frank assessment of your situation and your options.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: 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.
Sources and Additional Resources
Authoritative sources cited
- Government Code § 12940
- § 12945
- California Civil Rights Department (CRD)
- Government Code § 12945
- § 12965
- EEOC
- Labor Code § 1198.5
Related Setareh Law Group resources
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