No, your employer cannot legally terminate your employment solely because you are pregnant. If you believe you were fired due to your pregnancy, you may have grounds for a wrongful termination lawsuit and should consult with an experienced employment attorney immediately.
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(415) 444-5800Pregnancy Discrimination/ Pregnancy Leave
San Francisco Pregnancy Discrimination and Pregnancy Leave Attorneys
Welcoming a new child into your life should be a time of joy and anticipation, not professional anxiety. Unfortunately, for some employees in California, this exciting transition is overshadowed by the fear of losing their job or facing unfair treatment at work. At the Law Offices of Jeannette A. Vaccaro PC, we believe that no one should have to choose between their career and starting a family. If you believe your rights are being violated, understanding the specific laws regarding pregnancy discrimination and leave is the first step toward protecting your future.
Who We Serve
Pregnancy discrimination rarely looks the same from one workplace to the next. Some employees are terminated outright, while others face a slow erosion of their role until leaving seems like the only option. We represent employees in situations including:
- Sudden terminations after a pregnancy announcement: Employees who were performing their jobs normally, disclosed a pregnancy, and were then let go for reasons that felt abrupt, inconsistent, or unlike how they had been treated before.
- Terminations during or after leave: Employees who took time off for pregnancy, childbirth, or recovery and were fired while out, or told upon their return that their position no longer existed.
- Retaliation for speaking up: Employees who reported unfair treatment related to their pregnancy to a supervisor or HR and were terminated shortly after raising the concern.
- Being pushed out while still employed: Employees whose hours were cut, whose responsibilities suddenly changed, or who felt pressured into taking leave despite being capable of continuing their work.
If any of these situations sound familiar, you may have grounds for a legal claim. We can help you assess your circumstances and determine the strongest path forward.
What Constitutes Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an applicant or employee unfavorably based on pregnancy, childbirth, or related medical conditions. Under the California Fair Employment and Housing Act (FEHA), this is considered a form of unlawful gender discrimination. While some instances are obvious, such as a sudden demotion after a pregnancy announcement, others are more subtle.
It is vital to recognize the various ways discrimination can manifest in the workplace. An employer may be breaking the law if they:
- Fire or demote an employee shortly after learning of her pregnancy or upon her return from leave.
- Enforce different rules for pregnant employees, such as requiring a doctor’s note for minor absences when other employees are not held to the same standard.
- Deny promotions or pay raises to a pregnant worker based on the assumption that she will be less committed to her job after giving birth.
- Fail to provide reasonable accommodations, such as temporary transfer to a less strenuous position or more frequent breaks, when requested for pregnancy-related conditions.
If you have experienced any of these actions, you may have grounds for a legal claim. Documentation can help bolster your case, so keep records of any discriminatory comments, emails, or changes in your employment status.
Understanding Pregnancy Leave in California
California upholds some of the strongest protections in the nation for pregnant workers, providing the time needed to recover from childbirth and bond with your new baby. Understanding the intersection of state and federal laws can be complex, but the core principle is that your job should be safe while you are away.
Your eligibility for leave generally depends on your employer’s size and how long you have worked there. The primary laws protecting your time off include:
- Pregnancy Disability Leave (PDL): This applies to employers with five or more employees. If you are disabled due to your pregnancy, childbirth, or a related condition, you may take up to four months of leave. This is available from your first day of employment.
- California Family Rights Act (CFRA): After your disability period ends, eligible employees can take up to 12 weeks of leave to bond with their new child. This is separate from PDL, meaning many parents can combine these leaves for a longer period of protection.
- Job Reinstatement: When you return from protected leave, your employer is typically required to reinstate you to the same or a comparable position with equivalent pay and benefits.
What To Do If Your Leave Is Wrongfully Denied
Despite these legal protections, some employers may attempt to deny legitimate leave requests or retaliate against you for taking time off. This might look like an employer claiming your position was “eliminated” while you were away, or pressuring you to return to work earlier than medically necessary.
If your employer interferes with your right to leave or refuses to reinstate you, they are violating California law. In these situations, it is crucial to seek professional legal counsel immediately to enforce your rights.
We can help by:
- Evaluating the strength of your case based on the specific facts and timeline of events.
- Identifying every available legal claim, including discrimination, retaliation, and leave interference.
- Filing a complaint with the California Civil Rights Department within the applicable deadline and pursuing a right-to-sue notice when appropriate.
- Pursuing full compensation, including back pay, front pay, emotional distress damages, and, in appropriate cases, punitive damages and attorney’s fees.
Recognizing a violation is only the first part of the picture. Acting on it with the right legal support often makes the difference between a claim that stalls and one that results in real accountability.
Why Choose Our Firm
Pregnancy discrimination cases require an attorney who understands both the legal framework and the personal weight of what is at stake. Jeannette A. Vaccaro has written and spoken on pregnancy accommodation issues for legal publications and industry organizations, giving her a depth of insight that goes beyond general employment law knowledge.
Our firm takes a hands-on approach with every client. Rather than treating cases as files to process, we take the time to understand each employee’s specific circumstances and build a strategy suited to their situation. This attention to detail has helped us recover significant results for employees, including settlements and awards in the hundreds of thousands and millions of dollars in discrimination and retaliation cases.
We also bring a personal commitment to this practice area specifically. Protecting employees during pregnancy and new parenthood is not just a service we offer. It reflects our belief that no one should have to choose between building a family and keeping a career.
Protect Your Career and Your Family
Bringing a child into the world is a momentous occasion, and your career doesn’t have to suffer because of it. If you have been demoted or mistreated due to your pregnancy, legal help is available. The Law Offices of Jeannette A. Vaccaro PC passionately advocates for employee rights, shedding light on workplace injustices. Contact us today for a free case evaluation.
FAQs About Pregnancy Discrimination in California
What reasonable accommodations can I request during pregnancy?
California law requires employers to provide reasonable accommodations for pregnancy-related conditions, such as modified work schedules, temporary transfers to less strenuous positions, or permission to take more frequent breaks. Your employer is required to engage in a collaborative and interactive process to assess and determine the appropriate accommodations unless they can prove it would cause undue hardship.
How much pregnancy leave am I entitled to in California?
Under California law, eligible employees can take up to 12 weeks of unpaid leave under the California Family Rights Act (CFRA) for pregnancy and bonding with a new child. You may also be entitled to additional time off for pregnancy-related disabilities under the Fair Employment and Housing Act.
Can my employer demote me when I return from maternity leave?
No, your employer cannot demote you solely because you took maternity leave or due to your pregnancy. California law requires employers to restore employees returning from pregnancy-related leave to the same or comparable position with equivalent pay and benefits.
What if my employer treats me differently after announcing my pregnancy?
If your employer begins treating you differently after learning of your pregnancy, such as excluding you from meetings, reducing your responsibilities or making negative comments, this may constitute pregnancy discrimination. Document these incidents carefully and consider consulting with an employment attorney to protect your rights.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$475,000
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
What Our Clients Say
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