Los Angeles Pregnancy Discrimination Lawyer

Fired, demoted, or “restructured” out of a job after you announced a pregnancy or went on maternity leave? A Los Angeles pregnancy discrimination lawyer at Bluestone Law can tell you, for free, whether your employer broke California law, and what to save before the evidence disappears. We represent employees, never employers. You pay nothing unless we win.

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What does a pregnancy discrimination lawyer do?

A pregnancy discrimination lawyer represents employees who were fired, demoted, denied accommodations, or pushed out because of pregnancy, childbirth, breastfeeding, or a related medical condition. We prove the real reason behind your employer’s decision, then recover your lost pay and damages in a settlement or at trial.

As pregnancy discrimination attorneys based in Canoga Park, we represent pregnant workers and new parents across Los Angeles County, from Woodland Hills and Northridge to downtown LA. In California, these claims are brought under the Fair Employment and Housing Act (FEHA), which covers more employers than federal law and isn’t limited by federal damage caps.

Can you get fired for being pregnant in California?

No. It’s illegal for a California employer to fire you, refuse to hire you, or treat you worse in pay or job conditions because of your sex (Gov. Code § 12940(a)), and FEHA defines sex to include pregnancy, childbirth, breastfeeding, and related medical conditions (see our guide to lactation accommodation at work).

That protection applies to any employer that regularly employs five or more people. Federal pregnancy protections start at 15 employees. Your employer can still let you go for a genuine reason that has nothing to do with your pregnancy, which is exactly why employers rarely admit the real one. If you were laid off while pregnant, the question is whether the reason they gave holds up.

Was your job really “eliminated” while you were on maternity leave?

Often it wasn’t. Employers almost never say the pregnancy was the reason; instead, the job gets “restructured” or “eliminated” while you’re out, and then quietly filled by someone else.

California law is on your side here. After pregnancy disability leave you’re guaranteed a right to return to the same position. If your employer refuses because the job supposedly no longer exists, the same regulation makes the employer prove, by a preponderance of the evidence, that you wouldn’t have been employed in that position anyway, for legitimate business reasons unrelated to your leave.

In Rotem’s words: Employers usually disguise it as a restructuring during maternity leave, or elimination of position. It’s imperative that you look at job postings to see if they’re searching for someone else to fill that position. That is strong evidence of pretext. We take a screenshot of the job postings in case they remove it.

Pretext means the reason your employer gave isn’t the real reason. A job ad for your “eliminated” role, posted while you were on leave or right after you came back, is one of the clearest ways to show it.

Your job “eliminated” during maternity leave?

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What does pregnancy discrimination look like at work?

It’s any worse treatment tied to your pregnancy: being fired, demoted, passed over, having your hours or duties cut, or being refused a reasonable accommodation your doctor recommended. It also includes being punished for complaining about any of that.

Here are the patterns we see most often. For a longer list, see 12 examples of pregnancy discrimination under California law.

What are your rights as a pregnant employee in California?

California gives you up to four months of job-protected pregnancy disability leave, reasonable accommodations at work, and the right to return to your job. Those protections cover far more employers than federal law, and California’s remedies aren’t limited by federal damage caps.

California vs. federal pregnancy protections

California (FEHA, PDL, CFRA)Federal (Title VII, PWFA, FMLA)
Employer size5+ employees15+ employees (FMLA leave: 50+)
Pregnancy leaveUp to 4 months of pregnancy disability leave, plus CFRA bonding leave if you’re eligibleUp to 12 weeks of FMLA leave, if eligible
AccommodationsRequired on request, with your provider’s adviceRequired unless undue hardship (PWFA)
Damage capsNone in FEHA’s remedies section$50,000–$300,000, by employer size
Deadline to file3 years (Civil Rights Department)300 days in California (EEOC)

According to the Civil Rights Department’s fact sheet, if you’re eligible for both, you can take pregnancy disability leave and CFRA leave related to your child’s birth. For the details, see our guides to Pregnancy Disability Leave and FMLA and CFRA leave.

How do you prove pregnancy discrimination?

Usually with timing and inconsistencies, not a confession. You show that the bad decision came soon after your employer learned of your pregnancy or leave, and that the reason it gave doesn’t match what actually happened.

The strongest evidence tends to be ordinary documents: a job posting for your “eliminated” role, emails that change tone after your announcement, performance reviews from before and after, and how coworkers who weren’t pregnant were treated. Rotem Tamir began his career defending employers, so we know which of these explanations hold up and which were written after the fact. Evidence is also what drives a case’s value; see what a pregnancy discrimination case is worth in California. Every case is unique; past results do not guarantee future outcomes.

How long do you have to file a pregnancy discrimination claim?

In California, you have three years from the discriminatory act to file with the Civil Rights Department. Once it issues a right-to-sue notice, you have one year from the date of that notice to file in court.

The clock usually starts on the date of the firing, demotion, or denied accommodation, not when you realize it was illegal. Requesting an immediate right-to-sue notice starts the one-year clock the day it issues, so make that request with a lawyer, not before talking to one. Federal claims with the EEOC have a much shorter 300-day window in California.

How much does a pregnancy discrimination lawyer cost?

Nothing upfront. We take pregnancy discrimination cases on contingency: no retainer, no hourly fees, and you pay nothing unless we win.

  1. Free consultation. Tell us what happened; we’ll tell you if you have a case.
  2. We investigate. Your records, the timeline, and your employer’s job postings.
  3. We file and fight. A Civil Rights Department complaint, then a settlement or trial.

The first conversation is free and confidential. Tell us what happened, and we’ll tell you if you have a case and what it could be worth. No cost, no obligation, no pressure.

What should you do right now?

Screenshot your employer’s job postings, today, especially any ad for your own role or one that looks like it. Then write down the dates that matter and save every email, text, and review you can lawfully access.

Then call us. Rotem Tamir personally reviews every potential case, and we’ll get back to you within 24 hours. Virtual meetings are available, so you don’t have to leave home with a newborn.

Frequently Asked Questions

Can I be laid off while on maternity leave in California?

Only if the layoff would have happened anyway, for business reasons unrelated to your leave, and your employer has to prove it. If your position was “eliminated” and then posted or filled by someone else, that’s a strong sign the layoff was a pretext.

Do I have to tell my employer I’m pregnant?

To get pregnancy disability leave or an accommodation, your employer needs to know you need it, and California lets your employer ask for reasonable notice of when leave will start. Telling your employer in writing also creates a record of exactly when they knew.

What accommodations can I ask for while pregnant?

Ones your health care provider advises, such as lifting limits, more frequent breaks, a stool or chair, a modified schedule, or time off for prenatal appointments. California makes it unlawful to refuse a reasonable accommodation for a pregnancy-related condition when you request it with your provider’s advice.

I’m afraid my boss will retaliate if I complain. Is that legal?

No. California law makes it illegal to fire, demote, or otherwise punish you because you opposed discrimination or filed a complaint. Retaliation is its own claim, on top of the discrimination itself.

Does it matter how many employees my employer has?

Yes. California’s pregnancy protections apply to employers with five or more employees. Federal protections start at 15, and federal FMLA leave applies only to employers with 50 or more.

Your employer broke the law. We make them pay. Free Consultation · (310) 363-0975 · 7008 Owensmouth Ave., Canoga Park, CA 91303 · Se habla español.

This page is attorney advertising and general information, not legal advice. Every case is unique; past results do not guarantee future outcomes.

Legally reviewed by — Founding & Managing Attorney of Bluestone Law and a California-licensed employment attorney (CA State Bar #328968), J.D., Loyola Law School. Rotem represents California employees in wrongful termination, sexual harassment, discrimination, retaliation, and wage cases.

Treated differently because you are pregnant?

Pregnancy discrimination and leave violations are illegal in California. Get a free, confidential case review from a California employment attorney.

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