619-342-8000
Losing your job while pregnant or on maternity leave is devastating and often feels like punishment for starting or expanding a family. Unfortunately, many women in California are fired under circumstances that raise suspicions of discrimination each year.
The good news is that the law is on your side. Both federal and California pregnancy discrimination laws make it illegal for employers to fire you because of pregnancy, childbirth, or maternity leave. If you suspect your termination was motivated by bias rather than legitimate business reasons, you may have a strong wrongful termination claim.
A California wrongful termination attorney can help you understand your rights, identify signs of discrimination, and hold employers accountable when they violate the law. At Haeggquist & Eck, we provide compassionate, strategic representation for expectant and new mothers facing workplace discrimination.Â
Contact us today at (619) 342-8000 to discuss your situation in a confidential consultation.
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Key Takeaways About Maternity Leave Wrongful Termination Cases
- Federal and California laws prohibit firing employees for pregnancy, childbirth, or taking legally protected maternity leave.
- Employers are generally required to reinstate you to the same or a comparable role after protected leave, unless legitimate business reasons (such as a facility closure) make reinstatement impossible.
- Suspicious timing, shifting explanations, and replacement by non-pregnant workers often reveal discriminatory termination motives.
- Strong performance records before announcing pregnancy can be powerful evidence in a wrongful termination claim.
- Recovery may include lost wages, benefits, emotional distress damages, and attorney fees for successful claims.
Pregnancy Discrimination Laws in California Explained
Several overlapping laws work together to protect pregnant employees from discrimination and retaliation. The California Fair Employment and Housing Act (FEHA) provides broader protections than federal law, covering smaller employers and offering extended leave rights.
The federal Pregnancy Discrimination Act prohibits treating pregnant employees less favorably than other workers with similar abilities or limitations. Title VII protections apply to employers with 15 or more employees, preventing discrimination based on pregnancy, childbirth, or related medical conditions.
California’s Pregnancy Disability Leave Law guarantees up to four months of job-protected leave for pregnancy-related disabilities. This protection exists separately from Family and Medical Leave Act rights, potentially providing California mothers with seven months of protected leave when combining benefits.
Your Maternity Leave Rights in California
Eligible employees in California may access several types of job-protected leave, depending on their employer’s size and their length of employment. Pregnancy Disability Leave (PDL) provides up to four months of protected leave for pregnancy-related medical conditions and generally applies to employers with five or more employees.
At larger workplaces with 50 or more employees, eligible workers may take up to 12 weeks of parental or bonding leave under the FMLA and CFRA. Depending on the employer’s size and the employee’s eligibility, Pregnancy Disability Leave may run at the same time as parental leave under the FMLA/CFRA or may be taken separately. In some situations, California employees may qualify for up to seven months of combined job-protected leave.
During any protected leave, employers must continue group health benefits on the same terms as if the employee were actively working. In addition, absences covered by these laws generally cannot be counted against employees under attendance or performance policies (Cal. Code Regs. tit. 2, § 11042; Cal. Gov. Code § 12945.2).
Illegal Termination Tactics Against Pregnant Employees
Employers rarely admit firing workers for pregnancy, instead manufacturing pretextual reasons that mask discrimination. Recognizing common patterns helps identify potential violations requiring legal intervention.
Pregnant employees often face abrupt shifts in how their performance is evaluated. After years of positive reviews, they may suddenly encounter heightened scrutiny, with employers documenting trivial mistakes that were previously overlooked.
These paper trails are often created to justify future termination and tend to appear soon after a pregnancy is announced or becomes noticeable. Managers may worsen the situation by imposing unrealistic deadlines, increasing workloads, or altering job expectations without notice.
When pregnancy-related symptoms affect job performance, employers frequently exaggerate their impact instead of providing reasonable accommodations. For example, morning sickness may be portrayed as excessive absenteeism, and necessary prenatal appointments may be reframed as reliability concerns.
In many cases, employers escalate matters by placing pregnant workers on performance improvement plans (PIPs). These plans often contain vague or subjective metrics, or set goals that are deliberately unattainable. As a result, failure becomes unavoidable and provides cover for discriminatory termination under the guise of poor performance.
Job Restructuring and Position Elimination During Pregnancy
Companies frequently eliminate positions occupied by pregnant workers while retaining similar roles filled by non-pregnant employees. These restructurings often redistribute the terminated worker’s duties among remaining staff rather than genuinely eliminating functions.
Suspicious restructuring patterns reveal discriminatory intent:
- Timing that coincides with pregnancy announcement or leave requests
- Elimination affecting only or primarily pregnant workers
- Immediate hiring for similar positions under different titles
- Retention of less qualified non-pregnant employees
- Failure to offer comparable positions despite availability
Real business restructuring affects workers regardless of pregnancy status. Discriminatory restructuring targets pregnant workers while preserving opportunities for others. Documentation of inconsistent application strengthens wrongful termination claims.
Building Your Pregnancy Discrimination Case
Strong pregnancy discrimination cases require evidence connecting termination to protected status rather than legitimate business reasons. Beginning documentation early creates powerful proof of discriminatory treatment.
Save all pregnancy-related communications with supervisors and HR. Document reactions to pregnancy announcements, responses to accommodation requests, and comments about maternity leave plans. Record dates of morning sickness absences, prenatal appointments, and any work modifications needed.
Preserve performance evaluations, especially those predating pregnancy announcements. Positive reviews followed by sudden criticism after pregnancy disclosure suggest discrimination. Email praise, achievement awards, and successful project completions counter employer claims of performance problems.
Comparator Evidence and Witness Support
Evidence showing different treatment of non-pregnant employees strengthens discrimination claims significantly. Document how employers handled similar situations involving workers without pregnancy-related needs. Note discipline disparities, leave approvals, and accommodation differences.
Coworkers often witness discriminatory comments or observe different treatment of pregnant employees. Former employees may share experiences of pregnancy discrimination without fearing retaliation. These witnesses provide valuable testimony supporting pattern evidence of discrimination.
Social media posts, company newsletters, and internal communications sometimes reveal discriminatory attitudes. Employers celebrating committed childless workers or lamenting maternity leave costs demonstrate bias. Even seemingly neutral policies affecting pregnant workers disproportionately may violate discrimination laws.
Legal Remedies for Pregnancy-Related Termination
Successful pregnancy discrimination claims yield comprehensive remedies addressing both economic losses and discriminatory harm. Understanding available damages helps evaluate whether pursuing legal action makes sense given your circumstances.
Back pay covers lost wages from termination through resolution, including salary, bonuses, commissions, and overtime. Front pay compensates future losses when reinstatement isn’t feasible.
Benefits values, including health insurance during pregnancy and delivery, add substantial amounts. Lost retirement contributions, stock options, and other compensation increase recovery.
Emotional Distress Damages and Punitive Awards
Pregnancy discrimination causes profound emotional harm beyond financial impacts. Stress during pregnancy affects maternal and fetal health. Loss of insurance creates anxiety about delivery costs and pediatric care. Losing a job during or after pregnancy can disrupt a career in ways that have long-term professional consequences.
California courts recognize these impacts through emotional distress damages. Anxiety, depression, humiliation, and physical manifestations of stress warrant compensation. Family impacts, including strain on relationships and bonding interference, support damage claims.
Punitive damages are available in cases where the employer’s conduct amounts to malice, oppression, or fraud under California law. They serve to punish particularly egregious discrimination and deter future violations. While not awarded in every case, punitive damages can significantly increase recovery when courts find intentional or reckless misconduct.
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Protecting Workplace Rights During Pregnancy
Preventing wrongful termination starts with understanding your rights and documenting everything throughout pregnancy. California law requires reasonable accommodations for pregnancy-related limitations, similar to disability accommodations.
Common reasonable accommodations include modified schedules for prenatal appointments, additional breaks for pregnancy symptoms, and temporary light duty assignments. Employers must engage in interactive processes to identify workable accommodations. Refusal to discuss accommodations or claiming undue hardship without analysis violates state law.
Request accommodations in writing, specifying needs and suggesting solutions. Provide medical documentation if requested but limit information to functional limitations rather than detailed diagnoses. Keep copies of all accommodation requests and employer responses.
Navigating Maternity Leave Requests
Proper leave requests protect your rights while minimizing termination risks. Provide advance notice when possible, though medical emergencies excuse notice requirements. Submit written requests specifying leave types and anticipated duration.
Understand which leave types apply to your situation:
- Pregnancy Disability Leave for pregnancy-related medical conditions
- FMLA/CFRA for bonding with newborns
- Paid Family Leave for wage replacement during bonding
- Employer-specific maternity leave policies
- State disability insurance for pregnancy disability
Coordinate different leave types to maximize protection and benefits. Some run concurrently while others must be taken sequentially. Errors in leave requests don’t justify termination, though they may affect the scope of legal protections.
Steps to Take If You Are Fired While Pregnant or on Leave
Immediate action following pregnancy-related termination preserves evidence and protects legal rights. Request written explanation of termination reasons and copies of personnel files. California law requires employers to provide these documents promptly.
Document everything about the termination meeting including attendees, stated reasons, and exact words used. Note any comments about pregnancy, maternity leave, or family status. Record whether employers mentioned restructuring, performance, or other justifications.
Apply for unemployment benefits promptly, even if your employer claims you are ineligible. If pregnancy-related conditions prevent you from being available for work, you may instead qualify for California State Disability Insurance until you are able to return to the workforce.
How to File a Pregnancy Discrimination Complaint
Administrative complaints must precede lawsuits for pregnancy discrimination under both state and federal law. California workers may file with either the Civil Rights Department or Equal Employment Opportunity Commission. Each agency has different deadlines and procedures affecting available remedies.
In California, complaints to the Civil Rights Department (CRD) must generally be filed within three years of the alleged discrimination. Federal complaints with the EEOC must be filed within 300 days. Because the agencies have a worksharing agreement, filing with one agency typically preserves rights under both state and federal law.
Administrative agencies investigate complaints, potentially finding cause for discrimination. Some agencies attempt mediation between parties. Right-to-sue letters permit court filing if agencies don’t resolve matters. Strategic agency selection affects investigation quality and settlement opportunities.
How Haeggquist & Eck Protects Expectant and New Mothers
Haeggquist & Eck understands the unique vulnerabilities facing pregnant workers and new mothers navigating workplace discrimination. As a women-led firm with attorneys who’ve witnessed pregnancy discrimination firsthand, the team brings both legal expertise and personal understanding to these sensitive cases. Your California wrongful termination attorney recognizes that pregnancy-related termination threatens not just your career but your growing family’s stability and future.
The firm’s focused approach means your case receives thorough investigation rather than quick settlement pressure. Attorneys examine employment histories, performance records, and termination timing to build compelling evidence of discrimination. This detailed preparation often reveals patterns of pregnancy discrimination affecting multiple workers at San Diego and Los Angeles companies.
Compassionate Support Through Legal Challenges
Pregnancy and early motherhood bring enough stress without battling wrongful termination. Haeggquist & Eck’s trauma-informed practice provides supportive guidance while aggressively pursuing justice. The firm maintains small caseloads, allowing attorneys to respond promptly to your concerns and adapt strategies as your family situation evolves.
Your legal team understands that new mothers face unique time constraints and health considerations. Flexible meeting schedules, remote consultation options, and streamlined communication respect your family priorities while advancing your case effectively.
FAQs for California Wrongful Termination Attorneys
What if my employer claims they fired me for attendance problems during pregnancy?
Absences related to pregnancy disability or prenatal care receive legal protection under California law. Employers cannot count protected absences against attendance policies or use them as termination grounds. Your California wrongful termination attorney examines whether absences stemmed from pregnancy-related conditions qualifying for protection.
May employers fire me while on maternity leave for business reasons?
Legitimate business reasons, such as a facility closure, may justify termination during leave. However, the timing of such actions often raises suspicion and warrants close scrutiny.
Employers must clearly demonstrate that the decision to terminate was independent of the employee’s pregnancy or leave status. In practice, many business justifications offered during maternity leave can serve as a pretext for discrimination.
How much time do I have to file a pregnancy discrimination claim?
California provides three years for Civil Rights Department complaints, while federal EEOC charges require filing within 300 days. Some claims have shorter deadlines, making prompt consultation important. Missing deadlines eliminates otherwise valid claims.
What if I already signed a severance agreement?
Severance agreements often include release provisions, but certain rights cannot be waived. Agreements obtained through misrepresentation or without proper disclosures may be challenged. Review any documents with a California wrongful termination attorney before signing.
Do pregnancy protections apply if I haven’t announced my pregnancy?
Yes, discrimination based on suspected or potential pregnancy violates the law. Employers cannot make employment decisions based on assumptions about pregnancy or family planning intentions.
Stand Up for Your Rights as a Working Mother in California
Your pregnancy represents hope and joy for your growing family, not grounds for employment termination.
California’s strong pregnancy discrimination laws exist because lawmakers recognize that working mothers need protection from employers who view pregnancy as an inconvenience rather than natural life progression. Taking action against illegal termination protects not just your family but future generations of working mothers.
The path forward begins with understanding that pregnancy-related termination violates fundamental rights regardless of employer justifications or economic pressures. Haeggquist & Eck stands ready to evaluate your situation and fight for the justice California law provides.Â
Call (619) 342-8000 today to schedule your confidential consultation with California wrongful termination attorneys who understand both the legal complexities and personal challenges facing wrongfully terminated mothers.
