Lawyer for pregnancy discrimination in San Francisco
In California, pregnant employees are protected by law against harassment and discrimination in the workplace. They have the right to reasonable accommodations for their pregnancy, such as being reassigned to a less physically demanding position, and they can also take maternity leave for the birth of their child. In addition, new parents have the right to take up to 12 weeks of unpaid parental leave to be with their newborn, under California Government Code Section 12945.2(c)(2)(A). That’s what the law says, but it isn’t always applied that way. So if you’re having problems at work because of your pregnancy, it’s best to speak with an employment and employment lawyer right away by calling (888)442-2642. In this article, we’ll first talk about your rights as a pregnant worker and what you can do if you’re being harassed or pressured at work.
Have You Suffered Discrimination or Harassment Due to Pregnancy?
At Attorneys for Workers 24/7, headed by employment attorney Arlo Uriarte, we have extensive experience representing clients who have suffered discrimination during and because of their pregnancy. Here is an example of a case won for a worker fired for pregnancy. Likewise, if they have suffered harassment and denial of time off for maternity leave. Attorney Arlo Uriarte and his entire legal team are committed to obtaining favorable results for our clients in San Francisco and throughout the San Francisco Bay Area for those Hispanic women discriminated against at work for being pregnant.
If you believe you have been treated unfairly at work due to your pregnancy, contact us for a free consultation and explain the situation. We work on a contingency fee basis, which means we only charge if we are successful in recovering compensation for you. Filing a discrimination lawsuit is a process, but it starts if you pick up the phone and call us while you are being harassed.
Your Rights During Pregnancy in California
Many employees are not fully aware of their legal rights related to pregnancy in the workplace. At Attorneys for Workers 24/7, we believe in empowering our clients with information. That’s why we write information about the rights of pregnant workers explaining your protections under California law.
Harassment due to Pregnancy at work
It’s illegal for employers or coworkers to harass employees because of pregnancy. Unfortunately, we’ve seen many cases where women were subjected to offensive comments, treated unfairly, or fired for being pregnant. This kind of behavior is not only inappropriate, it’s also illegal. If you’ve experienced harassment, or you were wrongfully fired for being pregnant, don’t hesitate to contact Workers’ Lawyer 24/7 by calling (888)442-2642 to get legal help right away. Attorney Arlo Uriarte and his entire Spanish-speaking team will fight to make sure you’re treated with the dignity and respect you deserve.
Discrimination by the company due to your pregnancy
Employers cannot fire, demote, or refuse to hire a woman because of her pregnancy or plans to become pregnant. If your employer has taken any negative action against you because of your pregnancy, they are violating Section 12945 of the California Government Code, and you may have a legal case. For more information, if you have a pregnancy-related case and questions or want to know whether you can file a lawsuit, call attorney Arlo Uriarte, an employment and employment lawyer in San Francisco, at (888)442-2642 for a free consultation.
Your Right to Reasonable Accommodations During Pregnancy
If a pregnant employee, along with her health care provider, requests reasonable accommodations at work, the employer is legally obligated to provide them unless they represent an undue hardship. This may include reassignments to a less demanding position or other adjustments to ensure a safe and healthy work environment.
Right to a Less Demanding Position During Pregnancy
When recommended by a health care provider, an employer must transfer a pregnant worker to a less demanding position, provided there is a position available and that they are jobs that allow it. Employers are not required to create new positions or fire other employees, but they must reasonably accommodate requests when possible.
Pregnancy Leave in California
Under California law, women who are disabled due to pregnancy, childbirth, or related medical conditions are entitled to take up to four months of maternity leave. During this time, employees can use accrued vacation time. After maternity leave, the employee must be reinstated to her original position or a comparable one, provided she can still perform her job duties.
Can You Resign if Working Conditions Become Intolerable?
In extreme cases where working conditions become unbearable, employees may have the legal right to resign and file a claim for constructive discharge. However, this decision should not be taken lightly. It is important to document your complaints through the formal channels in your workplace before taking this step. Before taking any steps towards a complaint, contact us and get advice from our attorneys about your situation.
What to Do if You Have Been Treated Unfairly at Work Due to Your Pregnancy
Many companies have established procedures for reporting unsafe or discriminatory working conditions. It is crucial to follow these steps and maintain a written record of your actions. Failure to do so could affect your ability to recover damages when filing a lawsuit. In cases of discrimination or harassment due to pregnancy, acting promptly is key to protecting your rights.
Statute of Limitations for Cases of Pregnancy Discrimination or Termination Due to Pregnancy
The statute of limitations is the time you have to file a lawsuit or claim after being the victim of an illegal action, such as pregnancy discrimination or termination. If you do not file your case within the established deadline, you could lose your right to seek compensation or justice through the courts.
Deadlines for Filing a Claim for Discrimination or Termination Due to Pregnancy
In California, if you have suffered discrimination for being pregnant or have been terminated due to your pregnancy, you can file a claim under the Fair Employment and Housing Act (FEHA). The most common deadlines for taking action include:
- Complaint to the Department of Fair Employment and Housing (DFEH):
- Claims for discrimination based on pregnancy must be filed with the California Department of Fair Employment and Housing (DFEH) within one year from the incident of discrimination. This is the first step before being able to file a lawsuit in court. Filing a complaint with the DFEH is crucial for the legal process to begin.
- Right-to-Sue Letter:
- After filing your complaint with the DFEH, you can request a “Right-to-Sue Letter”. This gives you the right to file a civil lawsuit in court. Once you receive this letter, you have one additional year to file the formal lawsuit in the California courts.
- Lawsuits for Wrongful Termination:
- If you have been terminated due to your pregnancy, you can also file a lawsuit for wrongful termination or violation of employment rights law. Generally, lawsuits for wrongful termination follow the same deadline as those for pregnancy discrimination, and must be filed within one year of the date of termination.
Exceptions and Special Circumstances
In some cases, there may be exceptions to this one-year deadline. For example:
- Continuation of Harassment or Discrimination: If the harassment or discrimination continues over time, the one-year deadline could begin from the last incident of discrimination, which is known as a “continuing violation”.
- Exceptions for Mental or Physical Disability: If a person is unable to file the claim due to a mental or physical disability, the deadline may be extended.
How to Protect Your Rights
If you believe you have been discriminated against or terminated for your pregnancy, it is essential to act quickly. Here are some steps you can take to protect your rights:
- Document the incidents: Write down the details of any discrimination, harassment, or termination you experience, including the dates, what was said or done, and who was involved.
- Inform your employer: If possible, follow your employer’s reporting procedures to notify them about the harassment or discrimination.
- Consult a specialized attorney: Talking to an employment discrimination attorney will help you better understand your rights and the steps to take. An attorney can help you file a claim with the DFEH and guide you in the process of obtaining compensation.
What Happens if You Miss the Statute of Limitations Deadline
If you do not file your claim within the legal deadline, you could lose your right to sue. This means that you will not be able to obtain compensation for lost wages, emotional damages, or any other type of remedy that you could have received if you had filed your case on time. Therefore, it is vital to act quickly if you suspect that you have been discriminated against for being pregnant or if you have been wrongfully terminated.
Examples of pregnancy disputes in San Francisco, California:
- EEOC vs. California Car Dealership (2012)
In this case, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against a car dealership in California that fired an employee after learning she was pregnant. The employee had worked at the company for several years, but after informing her supervisors of her pregnancy, she was quickly fired. The EEOC argued that this was a clear case of pregnancy discrimination, violating the Pregnancy Discrimination Act (PDA).
Finally, the dealership settled the case by paying $400,000 to the employee and agreeing to implement changes in its business policies to prevent future incidents of discrimination.
Key lesson: Firing or taking negative actions against an employee solely because of her pregnancy is a violation of both federal and California state law.
2. Case Against Pacific Bell (2009)
In another significant case, a group of women employees sued Pacific Bell in California, alleging that the company refused to grant them reasonable accommodations during their pregnancy, such as lighter duties, despite medical recommendations. The women alleged that the company forced them to continue with their usual tasks, which were physically demanding, or face being fired. As a result, many of the employees suffered injuries and were forced to take unpaid leave early.
The court ruled in favor of the plaintiffs, finding that Pacific Bell failed to provide the reasonable accommodations required under the California Fair Employment and Housing Act (FEHA). The women received significant compensation and Pacific Bell was ordered to revise its accommodation policies.
Key lesson: Employers in California are required to provide reasonable accommodations to pregnant employees, including reassignments to less demanding positions when medically necessary.
3. Lawsuit Against Sierra Pacific Industries (2016)
A case involving Sierra Pacific Industries, a large lumber company, was filed when an employee alleged that she was fired shortly after informing her employer about her pregnancy. The woman had been employed at the company for several years, but was fired only weeks after announcing her pregnancy. The company claimed that her dismissal was part of a broader reduction in staff.
However, the timing of the dismissal raised suspicions and a lawsuit was filed. The court found that the company violated the Pregnancy Discrimination Act and the California Family Rights Act (CFRA) by firing her due to her pregnancy. The employee received back wages and damages, and Sierra Pacific Industries was forced to update its policies to ensure compliance with pregnancy discrimination laws.
Key lesson: Employers must be cautious when making employment decisions, such as dismissals, when there is a pregnant employee involved, as these actions can lead to lawsuits if it is believed that the pregnancy was the reason.
4. Lawsuit Against a Hospital (2014)
In another case in San Francisco, a hospital was sued by a nurse who claimed that she was repeatedly denied reasonable accommodations during her pregnancy, such as limiting heavy lifting and prolonged shifts. The nurse was forced to take unpaid leave at the start of her pregnancy and, after giving birth, was denied reinstatement to her original position.
The lawsuit was based on violations of both state and federal laws, including California’s Pregnancy Disability Leave Law (PDLL) and the federal Family and Medical Leave Act (FMLA). The court found that the hospital had violated the nurse’s rights and awarded her both compensatory and punitive damages.
Key lesson: Employers in California are required to provide reasonable accommodations, such as reducing physical activity, and cannot retaliate by denying reinstatement after pregnancy leave.
5. Lawsuit Against a Nursing Home Chain (2021)
In this recent case, a group of employees filed a class action lawsuit against a nursing home chain in California, alleging systemic pregnancy discrimination. According to the lawsuit, the company regularly denied pregnant employees the right to take time off for medical appointments and forced some of them to resign or take unpaid leave early. The plaintiffs also claimed that the company created a hostile work environment for pregnant employees by pressuring them to resign.
The case is still ongoing, but it has drawn attention to the importance of enforcing pregnancy discrimination laws in industries where women often perform physically demanding jobs.
Key takeaway: Class action lawsuits can arise when several employees face systemic discrimination. In California, these lawsuits can have significant legal and financial consequences for companies that do not comply with reasonable accommodation laws during pregnancy.
These cases illustrate the types of pregnancy-related disputes that frequently occur in California workplaces, particularly regarding wrongful termination, failure to provide reasonable accommodations, and hostile work environments. They underscore the importance of following state and federal laws on pregnancy discrimination and leave.
Legal Protections for Pregnant Women in California
In California, state and federal laws offer robust protections to pregnant women against discrimination, harassment, and wrongful termination. These protections are designed to ensure that women do not face negative employment consequences simply for being pregnant or planning a pregnancy.
- Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) is one of the state’s most comprehensive laws protecting pregnant women. This law prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. Under FEHA, it is illegal for an employer to take negative action against an employee because of her pregnancy, such as:
- Firing her
- Denying her a promotion
- Refusing to hire her
- Reducing her work hours or salary
In addition, FEHA requires employers to provide reasonable accommodations for pregnant women. This may include lighter duties or changes in work schedules to reduce physical strain.
- California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) grants employees the right to take up to 12 weeks of unpaid leave for the birth of a child or to attend to their own serious health condition, including pregnancy. During this time, the employer must continue to offer the same health benefits that were received before the leave.
- Pregnancy Disability Leave Law (PDLL)
The Pregnancy Disability Leave Law (PDLL) allows pregnant employees to take up to four months of leave if they are disabled by pregnancy, childbirth, or a related medical condition. This leave is in addition to the leave granted by the CFRA, which means that, in total, a woman can take up to seven months of legally protected leave in some circumstances.
- Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The PDA ensures that pregnant employees are treated the same as other employees with similar limitations in their ability to work. This includes providing reasonable accommodations if the employer already offers such accommodations for other temporarily disabled employees.
Actions to Take if You Face Discrimination or Termination Due to Pregnancy
- Documenting Harassment or Discrimination
It is essential to document any incidents of harassment or discrimination related to your pregnancy. This includes taking notes on the dates, comments made, and any actions taken against you. If possible, keep emails, text messages, or other evidence that may demonstrate the mistreatment.
- Informing Human Resources
Many companies have established procedures for filing formal complaints. It is important to follow these procedures and notify Human Resources about any unfair treatment. This creates a record of your complaint, which can be helpful if you decide to take legal action later.
- Filing a Claim with the DFEH
If you believe you have been discriminated against, terminated, or harassed due to your pregnancy, you can file a claim with the California Department of Fair Employment and Housing (DFEH). You have one year from the date of the incident to file this claim.
- The DFEH will investigate your case and may attempt a voluntary resolution between you and your employer.
- If the DFEH finds evidence of discrimination, you may receive a right-to-sue letter, which will allow you to file a lawsuit in court.
- Suing Your Employer
Once you receive the right-to-sue letter, you can file a formal lawsuit against your employer in court. It is often advisable to consult with an attorney specializing in employment law before initiating a lawsuit, as they can guide you through the legal process and increase your chances of success.
Damages Available in Pregnancy Discrimination Cases
If your pregnancy discrimination lawsuit is successful, you can recover several types of compensation, including:
- Back wages: the salary you lost due to termination or discrimination.
- Compensatory damages: to cover financial losses and emotional distress caused by the discrimination.
- Punitive damages: in extreme cases, the court may order the employer to pay additional damages as punishment.
- Reinstatement of employment: in some cases, the court may order that you be reinstated to your job.
Speak with a Pregnancy Discrimination Attorney in San Francisco
If you believe you have been discriminated against or harassed due to your pregnancy, contact Attorneys for Workers 24/7 today for a free consultation. Our bilingual team is ready to assist Spanish-speaking clients in protecting their legal rights under California law.
Call us at (888)442-2642 or contact us online through our contact form. Remember, you have limited time to file a claim, so don’t wait to get legal advice! Attorney Arlo Uriarte and his entire legal team in San Francisco are available to help you and listen to your case.
This blog is dedicated to providing essential information about the employment rights of pregnant women in California, focusing on protection against discrimination and wrongful termination due to pregnancy. Here you will find legal resources, explanations of laws such as the Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave Law (PDLL), as well as guides on how to file claims with the DFEH and the deadlines for taking legal action. If you are facing discrimination or harassment for being pregnant, our team of employment attorneys in San Francisco is here to help you protect your rights.
How Pregnancy Discrimination Affects Hispanic Workers
At Liberation Law Group, we’ve seen a consistent pattern: pregnant Hispanic workers are especially vulnerable to discrimination because employers assume they don’t know their rights, that fear of unemployment during pregnancy will keep them quiet, or that their immigration circumstances make them easier to fire. That calculation is wrong—and costly for the employers who do it.
The industries where we most often see pregnancy discrimination against Hispanic workers in Northern California: restaurants and hotels in the Napa Valley and Santa Rosa, domestic work in Marin County and San Mateo County, farmworkers in Monterey County and Watsonville, and manufacturing and food-processing workers in Solano County.
The Rancho Gordo case in Napa—where a jury awarded $252,000 to a pregnant worker who was wrongfully fired—is an example of what can happen when a worker decides to take action. Read about that pregnancy discrimination case in Napa.
Were you discriminated against or fired for being pregnant?
Attorney Arlo Uriarte can review your case today—free, in Spanish, confidential. 1-888-442-2642 — free consultation here — 24/7.
Frequently Asked Questions — Pregnancy Discrimination in California
Can my employer fire me for being pregnant in California?
No. Pregnancy discrimination—including being fired for being pregnant, for taking maternity leave, or for pregnancy-related complications—is completely illegal under California’s FEHA and the federal Pregnancy Discrimination Act. If you were fired after announcing your pregnancy, or if the employer made negative comments about your pregnancy before the termination, there is a strong presumption of discrimination. A lawyer can evaluate whether your termination was illegal. Call 1-888-442-2642.
How much leave am I entitled to during and after pregnancy?
In California, you may have multiple leaves that can be combined: Pregnancy Disability Leave (PDL) gives you up to 4 months for pregnancy- or childbirth-related disability. The California Family Rights Act (CFRA) gives you up to 12 additional weeks to bond with your newborn. State Disability Insurance (SDI) may provide partial pay during PDL. California Paid Family Leave (PFL) provides pay during part of CFRA leave. In total, many California employees are entitled to up to 7 months of leave between PDL and CFRA. Call 1-888-442-2642 to find out exactly what you’re entitled to in your situation.
Does my employer have to provide reasonable accommodations during pregnancy?
Yes. In California, employers are required to provide reasonable accommodations for pregnancy-related conditions. This can include: lighter duty, an extra chair if your job is normally standing, additional bathroom breaks, a modified schedule for medical appointments, or working from home in some circumstances. The employer must engage with you in good faith to identify possible accommodations—they can’t simply say “no.” If your employer refused to provide reasonable accommodations during pregnancy, that may be discrimination. Call 1-888-442-2642.
Can I sue if I was denied a promotion because I’m pregnant?
Yes. Pregnancy discrimination isn’t limited to termination. If you were denied a promotion, a better position, a raise, or any other workplace benefit because you’re pregnant or because you took maternity leave, that is illegal discrimination. The fact that you’re still employed doesn’t eliminate the claim—you have the right to have your pregnancy not negatively affect any part of your career. A lawyer can evaluate whether the denial of a promotion was discriminatory. Call 1-888-442-2642.
How much can a pregnancy discrimination case be worth in California?
Pregnancy discrimination cases in California may include: lost wages from the termination or denial of the benefit, the value of lost benefits, emotional distress damages for the stress during pregnancy, punitive damages in cases of particularly serious misconduct, and attorney’s fees paid by the employer. In similar cases, we’ve seen recoveries ranging from tens of thousands to more than $200,000 depending on the circumstances. The Rancho Gordo case resulted in $252,000 for a worker. A free evaluation can give you a more specific estimate. Call 1-888-442-2642.
How long do I have to file a pregnancy discrimination claim?
You have 3 years from the most recent discriminatory act to file a claim under California’s FEHA. If the termination or discriminatory action was less than 3 years ago, you can still take action. If it was longer ago, there are situations where options may still exist—a lawyer can evaluate them. Don’t wait longer than you need to—act today. Call 1-888-442-2642.
Can my employer cut my pay when I return from maternity leave?
No. When you return from legally protected pregnancy or maternity leave, you have the right to return to the same position—or a comparable position—with the same pay and benefits. If your employer brings you back to an inferior role, with fewer responsibilities, or with lower pay after your leave, that is pregnancy discrimination. It’s also discrimination if they fire you before you return from leave claiming your position was “eliminated”—especially if the position was filled by someone else. Call 1-888-442-2642.
Does Liberation Law Group handle pregnancy discrimination cases outside San Francisco?
Yes. We represent workers throughout the region: San Francisco, Oakland, San Jose, Sonoma County, Marin County, Napa County, Watsonville, and the entire Central Coast. Call 1-888-442-2642—available 24/7 in English and Spanish.
Your Pregnancy Shouldn’t Cost You Your Job — Act Today
No worker should have to choose between their career and their family. If you experienced pregnancy discrimination, Liberation Law Group is here to stand up for you. Call 1-888-442-2642 or fill out our free form. Attorney Arlo Uriarte is ready—in Spanish, at no cost, 24/7.
Liberation Law Group — Attorneys for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Fee Until We Win
