1. Pregnancy-Related Employment Decisions May Support Legal Claims
The initial questions are what happened, who decided, and what they knew about the pregnancy. A dismissal, demotion, or schedule reduction may warrant review when linked to pregnancy or protected conduct. Unfair treatment alone does not establish unlawful discrimination.
Decisions and Explanations That Matter
A hiring refusal, lost promotion, pay cut, or discharge may support a claim. Did performance concerns predate disclosure? Were others treated similarly? Did the explanation change?
Timing matters alongside communications, performance records, and decision-maker knowledge.
State and Federal Legal Standards
California's Fair Employment and Housing Act (FEHA) generally covers employers with five or more employees. Government Code § 12940 addresses prohibited employment discrimination; § 12945 adds specific pregnancy-related rights.
Federal Title VII, amended by the Pregnancy Discrimination Act, generally covers employers with at least 15 employees. The separate federal Pregnant Workers Fairness Act (PWFA) governs accommodations for qualifying pregnancy-related limitations. The claims have different elements.
2. Termination and Accommodation Disputes Require Separate Review
Termination claims examine whether pregnancy unlawfully influenced a decision. Accommodation claims examine responses to qualifying requests. The same events may support both.
Reviewing the Reasons for Termination
A discharge after pregnancy disclosure warrants review of evaluations, discipline, decision-maker knowledge, and the stated reason. Employers may terminate employment for lawful reasons unrelated to pregnancy. Changed explanations or newly raised concerns may undermine that defense.
An assessment of wrongful termination may also identify protected leave or retaliation issues.
FEHA Accommodation Denials and Federal PWFA Duties
Under Government Code § 12945, an employee may request reasonable pregnancy-related accommodation based on a health care provider's advice. Changes to duties, breaks, or a temporary transfer may be appropriate. California regulations also require a good-faith interactive process. Transfer obligations have limits: the statute does not require creating a position or displacing a more senior employee.
The PWFA, 42 U.S.C. § 2000gg-1, generally covers employers with at least 15 employees. It requires accommodation of a qualified worker's known pregnancy-related limitations unless doing so creates undue hardship. An employer generally cannot require leave when another reasonable accommodation is available.
3. Employment Records Shape Employee Claims and Employer Defenses
The sequence of events can matter more than one conversation. Records show when the employer learned of a pregnancy, how it responded, and whether its reasons changed. Both sides should preserve evidence.
Records Employees Should Preserve
A dated chronology can be supported by:
- Pregnancy disclosures, requests, and related messages.
- Employer responses to accommodation requests.
- Performance reviews, schedules, pay records, and discipline notices.
- Termination explanations and potential witness information.
Such records may establish knowledge or causation. Employees should not copy confidential files without authorization.
Records Employers Should Review
Compare the decision with policies and past evaluations. Who received the request? What alternatives were considered? Were other workers treated consistently?
A documented workplace investigation can address conflicting accounts. Employers should preserve electronic records, restrict medical-information access, and avoid retrospective explanations unsupported by contemporaneous evidence.
4. Pregnancy Discrimination Complaints Require Timely Responses
Internal complaints differ from agency charges. Employees should check filing requirements; employers should check allegations and response deadlines. The process depends on the claim.
Filing Requirements and Potential Remedies
A FEHA employment complaint generally must reach California's Civil Rights Department (CRD) within three years of the alleged unlawful practice, subject to statutory exceptions. For many private-sector federal claims in California, the EEOC deadline is generally 300 days. Federal employees use different procedures.
Private lawsuits generally require agency prerequisites and a right-to-sue notice. Remedies may include lost pay, reinstatement, accommodations, or legally available damages.
Employer Responses and Retaliation Risks
After an agency notice, employers should identify the decision-makers, relevant evidence, and response deadlines. A factual position should rely on existing records rather than newly constructed justifications.
Government Code § 12940(h) prohibits retaliation for specified protected opposition or participation. The PWFA also prohibits adverse action for requesting or using covered accommodations. Subsequent discipline may require a separate workplace retaliation analysis.
5. Legal Counsel Assesses Claims, Defenses, and Litigation Options
Legal review may help when a discharge is disputed, accommodation talks stall, or an agency requests a response. Counsel can assess the facts, deadlines, and possible claims or defenses.
Representation for Employees
Services may include reviewing personnel records, assessing discrimination or accommodation claims, preparing agency charges, and evaluating available relief. Counsel may also handle negotiations or litigation when appropriate.
Advice and Defense for Employers
Services may include reviewing accommodation procedures, assessing personnel decisions, preserving records, and responding to CRD or EEOC inquiries. If a dispute proceeds to employment litigation, counsel may handle pleadings, discovery, motions, settlement discussions, and trial preparation.
16 Oct, 2026
