Can You Fire a Pregnant Women in California

California law provides robust protections for pregnant workers. The short answer is no, you cannot fire a pregnant woman in California solely because of her pregnancy. The California Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDL) safeguard pregnant employees from discrimination and wrongful termination.

Tip: Familiarize yourself with these laws to better understand your rights as a pregnant employee.

Key Protections for Pregnant Workers in California

• Right to reasonable accommodations

• Protection from harassment and discrimination

• Entitlement to pregnancy disability leave

• Right to return to the same or comparable position after leave

Employers must provide reasonable accommodations for pregnant employees. This can include modified work duties, flexible schedules, or temporary transfers to less strenuous positions. If you’re facing challenges at work due to your pregnancy, don’t hesitate to request accommodations.

Tip: Document all communications with your employer regarding your pregnancy and any requested accommodations.

Can You Get Laid off on Maternity Leave in California?

Generally, it is illegal to lay off an employee specifically because they are on maternity leave. However, if a company undergoes a legitimate restructuring or faces economic hardship, pregnant employees or those on maternity leave are not immune from layoffs. The key is that the decision must be based on non-discriminatory factors.

Tip: If you’re laid off while pregnant or on maternity leave, consult with a pregnancy discrimination lawyer in California to ensure your rights weren’t violated.

Signs of Potential Pregnancy Discrimination

Recognizing the signs of pregnancy discrimination is crucial. Be alert to sudden changes in treatment, such as:

• Decreased work responsibilities

• Exclusion from important meetings or projects

• Negative performance reviews that contradict prior assessments

• Comments suggesting pregnancy affects job performance

Tip: Keep a detailed record of any incidents that may suggest discriminatory treatment.

Steps to Take if You Face Pregnancy Discrimination

If you believe you’re experiencing pregnancy discrimination, take action. Here’s what you can do:

1. Document everything: Keep a log of incidents, conversations, and any relevant emails or messages.

2. Review company policies: Familiarize yourself with your employer’s policies on pregnancy and leave.

3. Report internally: Follow your company’s procedure for reporting discrimination.

4. Consult an attorney: Speak with a pregnancy discrimination attorney in California for legal guidance.

5. File a complaint: Consider filing with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).

Tip: Act promptly, as there are time limits for filing discrimination complaints.

Legal Recourse: Working with a Pregnancy Discrimination Lawyer

Seeking legal assistance can be crucial in addressing pregnancy discrimination. A skilled pregnancy discrimination lawyer in California can help you understand your rights, gather evidence, and navigate the legal process. They can also advise on the potential outcomes of your case and help you make informed decisions.

Tip: Look for an attorney with specific experience in pregnancy discrimination cases in California.

How a Lawyer Can Help

A pregnancy discrimination attorney can provide invaluable support. They can:

• Assess the strength of your case

• Guide you through the complaint filing process

• Negotiate with your employer on your behalf

• Represent you in court if necessary

• Help you seek appropriate remedies, such as reinstatement or compensation

Tip: Many attorneys offer free initial consultations, allowing you to discuss your case before committing to legal representation.

Recent Statistics on Pregnancy Discrimination in California

Understanding the prevalence of pregnancy discrimination can provide context to your situation. According to recent data from 2024:

• Pregnancy discrimination complaints in California have increased by 12% compared to the previous year.

• 65% of pregnancy discrimination cases in the state result in favorable outcomes for the employee when legal representation is involved.

Tip: These statistics highlight the importance of seeking legal assistance if you face pregnancy discrimination.

Preventing Pregnancy Discrimination in the Workplace

Both employers and employees play a role in preventing pregnancy discrimination. Employers should provide regular training on anti-discrimination policies and create a supportive environment for pregnant workers. As an employee, staying informed about your rights and communicating openly with your employer can help prevent issues.

Tip: Encourage your workplace to develop clear policies on pregnancy accommodations and leave.

Frequently Asked Questions

1. What should I do if I’m laid off while pregnant in California?

If you’re laid off while pregnant in California, consult with a pregnancy discrimination attorney to review your case and ensure your rights weren’t violated.

2. Can they fire you while you are pregnant in California for poor performance?

An employer can terminate a pregnant employee for legitimate, non-discriminatory reasons such as poor performance. However, the performance issues must be well-documented and unrelated to the pregnancy.

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

In California, you generally have three years from the date of the discriminatory act to file a complaint with the Department of Fair Employment and Housing (DFEH).

4. What damages can I recover in a pregnancy discrimination case in California?

Potential damages in a pregnancy discrimination case may include back pay, front pay, emotional distress damages, and in some cases, punitive damages.

Work with a Pregnancy Discrimination Lawyer

Navigating pregnancy discrimination can be challenging, but you don’t have to face it alone. If you’re dealing with unfair treatment at work due to pregnancy, consider reaching out to a knowledgeable pregnancy discrimination lawyer in California. 

Tip: When selecting a lawyer, consider their experience, track record, and understanding of California’s specific pregnancy discrimination laws.

Conclusion: Finding a Pregnancy Discrimination Lawyer

Remember, pregnancy should be a time of joy and anticipation, not stress and discrimination. By understanding your rights and taking appropriate action, you can ensure a fair and supportive work environment during this important time in your life.

RD Law Group is here to support you. They can provide the guidance and support you need to protect your rights and seek justice. Contact our team of experienced pregnancy discrimination lawyers at (424) 535-1500.