When Your Employer Treats You Unfairly During Pregnancy
Losing your job or facing unfair treatment at work while pregnant can feel devastating—especially when you’re preparing for a new addition to your family. In California, you have three years from the date of discrimination to file a complaint, giving you time to protect your rights even after your baby arrives. Many expecting mothers don’t realize how extensive their legal protections are under both state and federal law, or that they have multiple avenues for pursuing justice when employers violate these protections.
💡 Pro Tip: Document everything related to your pregnancy at work—from the day you inform your employer to any changes in treatment, assignments, or comments made about your condition. This documentation becomes crucial evidence if you need to pursue a claim later.
If you believe you’ve encountered pregnancy discrimination at work, you’re not alone, and there’s help available. Reach out to RD Law Group APC to explore your options and take the first step towards justice. Call (424) 535-1500 or contact us today and let us help you navigate this challenging time with confidence.
Your Rights Under California and Federal Pregnancy Protection Laws
California provides some of the strongest pregnancy protections in the nation through the Fair Employment and Housing Act (FEHA), which covers employers with five or more employees. The FEHA explicitly protects against discrimination based on pregnancy, childbirth, breastfeeding, and related medical conditions—and these protections apply regardless of your citizenship or immigration status. Working with a pregnancy discrimination lawyer helps ensure you understand all available protections, including mandatory disability leave of up to four months for pregnancy-related disabilities that many employees don’t know about.
Federal law adds another layer of protection through three key statutes enforced by the Equal Employment Opportunity Commission (EEOC). Title VII, as amended by the Pregnancy Discrimination Act, prohibits discrimination based on current pregnancy, past pregnancy, potential pregnancy, and related conditions including breastfeeding and lactation. The newer Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations unless doing so would cause undue hardship. These pregnancy discrimination laws work together to create comprehensive protection that addresses both discriminatory treatment and the need for workplace accommodations.
💡 Pro Tip: You don’t have to choose between state and federal protections—file with both the California Civil Rights Department and the EEOC to preserve all your rights and give yourself the most options for resolution.
Critical Deadlines for Filing Your Pregnancy Discrimination Claim
Understanding the timeline for filing claims can make the difference between preserving your rights and losing them forever. While California gives you three years to file a complaint for employment discrimination, federal deadlines are much shorter—just 180 days to file with the EEOC in most cases. A pregnancy discrimination lawyer can help you navigate these overlapping deadlines and ensure you don’t miss critical filing dates that could bar your claims.
- Three years from the discriminatory act to file with the California Civil Rights Department—one of the longest statutes of limitations for employment claims in the country
- 180 days to file federal EEOC charges, though this extends to 300 days in states like California that have their own enforcement agencies
- 45 days for federal employees to contact an EEO Counselor—a drastically shorter timeline that catches many by surprise
- One year to file a civil lawsuit after receiving a right-to-sue notice from the CRD, with the option to request immediate right-to-sue if you want to skip the investigation process
- Up to one year for the CRD to complete its investigation once you file, though you can request your right-to-sue notice at any time to move forward with litigation
💡 Pro Tip: Don’t wait for "one more incident" to file your claim—the clock starts running from each discriminatory act, and waiting too long could mean earlier violations become time-barred even if later ones remain actionable.
How a Pregnancy Discrimination Lawyer Can Protect Your Rights
Taking action against pregnancy discrimination requires strategic planning and thorough documentation, which is why many women turn to experienced legal counsel for guidance. A pregnancy discrimination lawyer understands the nuances of both state and federal protections, helping you build the strongest possible case whether you’re seeking reinstatement, compensation for lost wages, or damages for emotional distress. RD Law Group APC has extensive experience handling these sensitive cases, recognizing that pregnancy discrimination affects not just your career but your family’s financial security during a crucial time.
The resolution process often begins with filing administrative complaints, but having legal representation from the start strengthens your position significantly. Your attorney can help gather evidence, interview witnesses, and present your case in the most compelling way possible to agency investigators. California Employment Discrimination Laws provide various remedies including back pay, front pay, compensatory damages, and even punitive damages in cases of malicious discrimination, making it worthwhile to pursue justice even years after the discrimination occurred.
💡 Pro Tip: Request your personnel file and any performance reviews immediately after experiencing discrimination—employers sometimes alter records after complaints are filed, so securing these documents early protects the integrity of your evidence.
Common Forms of Pregnancy Discrimination You Shouldn’t Ignore
Pregnancy discrimination takes many forms beyond obvious termination, and recognizing these subtler violations helps you protect your rights before situations escalate. Employers who suddenly find fault with previously praised performance, reduce responsibilities, exclude pregnant employees from meetings or opportunities, or make comments about pregnancy affecting work commitment are engaging in discriminatory behavior. Working with a pregnancy discrimination lawyer helps identify patterns of discrimination that might not seem actionable individually but paint a clear picture of illegal bias when viewed together.
Denied Accommodations and Forced Leave
One particularly harmful form of discrimination occurs when employers refuse reasonable accommodations or force pregnant employees onto unpaid leave unnecessarily. Under the PWFA and California law, employers must provide accommodations like modified work schedules, temporary reassignment to less strenuous duties, or additional break time for medical appointments unless these create genuine undue hardship. Some employers claim any accommodation is too burdensome without actually assessing feasibility, while others pressure pregnant workers to take leave rather than providing simple adjustments that would allow continued employment.
💡 Pro Tip: Always request accommodations in writing and propose specific solutions—this creates a paper trail and shows you’re actively trying to maintain your employment rather than seeking special treatment.
Building Your Pregnancy Discrimination Case for Maximum Impact
Strong pregnancy discrimination cases rely on more than just showing unfair treatment—they require demonstrating that pregnancy was a motivating factor in the employer’s actions. This often means establishing a timeline showing how treatment changed after pregnancy disclosure, documenting any pregnancy-related comments or questions from supervisors, and comparing treatment to non-pregnant employees in similar situations. A pregnancy discrimination lawyer knows what evidence carries the most weight and can help you gather information that might not seem relevant but actually strengthens your claim significantly.
The Power of Comparative Evidence
One of the most compelling types of evidence in pregnancy discrimination cases involves showing how similarly situated non-pregnant employees received better treatment. This might include male employees who took medical leave without penalty, non-pregnant employees who received accommodations for temporary conditions, or showing that performance issues suddenly arose only after pregnancy announcement despite previous positive reviews. The Los Angeles area sees thousands of these cases each year, with many resulting in substantial settlements when employees can demonstrate clear disparate treatment through careful documentation and comparison.
💡 Pro Tip: Create a detailed timeline starting from when you informed your employer about your pregnancy, including dates of any negative comments, changes in assignments, or disciplinary actions that seem connected to your pregnancy status.
Frequently Asked Questions
Understanding Your Rights and Options
Many pregnant employees have similar concerns about their rights and the claims process, and getting clear answers helps you make informed decisions about protecting yourself and your growing family.
💡 Pro Tip: Write down questions as they occur to you throughout your pregnancy and employment—having a comprehensive list helps you make the most of any legal consultation.
Taking Action and Moving Forward
Knowing when and how to take action against pregnancy discrimination ensures you don’t miss important deadlines while also giving yourself time to make thoughtful decisions about your future.
💡 Pro Tip: Even if you’re unsure about filing a formal complaint, consulting with an attorney early helps you understand your options and preserve evidence while you decide how to proceed.
1. Can I still file a pregnancy discrimination claim if I already had my baby?
Yes, you have three years from the date of each discriminatory act to file a claim with the California Civil Rights Department, regardless of whether you’re still pregnant. This extended timeline recognizes that new parents often need time to focus on their families before pursuing legal action. Federal claims have shorter deadlines, so consulting with a California pregnancy discrimination attorney quickly helps preserve all possible claims.
2. What if my employer claims they fired me for performance issues, not pregnancy?
Employers often use performance as a pretext to hide pregnancy discrimination, but courts look beyond surface explanations. If your performance reviews were positive before announcing pregnancy, if the employer can’t provide specific examples of problems, or if non-pregnant employees with similar issues weren’t terminated, these factors suggest discrimination. A Los Angeles employment discrimination lawyer can help uncover evidence of pretext through discovery and depositions.
3. Do I have to go through the CRD investigation or can I file a lawsuit immediately?
California law allows you to request an immediate right-to-sue notice instead of waiting for the CRD investigation, which can take up to one year. This option lets you file a civil lawsuit right away, giving you more control over timing and strategy. However, skipping the investigation means losing potential benefits of having the state advocate on your behalf, so discuss both options with your wrongful termination lawyer California to determine the best approach.
4. What damages can I recover in a pregnancy discrimination lawsuit in Los Angeles?
California pregnancy discrimination lawsuits can result in various damages including back pay for lost wages, front pay for future losses, compensation for emotional distress, punitive damages for malicious conduct, and attorneys’ fees. The amount depends on factors like length of unemployment, severity of discrimination, and employer size. Some cases also result in policy changes that protect future pregnant employees.
5. Should I file with both state and federal agencies for pregnancy discrimination?
Filing with both the CRD and EEOC maximizes your options and protections since each agency enforces different laws with varying remedies. The agencies have a worksharing agreement that prevents duplicate investigations while preserving your rights under both systems. An experienced Los Angeles wrongful termination lawyer can file with both agencies simultaneously and ensure all deadlines are met.
Work with a Trusted Wrongful Termination Lawyer
Pregnancy discrimination violates your fundamental rights and threatens your family’s financial stability during an already challenging time. RD Law Group APC understands the unique pressures facing pregnant employees and new parents, providing compassionate yet aggressive representation to hold employers accountable. With California’s three-year statute of limitations, you have time to focus on your family first, but don’t wait too long to explore your legal options. Contact an experienced California wrongful termination attorney who can evaluate your case, explain your rights under both state and federal law, and help you pursue the justice and compensation you deserve.
If you’re feeling overwhelmed by unfair treatment at work due to pregnancy, take action now with RD Law Group APC by your side. Don’t let this affect your future—reach out and start paving the path to justice. Call (424) 535-1500 or contact us to discuss your case and secure your rights.
