Your Rights Are Protected: Working with a Pregnancy Discrimination Lawyer

You’re expecting a child and should be celebrating this milestone, but instead, you’re worried about job security after noticing subtle changes in how your employer treats you. Maybe you’ve been passed over for assignments, excluded from meetings, or worse—your supervisor hinted that your pregnancy might make you “less committed” to the role. The fear of losing income when you need it most can feel overwhelming, but you have powerful legal protections under both federal and California state laws. The 2023 Pregnant Workers Fairness Act, combined with California’s robust employment protections, creates a strong shield against pregnancy-based discrimination and wrongful termination that many employers still don’t fully understand.

💡 Pro Tip: Document every interaction with supervisors and HR regarding your pregnancy, including dates, witnesses present, and exact words used—these records often become crucial evidence in discrimination cases.

Facing challenges at work due to pregnancy? Don’t let uncertainty hold you back. At RD Law Group APC, we’re equipped to help you navigate these critical times. Reach out today at (424) 535-1500 or contact us to secure your rights and peace of mind.

Understanding Federal and California Protections Against Pregnancy Discrimination

The Pregnancy Discrimination Act outlaws discrimination based on pregnancy, childbirth, or related medical conditions as an amendment to Title VII of the Civil Rights Act of 1964. This federal protection was significantly strengthened when the Pregnant Workers Fairness Act went into effect on June 27, 2023, requiring covered employers to provide reasonable accommodations to qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation causes undue hardship. A pregnancy discrimination lawyer can help you understand how these federal protections work together with California’s even more comprehensive laws to safeguard your employment rights.

💡 Pro Tip: California’s Fair Employment and Housing Act (FEHA) applies to employers with 5 or more employees, providing broader protection than federal laws that typically require 15+ employees.

Critical Deadlines and Steps to Protect Your Rights

Time is crucial when dealing with pregnancy discrimination, and understanding California’s specific timelines can make the difference between successfully protecting your job and losing valuable legal remedies. Employment discrimination complaints in California must be filed within three years from the date an alleged discriminatory act occurred, giving you more time than many other states. However, the sooner you act, the stronger your case becomes as evidence remains fresh and witnesses’ memories stay clear. Working with a pregnancy discrimination lawyer early in the process helps ensure you meet all procedural requirements while building the strongest possible foundation for your claim.

  • Immediate Documentation (Days 1-7): Record all incidents, save emails, and gather witness contact information while details remain fresh in memory.

  • Internal Complaint Process (Weeks 1-4): File formal complaints with HR or management, following your company’s established procedures while creating a paper trail.

  • DFEH/CRD Complaint (Within 3 years): File with California’s Civil Rights Department, which investigates discrimination claims and can issue right-to-sue letters.

  • EEOC Filing (Within 300 days): Submit federal complaints with the Equal Employment Opportunity Commission, which began accepting PWFA charges on June 27, 2023.

  • Legal Action (After right-to-sue): Pursue civil litigation with comprehensive documentation and professional legal representation to maximize recovery potential.

💡 Pro Tip: California’s three-year statute of limitations for employment discrimination is significantly longer than the federal 180-300 day requirement, but don’t wait—earlier action preserves more legal options.

Protecting Your Career and Family’s Future

Fighting pregnancy discrimination requires strategic action that balances immediate workplace needs with long-term career protection. The PWFA uses the same enforcement mechanisms and procedures as Title VII of the Civil Rights Act of 1964, providing multiple avenues for resolution including mediation, administrative complaints, and civil litigation. California employers with 5 or more employees are prohibited from discriminating based on pregnancy, childbirth, or related conditions, and must provide reasonable accommodations and time off under state law protections that often exceed federal requirements. A pregnancy discrimination lawyer can evaluate your specific situation, determine which laws provide the strongest protection, and develop a comprehensive strategy that secures both immediate workplace accommodations and long-term job security for your growing family.

💡 Pro Tip: Keep detailed records of any accommodations you’ve requested and your employer’s responses—reasonable accommodation failures often provide the clearest evidence of discrimination.

Understanding Reasonable Accommodations Under the PWFA

The PWFA requires covered employers to provide reasonable accommodations unless it causes undue hardship, and the Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected employees. Reasonable accommodations may include closer parking spots, additional break time for bathroom use, eating, and resting, leave to recover from childbirth, and exemption from strenuous activities or exposure to unsafe materials or chemicals. California employers cannot force employees to take pregnancy disability leave and must still provide reasonable accommodations even if the employee chooses not to take leave, creating dual layers of protection that a pregnancy discrimination lawyer can leverage to secure comprehensive workplace modifications.

Beyond Basic Accommodations: Comprehensive Workplace Modifications

The PWFA incorporates ADA definitions of “reasonable accommodation” and “undue hardship” and uses the framework and language of the ADA, including the interactive process that helps determine appropriate accommodations. Employers cannot require employees seeking accommodations to be examined by employer-selected healthcare providers, and seeking documentation must be reasonable under the circumstances. In our experience representing pregnant employees, we often find that employers initially resist accommodations they’re legally required to provide, but most comply quickly once they understand the legal requirements and potential liability for refusal.

💡 Pro Tip: The interactive process is key—engage in good-faith discussions with your employer about specific accommodations you need, and document these conversations thoroughly.

When Pregnancy-Related Conditions Qualify for Additional Protections

Medical conditions arising from pregnancy, such as preeclampsia or gestational diabetes, may qualify as disabilities under the Americans with Disabilities Act (ADA), while employees with qualifying pregnancy-related conditions may be eligible for 12 weeks of medical leave in a 12-month period under the Family Medical Leave Act (FMLA). Pregnancy itself is not a disability under the ADA, only certain pregnancy-related conditions, but when these conditions do qualify, they trigger additional accommodation requirements and job protection measures. A pregnancy discrimination lawyer can help identify all applicable laws and ensure you receive maximum protection under each statute that applies to your specific circumstances.

Navigating Multiple Legal Protections Simultaneously

Unlike PDA and ADA, FMLA is enforced by the Department of Labor, not the EEOC, creating complex jurisdictional issues that require careful coordination. When a woman is temporarily disabled due to a pregnancy-related condition and cannot perform her job, an employer has to treat her the same way it treats any other employee who has a temporary disability, which may include providing alternative assignments, FMLA leave, or unpaid leave. More than 30 states and cities have laws that require employers to provide accommodations for pregnant workers, and the PWFA does not replace federal, state, or local laws that are more protective of workers.

💡 Pro Tip: If you develop pregnancy complications, inform your employer immediately and request specific accommodations in writing—timing can affect which laws apply and what benefits you’re entitled to receive.

Recognizing and Addressing Workplace Harassment

Harassment based on pregnancy, childbirth, or related conditions is unlawful if it creates a hostile work environment or results in adverse employment decisions, and harassment may be perpetrated by an employee’s supervisor, a supervisor in another area, a coworker, or even a customer of the employer. The PDA prohibits both obviously discriminatory policies and neutral policies that have a negative disparate impact on pregnant employees or those with pregnancy-related conditions, meaning employers cannot create rules that expressly prevent pregnant women from performing specific tasks only because they are pregnant. Working with a pregnancy discrimination lawyer becomes essential when harassment escalates or when seemingly neutral policies disproportionately affect pregnant workers, as these situations require sophisticated legal analysis to prove discrimination and secure appropriate remedies.

Building a Strong Case Against Discriminatory Treatment

It is unlawful for employers to take adverse action against qualified employees for requesting or using reasonable accommodations, and California’s Fair Employment and Housing Act prohibits retaliation for asserting rights under the law. Employers cannot make changes to an employee’s job because they are pregnant unless the employee requests such changes, creating clear boundaries around acceptable workplace behavior. Transgender employees with pregnancy disabilities are entitled to the same rights and accommodations as any other employee with pregnancy-related conditions, ensuring comprehensive protection regardless of gender identity.

💡 Pro Tip: Document patterns of treatment—single incidents might seem minor, but patterns of exclusion, negative comments, or unfair treatment often reveal systematic discrimination that violates federal and state laws.

Frequently Asked Questions

Understanding Your Legal Rights During Pregnancy

Pregnant employees often worry about job security and don’t realize the extensive legal protections available under current federal and California laws. Understanding your rights helps you recognize discrimination early and take appropriate action to protect your career.

💡 Pro Tip: Keep a written record of all pregnancy-related workplace discussions, including accommodation requests and your employer’s responses—documentation strengthens any potential legal claim.

Next Steps When You Suspect Discrimination

Early action is crucial in pregnancy discrimination cases, as evidence can disappear and witnesses’ memories fade over time. California provides multiple avenues for addressing discrimination, from internal company processes to state and federal agency complaints.

💡 Pro Tip: Don’t wait for discrimination to escalate—consulting with legal counsel early helps you understand your options and develop a proactive strategy for protecting your rights.

1. Can my employer fire me for being pregnant under the 2023 Pregnant Workers Fairness Act?

No, firing someone because they are pregnant violates both the Pregnancy Discrimination Act and the 2023 PWFA. California law provides even stronger protections, prohibiting discrimination by employers with 5 or more employees and requiring reasonable accommodations throughout pregnancy and recovery.

2. What accommodations can I request during pregnancy in California?

You can request reasonable accommodations including closer parking, frequent bathroom breaks, modified duties, schedule changes, and time off for prenatal appointments. California law requires employers to provide accommodations unless they cause undue hardship, and you cannot be forced to take pregnancy disability leave if you prefer to work with accommodations.

3. How long do I have to file a pregnancy discrimination complaint in California?

California provides three years from the date of discrimination to file with the Civil Rights Department, much longer than federal deadlines. However, acting quickly preserves evidence and protects your ongoing employment relationship while pursuing resolution.

4. Can my employer require a doctor’s note for every pregnancy accommodation?

Employers can request reasonable documentation but cannot require examination by company-selected healthcare providers. The documentation request must be reasonable under the circumstances and related to the specific accommodation needed.

5. Do I need a lawyer for a pregnancy discrimination case in Los Angeles?

While you can file complaints independently, employment discrimination cases involve complex federal and state laws with strict procedural requirements. An experienced attorney helps navigate these complexities, maximizes your recovery potential, and protects your rights throughout the process.

Work with a Trusted Wrongful Termination Lawyer

Pregnancy discrimination cases require understanding of multiple overlapping federal and state laws, each with specific requirements and deadlines. The interaction between the PWFA, PDA, ADA, FMLA, and California’s FEHA creates complex legal landscapes that benefit from professional navigation. At RD Law Group APC, we help pregnant employees understand their full range of legal protections and develop comprehensive strategies that secure both immediate workplace accommodations and long-term career protection. Whether you need help requesting reasonable accommodations, filing discrimination complaints, or pursuing civil litigation, having experienced legal counsel ensures your rights are fully protected during this crucial time in your life.

Don’t let pregnancy discrimination put a damper on your career or peace of mind. RD Law Group APC is here to guide you through your legal rights and ensure you’re protected every step of the way. Reach out at (424) 535-1500 or contact us today for the support you need.