Take the First Step
March 24, 2025 · Benjamin J. Treger
What Your Employer Can’t Do When You’re Expecting
You told your employer you were pregnant. Or you requested parental leave. Or you came back from leave and found that your role had changed, your responsibilities had been reassigned, or your position had been “eliminated.”
These are not coincidences. They are among the most common forms of employment discrimination in California, and they are illegal.
California provides multiple overlapping protections for pregnant employees and new parents. Pregnancy Disability Leave (PDL) provides up to four months of job-protected leave for employees disabled by pregnancy, childbirth, or related conditions. This is in addition to, not instead of, other leave entitlements. The California Family Rights Act (CFRA) provides up to 12 weeks of job-protected leave for bonding with a new child. CFRA applies to employers with 5 or more employees. The federal Family and Medical Leave Act (FMLA) provides an additional 12 weeks in some circumstances. These protections can be used consecutively, meaning an employee may be entitled to several months of protected leave.
Your employer cannot fire you for being pregnant. They cannot refuse to hire you because you are pregnant. They cannot demote you, reduce your hours, or change your job duties because you requested or took leave. They cannot pressure you to return early. They cannot retaliate against you for asserting your leave rights. And when you return from leave, they must restore you to the same or a comparable position.
Pregnancy discrimination rarely comes with a confession. Instead, it looks like: a performance review that suddenly turns negative after you announce your pregnancy. Being left off projects or excluded from meetings while you’re on leave. Returning from leave to find that your team has been reassigned to someone else. Being told the company “went in a different direction” shortly after your return. Being pressured to accept a demotion because the company “needs flexibility.”
If the timing doesn’t add up, the reason probably doesn’t either.
Contact Treger Legal for a free consultation.
This post is for informational purposes only and does not constitute legal advice. Consult with a qualified employment attorney about your specific situation.