California Pregnancy Discrimination Laws 2025 Explained

California has a long history of prioritizing the rights of pregnant employees and ensuring that they are treated fairly and equitably. As of 2025, the state continues to have some of the strongest protections against pregnancy discrimination in the workplace. The protections that are provided by the California pregnancy discrimination laws are designed to help make sure employees who are pregnant or have recently given birth are not discriminated against in the workplace.

Key Laws Protecting Pregnant Workers in California

There are several key laws in California that protect the rights of pregnant employees, making sure they are not subject to unfair treatment or discrimination in the workplace. The state has a strong initiative in workplace fairness and gender equality, and these laws are part of that. These include the Fair Employment and Housing Act, California Family Rights Act, Pregnancy Disability Leave, pregnancy accommodations under FEHA, and Paid Family Leave.

Fair Employment and Housing Act

One of the primary laws protecting workers, including those who are pregnant, against discrimination in the workplace in California is the Fair Employment and Housing Act. Under this act, it is unlawful for employers to discriminate against any job applicant or employee on the basis of pregnancy, childbirth, or other similar medical conditions.

There are certain requirements that a business or employer must meet to be covered under this law. They must have five or more employees. The employer must also provide accommodations for pregnant employees, such as frequent breaks, seating, and altering job duties to reduce physical strain.

Pregnancy Accommodation Under FEHA

Employers are required to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions under FEHA. These accommodations may include changing job duties to reduce physical strain, providing more frequent and longer breaks, allowing for temporary leave or the ability to work from home, and providing assistance with manual labor or lifting requirements.

The process to determine the appropriate accommodations must be interactive, meaning they may need to be altered regularly, depending on the health condition. The employer cannot deny reasonable accommodations unless they are able to show that they would cause significant difficulty or expense to the business.

California Family Rights Act

The California Family Rights Act provides additional protections for workers who need time off during pregnancy, childbirth, or other related medical conditions. Employees are allowed up to 12 weeks of job-protected, unpaid leave within a 12-month period for the birth of a child or for serious health conditions related to childbirth or pregnancy.

To be eligible for CFRA, an employee generally has to have worked at least 1,250 hours during a 12-month period and been employed by the employer for at least 12 months. Under this act, employees are also entitled to return to their same or a comparable position after their leave.

Pregnancy Disability Leave

In California, the Pregnancy Disability Leave grants employees up to four months of leave for pregnancy-related disabilities. This type of leave is for those employees who are temporarily disabled due to a pregnancy-related condition, childbirth, or pregnancy. This type of leave is also job-protected. However, if the employee is unable to return to their former position because of their condition, the employer must offer them a comparable position if available.

Paid Family Leave

In addition to the other leaves, California also offers paid family leave. This provides eligible workers with partial wage replacement while they take time off to bond with a new child or take care of an ill family member. This type of leave is available for up to eight weeks. Although on its own, it does not provide job protection, it can be used in conjunction with one of the other leaves.

Protections and Provisions Under California Pregnancy Discrimination Laws

In California, employers must notify pregnant employees of their rights to accommodations and provide information about their options for taking leave or requesting changes to their work duties. There are other specific protections that keep employers from taking certain actions against pregnant employees. The state prohibits pregnancy discrimination, prohibits retaliation against pregnant employees, and provides health and safety protections.

Challenges and Considerations for Employers

Employers must ensure that they comply with all regulations set by state and federal laws when it comes to protection against pregnant employees. To do so, they should:

• Develop Clear Policies.
• Provide Training for Supervisors.
• Maintain Open Communication.
• Avoid Adverse Actions.

Challenges and Considerations for Employees

If an employee feels they have been discriminated against in the workplace due to pregnancy, they should be aware of their rights under California law, and take the following steps:

• Document the Situation.
• Request Accommodation in Writing.
• Seek Legal Counsel.

FAQs

Q: What Is the California Pregnancy Discrimination Act?

A: The California Pregnancy Discrimination Act is part of the Fair and Employing Housing Act, and prohibits discrimination against pregnant employees in all employment terms. It also requires employers to provide accommodations to those employees who are pregnant or are suffering from a health condition related to pregnancy or childbirth. If this right is violated, employees can file a complaint with California’s Department of Fair Employment and Housing.

Q: How Can You Prove Discrimination During Pregnancy?

A: One may use direct or circumstantial evidence to prove discrimination during pregnancy. To do so, they will need to document the situation and make sure all correspondence surrounding any requests that have been denied or other discriminatory situations are in writing. It’s important to seek legal counsel when this occurs.

Q: What Are the EEOC Rules of Pregnancy?

A: The United States Equal Employment Opportunity Commission enforces several laws that are related to pregnancy in the workplace and the prohibition of discrimination against those employees. The EEOC has many different rules, some of which can be difficult to understand. This is why it’s important for pregnant employees to seek legal counsel if they feel their rights have been violated in the workplace.

Q: How Much Can You Pursue for Pregnancy Discrimination?

A: There are many factors that determine how much one can seek for pregnancy discrimination. These include the severity of the discrimination, your income level, the consequences of your employer’s actions, and whether or not you can prove emotional stress. Consulting with a pregnancy discrimination lawyer will provide you with the scope of how much you could potentially seek, depending on your situation.

Contact Theory Law

California has a commitment to protecting gender equity and ensuring no discrimination occurs for pregnant employees, which is why there are so many laws and acts in place to provide protections for them. If you feel that your rights have been violated or need help understanding what rights and protections you are entitled to, it is time to contact Theory Law. Give our office a call today to set up a consultation with our experienced legal team.