Sacramento Pregnancy Discrimination Lawyer

At Greenberg Gross LLP, our Sacramento pregnancy discrimination lawyers represent employees whose careers, opportunities, or working conditions have been affected because of pregnancy, childbirth, or related medical conditions. 

Our attorneys examine how employers respond to pregnancy disclosures, medical restrictions, accommodation requests, and leave needs to determine whether workplace decisions violate California or federal employment law.

Pregnancy should not suddenly change how an employer views your ability, commitment, or future with the company. If your responsibilities were reduced, an advancement opportunity disappeared, an accommodation was denied, or your employer began treating you differently after learning you were pregnant, our Sacramento pregnancy discrimination attorneys can investigate what changed and determine whether you have grounds to pursue legal action.

Start your journey towards justice today by scheduling your free claim consultation

Why Choose Greenberg Gross LLP for a Pregnancy Discrimination Claim in Sacramento?

Pregnancy discrimination cases often require more than proving that an adverse employment action occurred while an employee was pregnant. The critical issue is why the employer made the decision.

At Greenberg Gross LLP, our trial lawyers examine the employee's workplace history before and after the employer learned about the pregnancy. We look closely at when decisions were made, who participated in them, what management said at the time, and whether the employer's explanation is consistent with its own records.

This approach can reveal changes that are difficult to recognize when individual events are viewed separately. An employee who was considered a strong performer before announcing a pregnancy may suddenly encounter concerns about availability, commitment, travel, scheduling, or future responsibilities. Our attorneys determine whether those changes have a legitimate explanation or provide evidence that pregnancy influenced the employee's treatment.

Is Pregnancy Discrimination Illegal in California?

Yes. California and federal laws prohibit covered employers from discriminating against employees or applicants because of pregnancy, childbirth, or related medical conditions. California law also provides important rights involving pregnancy accommodations and protected leave, depending on the employee's circumstances.

California's Fair Employment and Housing Act (FEHA) prohibits covered employers from making discriminatory employment decisions because of pregnancy, childbirth, breastfeeding, or related medical conditions. These protections can apply to hiring, promotion, compensation, assignments, discipline, termination, and other terms and conditions of employment.

Federal law provides additional protection through Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act. The federal Pregnant Workers Fairness Act also establishes reasonable accommodation protections for qualifying limitations related to pregnancy, childbirth, or related medical conditions.

Sacramento employees can have rights under several laws at the same time. Determining which protections apply requires looking beyond whether an employee was simply "on maternity leave" and examining the particular reason for an absence, accommodation, or workplace decision.

California provides overlapping protections addressing different aspects of pregnancy and employment. Understanding those distinctions is important because one protection can apply even when another does not.

Protection Against Pregnancy Discrimination

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FEHA generally prohibits employers with five or more employees from discriminating because of pregnancy, childbirth, or related medical conditions. An employer cannot lawfully deny an employee an opportunity or impose an adverse employment consequence because of pregnancy when the statute applies.

Pregnancy discrimination can occur before an employee ever requests leave. A hiring decision, promotion, assignment, compensation decision, or change in responsibilities can raise legal concerns if pregnancy improperly influenced the outcome.

Pregnancy Disability Leave

California Pregnancy Disability Leave (PDL) provides eligible employees who are disabled by pregnancy, childbirth, or a related medical condition with job-protected leave for the period of disability, up to the amount allowed by law.

Unlike some other forms of protected leave, PDL does not require an employee to have worked for the employer for 12 months or completed a minimum number of hours. It generally applies when the employer is covered by FEHA and the employee is actually disabled by pregnancy, childbirth, or a related medical condition.

Reasonable Accommodation

California law can also require covered employers to provide reasonable accommodations for pregnancy-related medical needs when supported by appropriate medical advice.

The appropriate accommodation depends on the employee's limitations and job. It may involve changes to duties, schedules, or working conditions rather than requiring the employee to stop working entirely.

CFRA Bonding Leave

The California Family Rights Act (CFRA) provides qualifying employees with job-protected leave for specified reasons, including bonding with a new child. Pregnancy disability leave and CFRA bonding leave serve different purposes. Depending on eligibility and the circumstances, an employee may use pregnancy disability leave while medically disabled and later use CFRA leave to bond with the child.

This distinction can be important when an employer incorrectly treats all pregnancy- and childbirth-related absences as one continuous leave entitlement.

What Does Pregnancy Discrimination Look Like at Work?

Pregnancy discrimination does not always involve an employer explicitly saying that an employee is being treated differently because she is pregnant. It can appear through decisions that affect the employee's responsibilities, advancement, compensation, or continued employment.

Examples can include:

  • Refusing to hire or promote a qualified employee because she is pregnant;
  • Removing important responsibilities after learning about a pregnancy;
  • Denying an employee opportunities based on assumptions about future availability;
  • Applying stricter attendance or performance standards because of pregnancy-related needs;
  • Refusing a legally required reasonable accommodation;
  • Penalizing an employee for qualifying pregnancy-related absences;
  • Pressuring an employee to begin leave earlier than medically necessary; or
  • Terminating an employee because of pregnancy, childbirth, protected leave, or an accommodation request.

The surrounding facts determine whether a particular employment decision violates the law. An employer can still make legitimate performance and business decisions involving pregnant employees. It cannot use pregnancy as a reason to treat an employee less favorably.

Employees facing discrimination based more broadly on sex or gender can learn about available protections against gender discrimination in California workplaces by meeting with our Sacramento gender discrimination lawyers.

Pregnancy Discrimination Can Begin With an Assumption

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Some of the most consequential workplace decisions are made without asking the pregnant employee what she wants or what her medical provider recommends. 

A supervisor may assume an employee no longer wants to travel. Management may decide she should not handle an important account because she will eventually take leave. A leadership opportunity may go to someone else because the employer expects the pregnant employee to become less available after childbirth.

An employer might characterize these decisions as practical, considerate, or even protective. But good intentions do not automatically make a discriminatory decision lawful.

Pregnancy should not be treated as evidence that an employee is less committed, less capable, or no longer interested in advancement. Nor should employers make employment decisions based on generalized assumptions about what pregnant employees can do.

When an actual medical limitation exists, the appropriate question is different: what accommodation does the employee need, and what does applicable law require the employer to provide?

What Pregnancy Accommodations Can California Employees Request?

California employees disabled by pregnancy, childbirth, or related medical conditions may have the right to reasonable accommodation when advised by a healthcare provider. The appropriate accommodation depends on the employee's medical needs and job responsibilities. Depending on the circumstances, accommodations can involve:

  • Modifying certain work duties;
  • Changing work practices or schedules;
  • Providing additional breaks;
  • Allowing time for qualifying medical appointments; or
  • Transferring an employee temporarily to less strenuous or hazardous duties when legally required.

Employers and employees may need to communicate about the employee's limitations and potential accommodations. The employer should evaluate the actual circumstances rather than relying on stereotypes about what pregnant employees can or cannot do.

Pregnancy-related medical conditions can also intersect with other workplace protections. If you need accommodations due to qualifying medical limitations, you can learn more about workplace rights related to disabilities and reasonable accommodations by sharing your story with our Sacramento disability discrimination lawyers.

Pregnancy Disability Leave and CFRA Bonding Leave Are Not the Same

Employees and employers sometimes use "maternity leave" as a general term, but California law does not treat every pregnancy- and childbirth-related absence as one category of leave.

Pregnancy Disability Leave covers periods when an employee is disabled due to pregnancy, childbirth, or a related medical condition. The length of leave depends on the period of actual disability, subject to the statutory limit.

CFRA bonding leave serves a different purpose. Qualifying employees can use CFRA leave to bond with a new child following birth, adoption, or foster-care placement.

Because these rights are distinct, an employee who uses PDL does not necessarily exhaust the CFRA bonding leave that may subsequently be available. Understanding how the protections interact can make a substantial difference when an employer tells an employee that no protected time off remains.

What Changed After Your Employer Learned You Were Pregnant?

One of the most revealing questions in a pregnancy discrimination case is also one of the simplest: What changed when your employer learned about your pregnancy?

Our attorneys may compare your work experience before the pregnancy disclosure with what happened afterward. We examine performance evaluations, assignments, compensation, opportunities for advancement, scheduling, disciplinary history, and communication with supervisors or Human Resources.

The timing of particular changes can matter. An employee who was being considered for promotion may suddenly be told the position requires more availability. A previously supportive supervisor may begin questioning the employee's commitment. Strong performance reviews may be replaced by criticism that was never documented before the pregnancy became known.

None of these facts automatically establishes discrimination. They do, however, provide points of comparison that can be tested against the employer's explanation.

We also examine what management was discussing internally. When did the relevant decision-makers learn about the pregnancy? Were employment changes already being considered beforehand? Did managers discuss temporary coverage during leave or begin treating another employee as a permanent replacement? When did alleged performance concerns first appear in the records?

Establishing this before-and-after chronology helps determine whether the employer continued making decisions based on legitimate workplace considerations—or whether pregnancy altered the course of the employee's career.

What If You Were Fired During Pregnancy or After Returning From Leave?

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Pregnancy does not prevent an employer from making legitimate employment decisions unrelated to an employee's protected status or rights. An employer cannot, however, terminate someone because of pregnancy, childbirth, a legally protected accommodation request, or qualifying leave.

When a firing occurs during pregnancy or soon after an employee returns from leave, the timing should be investigated. Our attorneys examine when termination was first considered, who participated in the decision, what reasons were documented at the time, and whether those reasons are consistent with the employee's earlier record.

A termination that appears straightforward on paper can raise different questions when the decision-making timeline is reconstructed.

How Long Do You Have to File a Pregnancy Discrimination Claim in California?

Pregnancy discrimination claims brought under FEHA generally require an employee to file an administrative complaint with the California Civil Rights Department (CRD) before pursuing a lawsuit. In most cases, the administrative complaint must be filed within three years of the alleged unlawful practice.

After obtaining a Right-to-Sue notice, an employee generally has a limited period to bring a civil lawsuit. Federal claims can involve separate EEOC procedures and deadlines, and other employment claims may follow different filing rules.

Employees should not assume that a single deadline applies to every potential claim. Reaching out to our team quickly allows us to perform a legal review to identify your applicable requirements while important workplace evidence is still available.

What Compensation May Be Available in a Sacramento Pregnancy Discrimination Case?

Available remedies depend on the claims and resulting harm. Depending on the circumstances, an employee may be able to pursue lost wages and benefits, future economic losses, emotional distress damages, reinstatement, or other equitable relief, and attorneys' fees and costs, where authorized. Punitive damages may also be available in qualifying cases when the strict legal requirements are met.

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Frequently Asked Questions About Pregnancy Discrimination in Sacramento

Do I have to tell my employer that I am pregnant?

There is no universal requirement to announce a pregnancy at a particular time. However, an employee may need to provide sufficient information when requesting pregnancy-related leave or an accommodation.

Can I be denied a promotion because I will soon take maternity leave?

An employer cannot lawfully deny an otherwise qualified employee a promotion because of pregnancy or assumptions about protected leave. The employer should evaluate the employee based on legitimate job-related criteria.

Am I protected if I am still in my probationary period?

A probationary period does not eliminate anti-discrimination protections. Employers retain substantial discretion to evaluate probationary employees, but pregnancy cannot lawfully be used as a prohibited reason for an adverse employment decision.

What if my employer says it has reduced my responsibilities for my own safety?

An employer should not make employment decisions based on generalized assumptions about what is safe for pregnant employees. Actual medical restrictions and applicable accommodation requirements should guide decisions about job duties.

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You may remember clearly how you were regarded at work before announcing your pregnancy—and recognize when that treatment suddenly changed. Those differences can matter.

At Greenberg Gross LLP, we examine the decisions surrounding pregnancy, accommodations, leave, advancement, and termination to determine whether an employer's explanation holds up against the evidence. When pregnancy has unlawfully altered the course of an employee's career, our trial lawyers are prepared to pursue accountability based on the circumstances and the law.

Call (916) 905-5525 or contact Greenberg Gross LLP online to schedule a confidential consultation with a Sacramento pregnancy discrimination lawyer today.

Start your journey towards justice today by scheduling your free claim consultation