Red flag
“Are you pregnant?”
The EEOC lists “Whether applicant is pregnant” among questions that may be seen as evidence of intent to discriminate.
Job offer rescinded · Pregnancy
Job offer rescinded because you’re pregnant?Applicants are protected too.
You got the offer, shared your news, and then the job disappeared. California law protects people who are applying for work, not just people already on the payroll. Here is what to know and what to save.
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5+employeesEmployers that cannot refuse to hire because of pregnancy
15+employeesEmployers also covered by Title VII and the PWFA
3yearsTo file a complaint with CRD
300daysTo file a charge with the EEOC
The short answer
Pulling a job offer because you are pregnant is generally illegal in California. The Fair Employment and Housing Act protects job applicants, not only employees, at employers with 5 or more workers, and refusing to hire someone because of pregnancy is sex discrimination. Employers also may not ask about pregnancy or plans to have children unless the question relates to specific and relevant working conditions of the job.
From the California labor lawyers at Employees First Labor Law, led by Jonathan P. LaCour, CEO · Senior Trial Counsel. Meet our team. Updated November 2026
On this page
- Job offer rescinded due to pregnancy: are applicants protected?
- Can employers ask about pregnancy plans in an interview?
- When the offer was pulled: common situations
- How to document a rescinded job offer
- Evidence checklist for a withdrawn job offer
- Other rights that may apply to applicants
- Deadlines after a job offer is rescinded
- Past results in pregnancy cases
- Job offer rescinded due to pregnancy: common questions
- Keep reading
Job offer rescinded due to pregnancy: are applicants protected?
Yes. The Civil Rights Department (CRD) says it is illegal for employers of 5 or more employees “to discriminate against job applicants and employees.” On pregnancy, CRD says it is illegal to “fire, refuse to hire, bar, harass, discharge, or otherwise discriminate against someone” because of pregnancy, childbirth or a related condition.
The law behind this is California’s Fair Employment and Housing Act (FEHA). It bars an employer from refusing “to hire or employ” someone because of sex, and FEHA defines sex to include pregnancy, childbirth, breastfeeding and related medical conditions. A state regulation also says it is unlawful to refuse to hire a woman “because she is of childbearing age.”
Federal law adds protection at employers with 15 or more employees. The EEOC says its pregnancy rules “protect job applicants and employees who are pregnant,” including in “the job application and selection process.” For the bigger picture, see our pregnancy discrimination guide.
Can employers ask about pregnancy plans in an interview?
California regulations say it is unlawful for an employer “to ask questions regarding childbearing, pregnancy, birth control, or familial responsibilities” unless they relate to “specific and relevant working conditions of the job in question.” Questions like these are red flags.
Red flag
“Do you plan to have kids soon?”
Questions about “future child bearing plans” are on the same EEOC list. California’s rule bars questions about childbearing.
Red flag
“Who will watch your children?”
The EEOC also lists “Child care arrangements.” California’s rule covers “familial responsibilities.”
Red flag
“Are you on birth control?”
California’s rule names birth control directly. FEHA also protects reproductive health decisionmaking.
Usually fine
“Can you do the job’s duties?”
Questions about the real tasks of the job, asked of everyone, are a different thing from questions about your family plans.
When the offer was pulled: common situations
Timing tells a story. Tap the situation closest to yours.
The offer was withdrawn soon after you said you were pregnant
Write down exactly when and how you told them, and when the offer was pulled. If nothing else changed in between, that timing is important. Save every message from both sides of that date.
You asked about leave or a later start date
Pregnancy disability leave has no minimum time on the job, so a new hire who is disabled by pregnancy can still qualify at an employer with 5 or more employees. An employer that pulls an offer to avoid that leave may be discriminating. CFRA bonding leave is different: it requires more than 12 months on the job and 1,250 hours in the past year.
PDL guideYou asked about an accommodation
At 15 or more employees, the federal Pregnant Workers Fairness Act (PWFA) bars denying a job to a qualified applicant because they need a reasonable accommodation. It also bars punishing an applicant for asking. California’s accommodation rules apply at 5 or more employees.
Pregnancy accommodationsYou were told they need someone who can “fully commit”
Comments about your “availability,” “timing” or “commitment” right after you shared your news are worth writing down word for word. They can show the real reason for the decision.
You were told the job no longer exists
Sometimes that is true. Check whether the job was reposted, and whether someone else started in it. A screenshot of a new posting with the date can matter a great deal.
How to document a rescinded job offer
You may not have a personnel file yet, so your own records matter even more. Start today.
Save the offer and the withdrawal
Keep the offer letter or email, any acceptance you sent, and the message withdrawing the offer. If the withdrawal was by phone, write down the date, time, who called and their exact words right away.
Ask for the reason in writing
A short, calm email asks the employer to put its reason on record. If the story changes later, that can matter.
Email asking why the offer was withdrawnSubject: Withdrawal of my job offer for [position] Hi [Name], On [date], I received and accepted an offer for the [position] role, with a start date of [date]. On [date], I told [name] that I am pregnant. On [date], I was told the offer was withdrawn. Please tell me in writing the reason for this decision, the date it was made, and who made it. Under Labor Code section 432, please also send me a copy of every document I signed relating to this job, including my application and offer acceptance. Thank you, [Your name] [Date]
Get copies of what you signed
Labor Code §432 says that if an applicant signs any document relating to getting a job, they must be given a copy on request. That includes applications, offer letters and onboarding forms.
Watch the job posting
Take dated screenshots if the job is posted again. Note the name and start date of anyone hired into it, if you learn it.
Write a timeline
One page, in order: interview dates, offer date, acceptance, when you shared your news, and the withdrawal. Add any comments about your pregnancy, family or “timing.”
Evidence checklist for a withdrawn job offer
Save your own copies of everything you received as an applicant.
Deadlines after a job offer is rescinded
Enter the date the offer was withdrawn to see the main deadlines.
File a complaint with CRDEnter a dateRequired before suing under FEHA. Covers employers with 5 or more employees.
File a charge with the EEOCEnter a dateFor federal claims (Title VII or PWFA), at employers with 15 or more employees.
File your lawsuitEnter a dateWithin 1 year of CRD’s right-to-sue notice, with some exceptions.
These dates are estimates for general information. Your real deadline depends on your facts. Talk with a lawyer well before any deadline.
Past results in pregnancy cases
A few of our results for workers in pregnancy discrimination cases.
$1,800,000Settlement · Pregnancy discrimination
$1,950,000Settlement · Pregnancy discrimination and wrongful termination
$950,000Settlement · Pregnancy discrimination and wrongful termination (hospital employee fired after requesting pregnancy accommodations)
Past results do not guarantee a similar outcome. Every case is different and depends on its own facts.
Job offer rescinded due to pregnancy: common questions
Can an employer rescind a job offer because I’m pregnant?
Not legally in California, at employers with 5 or more employees. FEHA bars refusing to hire or employ someone because of sex, and sex includes pregnancy. CRD says employers cannot refuse to hire someone because of pregnancy, childbirth or a related condition. An employer can withdraw an offer for real reasons unrelated to pregnancy, so the timing and the stated reason matter.
Do I have to tell a new employer that I’m pregnant?
California regulations make it unlawful for an employer to ask about pregnancy or childbearing unless the question relates to specific and relevant working conditions of the job. If you will need leave or an accommodation, you will need to tell your employer to use those rights. Whenever you share your news, write down the date and who you told, because that timing can matter later.
Is it legal for an interviewer to ask if I plan to have children?
In most cases, no. A California regulation bars questions about childbearing, pregnancy, birth control or family responsibilities unless they relate to specific and relevant working conditions of the job. FEHA also bars non-job-related questions that express a limitation based on sex or marital status. The EEOC says questions about future childbearing plans may be seen as evidence of intent to discriminate.
Can I take pregnancy leave if I just started a new job?
Possibly, yes. Pregnancy disability leave has no minimum length of service or hours requirement, so it can apply from your first day at an employer with 5 or more employees, if your provider says you are disabled by pregnancy. CFRA bonding leave is different: it requires more than 12 months on the job and 1,250 hours in the past year.
What if the employer says the position was eliminated?
A real budget cut or reorganization can be lawful. Check whether the job was posted again, whether someone else was hired into it, and whether other offers were also withdrawn. Save dated screenshots of any new posting. A new title with the same duties is a warning sign worth showing a lawyer.
How much does it cost to talk with a lawyer about a withdrawn offer?
Your first consultation with us is free, and it can be virtual. We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement. We work exclusively for workers, and se habla español.
Keep reading
Sources
- CRD: Employment
- Gov. Code §12940 (FEHA)
- Gov. Code §12926 (definitions)
- 2 CCR §11032 (pre-employment inquiries)
- 2 CCR §11033 (employee selection)
- 2 CCR §11036 (pregnancy harassment)
- 2 CCR §11037 (no eligibility requirement)
- EEOC: Pregnancy discrimination
- EEOC: Pre-employment inquiries
- EEOC: What you should know about the PWFA
- EEOC: Time limits
- Labor Code §432
This page gives general information about California law as of November 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; talk with a lawyer about yours.
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