Fired for being pregnant · California

Can you be fired for being pregnant?In California, the answer is no.

California and federal law protect pregnant workers from being fired, demoted, harassed or pushed out. Here is who is covered, what counts, and what to do if it happened to you.

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5+employeesFEHA bars pregnancy discrimination

1+employeePregnancy harassment is banned

15+employeesFederal PWFA and Title VII apply

3yearsTo file a complaint with CRD

The short answer

No. In California, you cannot be fired for being pregnant. Under the Fair Employment and Housing Act (FEHA), pregnancy is a form of sex, and employers with 5 or more employees cannot fire, demote or refuse to hire you because of it. Harassment is banned at employers of any size. Firing you for taking pregnancy leave or asking for an accommodation is also unlawful.

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

Can I be fired for being pregnant in California? What the law says
What counts as pregnancy discrimination at work
“They said it was performance.” How to tell what really happened
Fired while pregnant? Find your situation
What if your employer has fewer than 5 employees?
Was my firing because of pregnancy illegal? A quick check
What to do if you were fired while pregnant
Deadlines to file a pregnancy discrimination claim
Past results for pregnant workers
Fired for being pregnant: common questions
Keep reading

Can I be fired for being pregnant in California? What the law says

California’s main job-discrimination law, the Fair Employment and Housing Act (FEHA), treats pregnancy as part of “sex.” That includes pregnancy, childbirth, breastfeeding and related medical conditions. An employer with 5 or more employees cannot fire you, demote you, cut your pay or refuse to hire you because of any of these.

Several other laws add to that protection:

Pregnancy leave and accommodation (Government Code §12945): at 5 or more employees, you can take up to 4 months of leave while disabled by pregnancy and ask for reasonable changes at work. Interfering with those rights is unlawful. See our PDL guide.
Harassment: FEHA’s ban on harassment covers employers with even 1 employee.
Retaliation (Government Code §12940(h)): your employer cannot punish you for asserting your rights or complaining.
Federal law: at 15 or more employees, Title VII and the Pregnancy Discrimination Act bar discrimination based on current, past or potential pregnancy. The Pregnant Workers Fairness Act (PWFA), in effect since June 27, 2023, requires reasonable accommodations.

California also protects “reproductive health decisionmaking,” such as decisions about birth control. Starting January 1, 2027, a new law (AB 2563) spells out that sex discrimination under FEHA includes miscarriage, fertility, abortion, lactation and contraception. The Legislature calls it a clarification of existing law. More in our AB 2563 guide.

What counts as pregnancy discrimination at work

Discrimination is not only firing. These are common examples. Each depends on the facts.

Fired after you share the news

You tell your manager you’re pregnant, and soon after you’re let go for a vague reason.

Demoted or hours cut

Your shifts shrink, your duties are taken away, or you’re moved to a lower-paying role.

Accommodation refused

Your provider recommends a change, like a stool or lifting limits, and your employer says no without a real discussion.

Forced onto leave

You can still work with an accommodation, but you’re told to go home. At 15+ employees, the PWFA bars this.

Job offer pulled

An offer disappears after the employer learns you are pregnant. FEHA covers hiring decisions too.

Comments and harassment

Jokes about your body, remarks that you “won’t be committed,” or pressure to quit.

“They said it was performance.” How to tell what really happened

Employers rarely say, “We fired you because you’re pregnant.” More often they point to performance, attendance or a reorganization. The question is whether that reason holds up.

Federal EEOC guidance on retaliation names the kinds of evidence that can show the stated reason is not the real one:

Timing. Problems that appear only after you announced your pregnancy, asked for an accommodation or requested leave.
Shifting reasons. One reason in the meeting, a different one in the termination letter, a third one later.
How others were treated. Coworkers who were not pregnant made similar mistakes and kept their jobs.
Your record. Good reviews, raises or praise before the news, and no written warnings.

None of these proves a case on its own. Together they paint a picture. That is why saving emails, reviews and texts matters so much. If you were let go during or after leave, read fired after maternity leave.

Fired while pregnant? Find your situation

Tap the one closest to what happened.

You were let go soon after announcing your pregnancy

Close timing is one of the strongest signs to look at. Write down when you told your employer, who you told, and every reason you were given for the firing.

You were fired after asking for an accommodation

Asking for a reasonable accommodation on your provider’s advice is protected. Being punished for asking can be retaliation, and the refusal itself can be a separate violation.

Pregnancy accommodations

You were fired during or after pregnancy leave

You have a right to your same job after PDL, with only narrow exceptions unrelated to the leave, such as a genuine layoff.

Fired after maternity leave

You were told it was a layoff

Ask who else lost their job and when the decision was made. If you were the only one, or your duties went to someone else, that deserves a closer look.

You were pressured until you quit

Cut hours, constant criticism or remarks about your pregnancy can push people out. Read about constructive discharge before you decide anything.

What if your employer has fewer than 5 employees?

FEHA’s discrimination and pregnancy-leave rules start at 5 employees. Some important protections apply no matter how small your employer is.

Still applies at any size

FEHA’s ban on harassment (1 or more employees)
Lactation breaks and a space other than a bathroom (Labor Code §1030 covers every employer; under 50 can claim undue hardship for some rules)
SDI and Paid Family Leave pay, if you paid into SDI
Paid sick leave: at least 5 days or 40 hours a year, after 90 days on the job

Starts at 5 or more employees

FEHA’s ban on pregnancy discrimination
Up to 4 months of pregnancy leave (PDL)
Pregnancy accommodation and transfer rights
CFRA bonding leave (12 weeks, if eligible)
Federal PWFA and Title VII begin at 15

Was my firing because of pregnancy illegal? A quick check

Answer a few yes-or-no questions. This is general information, not legal advice.

A quick yes-or-no check

Some protections still apply FEHA’s discrimination rules start at 5 employees, but harassment rules apply at 1. Lactation rights, paid sick leave and SDI may still help. A free case review can sort out what applies.
Knowledge matters A discrimination claim usually requires that the decision-maker knew or believed you were pregnant. Think about who might have known: coworkers, HR, or your schedule for appointments.
This may be pregnancy discrimination Close timing or unequal treatment are warning signs. Save your records now and talk with us in a free virtual consultation.
It may still be worth a review Cases can be built on other evidence, like comments, a strong work record or a weak reason. Tell us what happened and we can help you understand your options.

What to do if you were fired while pregnant

These steps help protect your options.

Write down what happened
Make a timeline: when you told your employer, what was said, when things changed, and who was there. Do it while it is fresh.
Save your records
Keep your own copies of the termination notice, reviews, pay stubs, schedules and any texts or emails about your pregnancy.

Ask for the reason and your file

Ask in writing why you were let go. California also lets current and former employees request a copy of their personnel records in writing.

Email asking for the reason and your file

Subject: Request for reason for termination and personnel file

Hi [Name],

On [date], I was told my employment was ending. Please tell me in writing the reason for this decision and who made it.

Under Labor Code section 1198.5, I also request a copy of my personnel file. Please send it to [email or address].

Thank you,
[Your name]
[Date]

Don’t sign a release yet
If you are offered severance, ask for time to review it. Signing usually means giving up your claims. See severance and layoffs.
Get a free case review
We can explain your options and deadlines. 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.

Deadlines to file a pregnancy discrimination claim

Enter the date of the firing or other action to see the main deadlines.

Date of the firing or other action

Date of your CRD right-to-sue notice (if you have one)

File a complaint with CRDEnter a dateRequired before a FEHA lawsuit. You can request an immediate right-to-sue notice.

File a charge with the EEOCEnter a dateFor federal claims 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 for pregnant workers

A few of our results in pregnancy discrimination cases.

$1,950,000Settlement · Pregnancy discrimination and wrongful termination

$1,800,000Settlement · Pregnancy discrimination

$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.

Fired for being pregnant: common questions

Can I be fired for being pregnant in California?

No. Under FEHA, employers with 5 or more employees cannot fire, demote or refuse to hire you because of pregnancy, childbirth, breastfeeding or a related condition. Harassment is banned at employers with even 1 employee. Federal law adds protection at 15 or more employees. An employer can still fire a pregnant worker for a real reason unrelated to pregnancy.

Can I be fired while pregnant in an at-will job?

At-will means your employer can let you go for many reasons, or none. It does not let an employer use a reason the law forbids, and pregnancy is one of them under FEHA. If your pregnancy was the real reason, or part of it, talk with a lawyer about whether the firing was lawful.

Do I have to tell my employer I am pregnant?

The law does not require you to announce a pregnancy on any schedule. But to ask for leave or an accommodation, you need to tell your employer what you need. For PDL, give 30 days’ notice when the need is foreseeable. Your provider’s certification does not have to reveal your diagnosis.

Can my employer make me go on leave because I am pregnant?

At employers with 15 or more employees, the federal PWFA bars requiring leave if another reasonable accommodation would let you keep working. Under California law, pregnancy leave is for when you are actually disabled by pregnancy. Being sent home when you can still work, with or without an accommodation, is worth a closer look.

How long do I have to file a claim?

In California, you generally have 3 years from the unlawful act to file with the Civil Rights Department, and 1 year from the right-to-sue notice to file a lawsuit. A federal EEOC charge is due within 300 days. See our guide on how to file a pregnancy discrimination complaint for the steps.

What can I recover if I was fired for being pregnant?

It depends on your case. Under FEHA, workers may seek lost pay and other damages, and a winning worker may recover attorney’s fees. Every case is different, so no lawyer can promise a result. A free case review can help you learn what may apply to you.

Keep reading

HubPregnancy discrimination FiredFired after maternity leave At workPregnancy accommodations Next stepHow to file a complaint New lawAB 2563 (2027)LactationLactation rights RetaliationPregnancy retaliation ExamplesPregnancy discrimination examples DemotionDemoted because of pregnancy

Sources

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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