Employers are prohibited under California law from wrongfully terminating, harassing or discrimination against pregnant employees, which also includes discrimination based on childbirth or related medical conditions. Additionally, both the Fair Employment and Housing Act and the California Family Rights Act require many employers in this state to provide pregnancy leave and disability leave to pregnant employees if the employee meets the legal requirements of such leave. Employers often make up reasons to fire pregnant employees in order to avoid these legal obligations.


Employers have a number of responsibilities to employees who become pregnant. For instance, if a woman becomes pregnant, and with the advice of her doctor asks for a position that is less strenuous or hazardous, the employer must transfer her to another position if it has one, or can make one without being "unduly burdened." Basically, if its not too much trouble for the employer to accommodate the woman's needs, he has to do it.

TheCalifornia FEHA specifically gives pregnant employees the right to take a leave of absence for a reasonable period of time, not to exceed four months. The employer does not have to pay his employee during this time.

A "reasonable period of time" is the time period where the woman is "disabled" because of her pregnancy, childbirth, or related medical conditions. "Disabled" in this context simply means she cannot work. During a Pregnancy leave, a woman may also use any vacation time she has accrued. Employers can require any employee who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is expected to last.

Employers generally cannot force a pregnant employee to go on pregnancy family medical leave. It is there if the woman wants it. However, if the employer can show that the woman absolutely cannot do her job, or is "disabled" by the pregnancy, he may be allowed to make her take a leave of absence. This is, however, a very difficult situation for the employer, because it is likely that the Pregnancy can somehow be accommodated, which means the woman should be allowed to stay.

If you believe you are victim of discrimination and harassment, we invite you to contact our office and make an appointment to speak with an attorney about your case. We handle cases in all Southern California Counties, including Riverside , Los Angeles , Orange and San Diego Counties.