Telling your employer you are pregnant should not change how you are treated at work. When it does, a San Jose pregnancy discrimination lawyer can help you understand your rights and hold the company accountable for what happened next.
Greenberg Gross LLP represents employees across San Jose and Santa Clara County who were demoted, sidelined, denied accommodations, refused leave, or fired because of pregnancy, childbirth, or a related condition. California gives pregnant workers some of the strongest protections in the country, and we know how to use them.
Call (415) 426-6366 for a free consultation. Our nearest office is in San Francisco, and our team is available 24/7.
Table of Contents
- Table of Contents
- How Our San Jose Pregnancy Discrimination Attorneys Help
- What Is Pregnancy Discrimination Under California Law?
- How Do PDL, CFRA, and FMLA Work Together?
- Denied a Pregnancy Accommodation?
- Lactation Rights When You Return to Work
- Pregnancy Bias in Silicon Valley Workplaces
- Were You Fired While Pregnant?
- Evidence That Strengthens a Pregnancy Discrimination Claim
- What Can You Recover in a Pregnancy Discrimination Case?
- FAQs Answered by a San Jose Pregnancy Discrimination Lawyer
- Contact a San Jose Pregnancy Discrimination Lawyer
How Our San Jose Pregnancy Discrimination Attorneys Help
Pregnancy discrimination cases often move on two tracks at once. There is the immediate problem of protecting your job, your leave, and your health insurance, and there is the longer question of what the employer owes you for what it has already done.
We handle both. That can mean pressing an employer to honor an accommodation request this week while we build the record for a claim that may later go to trial.
Greenberg Gross is a trial firm founded in 2013 by Alan Greenberg and Wayne Gross, who came from a global law firm. Here is what that means for you:
- Trial preparation from day one. We prepare every case as if it will be tried, which gives our clients leverage in negotiations.
- Depth and reach. Our 13 offices across seven states give us the resources to take on large technology employers and their defense firms.
- Recognized advocates. Our attorneys, including Brian Williams, have earned Super Lawyers selection, AV Preeminent ratings from Martindale-Hubbell, ABOTA membership, and Daily Journal Top 100, Top Plaintiff, and Top Labor & Employment honors.
- Easy access. Consultations are free, and you can reach us around the clock.
You are managing a lot right now, and you should not have to manage your employer alone. Call us, and we will walk you through your options at a pace that works for you.
What Is Pregnancy Discrimination Under California Law?
Pregnancy discrimination is treating an employee or applicant less favorably because of pregnancy, childbirth, breastfeeding, or a related medical condition. Under California's Fair Employment and Housing Act (FEHA), it constitutes a form of sex discrimination and applies to employers with five or more employees.
It can happen at any stage of employment. We regularly see these situations:
- Withdrawing a job offer or ending an interview process after a candidate discloses a pregnancy.
- Removing a pregnant employee from a promotion track, a major project, or a client account.
- Assigning an unexpectedly low performance rating shortly after an announcement.
- Refusing reasonable changes to duties or schedules that a doctor recommends.
- Denying or interfering with pregnancy disability leave or bonding leave.
- Terminating an employee during pregnancy, during leave, or soon after returning.
An employer rarely admits that pregnancy drove a decision. The timing, the treatment of comparable employees, and the gap between the stated reason and the actual record usually tell the story.
How Do PDL, CFRA, and FMLA Work Together?
California layers three separate leave laws, and understanding how they stack is often the key to a pregnancy case. In many situations, an eligible employee can take up to four months of pregnancy disability leave and then an additional 12 weeks of bonding leave, all with job protection.
This table summarizes the basic differences:
| Law | Who It Covers | Leave Available | Purpose |
|---|---|---|---|
| Pregnancy Disability Leave (PDL) | Employers with five or more employees; no minimum time on the job | Up to four months per pregnancy, while actually disabled | Pregnancy, childbirth, and related conditions |
| California Family Rights Act (CFRA) | Employers with five or more employees; employee with more than 12 months of service and 1,250 hours | Up to 12 weeks in a 12-month period | Bonding with a new child, or a serious health condition |
| Family and Medical Leave Act (FMLA) | Employers with 50 or more employees within 75 miles; similar service requirements | Up to 12 weeks in a 12-month period | Similar purposes under federal law |
The critical point is that PDL and CFRA are separate entitlements. Under Government Code section 12945, pregnancy disability leave does not reduce the bonding leave available under Government Code section 12945.2.
Federal FMLA leave generally runs concurrently with PDL for employees who qualify for both. The California Civil Rights Department publishes a guide to pregnancy disability and bonding leave that explains the sequence in more detail.
Denied a Pregnancy Accommodation?
California employers must provide reasonable accommodations for pregnancy-related conditions when a health care provider advises them to do so. That can include modified duties, more frequent breaks, a temporary transfer to a less strenuous or hazardous position, schedule changes, or time off for prenatal appointments.
In South Bay workplaces, accommodation requests often involve reduced travel, flexibility in on-call rotations, remote work for part of the week, or relief from lab, warehouse, or manufacturing duties that involve physical demands. An employer that refuses without a legitimate reason or stalls until the need has passed may be violating the law.
Federal law adds protection as well. The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, absent undue hardship.
Lactation Rights When You Return to Work
The return from leave is where many pregnancy discrimination cases begin. California's lactation accommodation law, found in Labor Code section 1030 and the sections that follow it, requires employers to provide reasonable break time and a private space, other than a bathroom, for expressing milk.
Open-plan offices and shared workspaces do not excuse an employer from providing that space. Disciplining, mocking, or pushing out an employee because she needs lactation breaks can support both a lactation claim and a sex discrimination claim.
Greenberg Gross LLP is ready to stand by your side
Pregnancy Bias in Silicon Valley Workplaces
Pregnancy discrimination in technology companies tends to be subtle. It rarely looks like an outright firing on the day of an announcement, and far more often looks like a series of decisions that each seem defensible alone.
A manager may decide that a pregnant engineer "should not be burdened" with leading a launch, then cite her lack of leadership experience at the time of promotion. A performance review may be written while an employee is on leave, without input from the work she completed before it. A startup may restructure a role during leave so the job she returns to is not the job she left.
Equity adds another layer. Leave generally should not be treated as a reason to cut refresh grants or reset vesting in ways that the company does not apply to other employees on protected leave, and gaps in treatment can become part of the damages in a discrimination case.
Were You Fired While Pregnant?
Being fired while pregnant is not automatically illegal, but it is unlawful when pregnancy or leave was a substantial motivating reason for the decision. The closer the termination is to a pregnancy announcement, an accommodation request, or a leave, the harder it becomes for an employer to explain away.
Layoffs deserve particular scrutiny. When an employee on leave is selected for a reduction in force while comparable colleagues are kept, we look closely at who made the selection, what criteria were used, and whether those criteria were applied consistently.
Employers also cannot retaliate against an employee for requesting leave or accommodation. A retaliation claim can stand on its own, even when the underlying discrimination is disputed.
Evidence That Strengthens a Pregnancy Discrimination Claim
The strongest cases are usually built on a clear timeline. We want to know when you told your employer, when you requested an accommodation or leave, and when each adverse decision followed.
Documents that help include performance reviews before and after your announcement, emails and chat messages with your manager, accommodation requests and the employer's responses, leave paperwork, and any written explanation of a demotion or termination. Notes you made during key conversations can be especially valuable.
If you are still employed, save what you can to a personal account where company policy allows it. You do not need a complete file before calling us, because discovery gives us tools to obtain records that the employer controls.
We can help determine the details of your case
What Can You Recover in a Pregnancy Discrimination Case?
Depending on the facts, an employee may recover lost wages and benefits, the value of lost equity, future earnings, and damages for emotional distress. FEHA does not cap these damages, and a court may award attorney fees and costs to a prevailing employee.
When an employer's conduct involves malice, oppression, or fraud, punitive damages may also be available. Every case is different, and past results do not predict future outcomes.
For many of our clients, the case is also about something beyond money. It is about making sure the next employee who announces a pregnancy at that company is treated fairly.
FAQs Answered by a San Jose Pregnancy Discrimination Lawyer
These are answers to questions San Jose employees commonly ask about pregnancy rights at work.
Do I have to tell my employer I am pregnant?
California law does not require you to disclose a pregnancy at any particular time. You will generally need to give notice when you request leave or an accommodation, ideally 30 days ahead when the need is foreseeable. Protections apply once the employer knows about the pregnancy or the related condition.
Is my job protected while I am on pregnancy disability leave?
Generally, yes. An employee returning from PDL has the right to return to the same position in most cases, subject to limited exceptions such as a legitimate layoff that would have affected the role anyway. Your employer must also continue group health coverage during PDL on the same terms as before.
Does pregnancy disability leave have to be taken all at once?
No. PDL can be taken intermittently or on a reduced schedule when medically advisable, such as for prenatal appointments or severe morning sickness. The total time is still capped at four months per pregnancy.
Is PDL paid in California?
PDL itself is unpaid unless your employer provides paid leave, although you may use accrued sick leave. Many employees qualify for partial wage replacement through State Disability Insurance during the disability period and through Paid Family Leave during bonding time.
Can my employer fire me for pregnancy complications that affect my attendance?
Absences caused by pregnancy-related conditions are generally protected under PDL and accommodation rules. An employer that counts those absences against you, or fires you for them, may be violating California law.
Are job applicants protected from pregnancy discrimination?
Yes. FEHA protects applicants as well as employees. An employer that rescinds an offer, ends an interview process, or selects another candidate because an applicant is pregnant may be liable for discrimination, even if the applicant never started the job.
How long do I have to file a pregnancy discrimination claim?
Employees generally have three years from the discriminatory act to file a complaint with the California Civil Rights Department, and typically one year after receiving a right-to-sue notice to file a lawsuit. Because federal deadlines are shorter, early review of your timeline is wise.
Contact a San Jose Pregnancy Discrimination Lawyer
This should be a time focused on your health and your family, not on defending your job. A free consultation with Greenberg Gross can help you understand where you stand and what comes next.
We represent employees throughout San Jose and Silicon Valley, with our nearest office at 101 Montgomery Street, Suite 900, in San Francisco. Call (415) 426-6366 or contact us online to schedule a conversation.