California Pregnancy Discrimination Lawyer for Employees
As a California pregnancy discrimination lawyer, Milan Chatterjee represents employees in San Bernardino and Riverside Counties who were fired, demoted, denied accommodation or refused leave because of pregnancy. California gives eligible employees up to 4 months of pregnancy disability leave, plus protection for childbirth, breastfeeding and related medical conditions.
Free, confidential. We respond within minutes.
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp.
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
What You Can Recover in a Pregnancy Discrimination Claim
Pregnancy discrimination is sex discrimination under California law, and the same strong FEHA remedies apply. Emotional distress damages are not capped under FEHA, and the court can order the employer to pay your attorney's fees. As your California pregnancy discrimination lawyer, our job is to document every loss.
Financial damages you can recover
- Back pay: lost wages and benefits from the date of the discriminatory act
- Front pay: future lost earnings when returning to the job is not realistic
- Lost health coverage and other benefits during leave
- Emotional distress damages
- Punitive damages when the employer acted with malice, oppression or fraud (Civ. Code 3294)
- Reasonable attorney's fees, costs and expert fees (Gov. Code 12965)
Beyond the money
- Reinstatement to your job after leave, or a corrected personnel record
- The accommodation or transfer you were denied
- Court-ordered training and policy changes at the employer (Gov. Code 12965)
- Accountability that protects the coworkers who come after you
Employers Cannot Legally Discriminate Against Pregnant Employees
California law protects employees from discrimination based on pregnancy, childbirth, breastfeeding, and related medical conditions. If your employer fired, demoted, denied leave, refused a reasonable accommodation, or otherwise treated you unfairly because of pregnancy, you may have the right to seek compensation and other legal remedies. Call (888) 785-9923 for a free consultation.
Pregnancy Rights Under California Law
FEHA treats pregnancy, childbirth, breastfeeding and related medical conditions as sex, and protects employees at employers with 5 or more employees (Gov. Code 12926, 12940(a)). These are the situations a California pregnancy discrimination lawyer sees most often.
Fired, Demoted or Passed Over Because of Pregnancy
An employer cannot fire you, cut your hours, take away duties, deny a promotion or refuse to hire you because you are pregnant or plan to have a child. Timing often tells the story: discipline or a layoff that follows soon after you announce a pregnancy or request leave.
How We Win: We build a timeline from your announcement through every decision that followed, and compare how you were treated with coworkers who were not pregnant.
Pregnancy Disability Leave (PDL)
If you are disabled by pregnancy, childbirth or a related condition, you can take a reasonable period of leave of up to 4 months, and you can use accrued vacation during it (Gov. Code 12945(a)(1)). Your employer must keep your group health coverage in place during PDL (Gov. Code 12945(a)(2)).
- Up to 4 months: generally up to 17 1/3 weeks for a full-time employee
- Return to work: the right to return to your job when the leave ends
- Separate from CFRA: baby bonding leave under CFRA is in addition to PDL
Accommodation and Transfer
With the advice of your health care provider, you can request a reasonable accommodation for a pregnancy-related condition, such as more breaks, lifting limits or modified duties, and a temporary transfer to a less strenuous or hazardous position when it can be reasonably accommodated (Gov. Code 12945(a)(3)).
Federal Protection Too: The federal Pregnant Workers Fairness Act also requires employers with 15 or more employees to accommodate known limitations related to pregnancy.
Breastfeeding, Lactation and Reproductive Loss
Employers must provide reasonable break time and a private space, other than a bathroom, to express breast milk (Lab. Code 1030, 1031). California also provides up to 5 days of reproductive loss leave after a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction (Gov. Code 12945.6).
What We Look For: Denied break time, no private space, and comments or discipline tied to pumping or time away.
Unsure Whether You Have a Case?
Tell us what happened and when. We will give you an honest assessment of your rights under California law.
Investigation, Aggressive Pursuit, Maximum Recovery
When you hire a California pregnancy discrimination lawyer at our firm, your case moves through three phases.
We review your timeline, leave requests, doctor's notes, performance history and the employer's stated reasons, and request your personnel file (Lab. Code 1198.5). We identify every deadline and every leave law that applies.
We file your complaint with the California Civil Rights Department (CRD), and with the EEOC when federal claims apply. Depending on your goals, we pursue an investigation and mediation, or request an immediate right-to-sue notice and file in court.
We negotiate from a position of strength and prepare every case as if it will go to trial. As former in-house counsel, Milan knows how employers evaluate risk and what moves them to settle.
California Workers We Fight For
Our California pregnancy discrimination lawyer represents employees across the Inland Empire's largest industries.
Warehousing & Logistics
Lifting limits ignored, light duty refused, and pregnant workers pushed out of physical roles.
Health Care
Long shifts, exposure risks and denied transfers for pregnant nurses and staff.
Education & Public Sector
Leave disputes, lactation space and contract renewals after pregnancy.
Retail & Hospitality
Hours cut after an announcement, standing rules, and denied breaks.
Restaurants & Food Service
Shifts taken away, no place to pump, and terminations during leave.
Corporate & Professional
Lost promotions, reassigned clients and restructurings that target new parents.
What To Do in the First 7 Days
What you do early can shape your case. These steps protect your rights whether you are still working, on leave or have already been let go.
Write Down What Happened
Record when you told your employer about the pregnancy, every comment and decision since, and who was present.
Put Requests in Writing
Send leave and accommodation requests by email with your provider's note, and keep copies of every reply.
Save Your Evidence
Keep performance reviews, emails, texts, schedules and pay stubs you already have. Do not take confidential company files.
Call an Employee Rights Lawyer
Before signing any severance agreement or release, call (888) 785-9923 for a free consultation.
Waiting too long to take action on a pregnancy discrimination claim may affect your ability to pursue legal remedies. If you were fired, denied leave, refused an accommodation, or otherwise treated unfairly because of pregnancy, contact us promptly to discuss your rights and applicable deadlines. Call (888) 785-9923 for a free consultation.
Evidence That Can Strengthen a Pregnancy Discrimination Claim
Strong pregnancy cases often turn on timing: good reviews before an announcement, then sudden criticism, reduced hours or a layoff after it. Comments about your commitment, your due date, childcare or whether you will come back are powerful evidence, as are accommodation requests that were ignored or denied without discussion.
Emails, texts, leave paperwork, provider notes, schedules, pay records, the personnel file and witness accounts all help. A California pregnancy discrimination lawyer organizes this evidence into a clear story for the CRD, a mediator or a jury.
Pregnancy Claims and California Employment Law
State and federal law both protect pregnant employees, with different coverage and deadlines. Talk to an attorney before relying on any deadline.
Pregnancy Rights and Claim Deadlines
| Right or claim | What it provides | Deadline or limit | Source |
|---|---|---|---|
| Pregnancy disability leave | Leave while disabled by pregnancy, with health coverage maintained | Up to 4 months | Gov. Code 12945 |
| Reproductive loss leave | Leave after a reproductive loss | Up to 5 days | Gov. Code 12945.6 |
| FEHA complaint | Discrimination, denied leave or accommodation, retaliation | 3 years from the unlawful act | Gov. Code 12960 |
| FEHA lawsuit | Lawsuit in Superior Court | 1 year from the right-to-sue notice | Gov. Code 12965 |
| Federal charge (Title VII, PWFA) | EEOC charge | 300 days | 42 U.S.C. 2000e-5(e) |
Frequently Asked Questions About Pregnancy Discrimination in California
No. FEHA prohibits employers with 5 or more employees from firing, demoting or otherwise discriminating against you because of pregnancy, childbirth, breastfeeding or a related medical condition (Gov. Code 12940(a)). Firing you for requesting pregnancy leave or accommodation is also illegal.
If you are disabled by pregnancy, childbirth or a related condition, you can take a reasonable period of leave of up to 4 months, which is generally up to 17 1/3 weeks for a full-time employee (Gov. Code 12945). Your employer must maintain your group health coverage during that leave.
No. Pregnancy disability leave covers the time you are disabled by pregnancy or childbirth. CFRA provides up to 12 weeks of job-protected leave to bond with a new child, and it is in addition to PDL for eligible employees.
With the advice of your health care provider, you can ask for reasonable accommodations such as more frequent breaks, lifting limits, a stool or modified duties, and a temporary transfer to a less strenuous or hazardous position when it can be reasonably accommodated (Gov. Code 12945(a)(3)).
Yes. California employers must provide reasonable break time and a private space, other than a bathroom, close to your work area to express breast milk (Lab. Code 1030, 1031). Breastfeeding is also protected from discrimination under FEHA.
Generally 3 years from the discriminatory act to file a complaint with the California Civil Rights Department (Gov. Code 12960), and 1 year after the right-to-sue notice to file a lawsuit (Gov. Code 12965). Federal EEOC charges are generally due within 300 days.
Generally no. Employees who take pregnancy disability leave have the right to return to work when the leave ends. An employer that eliminates your job or fills it permanently while you are on leave may be violating California law, and the reasons it gives should be reviewed by a lawyer.
Yes. We represent employees throughout San Bernardino and Riverside Counties in California pregnancy discrimination claims, with free, confidential consultations in English or Spanish. Call (888) 785-9923.
Treated Unfairly While Pregnant? Talk to a California Pregnancy Discrimination Lawyer.
Tell us what happened. The consultation is free and confidential.
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Milan Chatterjee
UCLA Law Graduate. Former in-house counsel at Las Vegas Sands Corp. Nevada & California Bar. Founding President, South Asian Bar Assoc. of Las Vegas.