Pregnancy is supposed to be a time of preparation and joy — not fear about losing your job. Yet every year, thousands of women face discrimination, retaliation, and even termination simply for being pregnant or taking legally protected time off. If you’re asking:
- Can I get fired for being pregnant?
- Can I get fired for missing work due to pregnancy?
- Can I be laid off during maternity leave?
The answer is: not legally — but that doesn’t mean some employers won’t try.
At Employee Rights Attorney Group, led by top pregnancy discrimination attorney Diana Gevorkian, we fight to protect pregnant employees who have been wrongfully terminated, laid off, or denied their rights at work.
Your Rights Under the Pregnant Workers Fairness Act and California Law
As of 2023, the Pregnant Workers Fairness Act (PWFA) provides enhanced federal protections for employees who need accommodations due to pregnancy, childbirth, or related medical conditions. This law requires covered employers to offer reasonable accommodations — such as schedule adjustments, lighter duties, or time off — unless doing so causes undue hardship.
In California, you have even more robust protections under:
- The California Fair Employment and Housing Act (FEHA)
- The Pregnancy Disability Leave Law (PDL) – up to 4 months of protected leave
- Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) – up to 12 weeks of bonding/medical leave
- State disability and paid family leave programs
These laws make it illegal to terminate a pregnant employee, deny pregnancy-related leave, or retaliate against someone for exercising their rights.
Terminating a Pregnant Employee — What’s Legal vs. Illegal
While California is an at-will employment state, employers cannot fire or lay off employees because they are pregnant, because they requested accommodations, or because they took protected leave.
Unlawful termination examples:
- You’re let go after requesting reduced hours due to pregnancy related medical conditions.
- You’re fired during maternity leave or immediately after returning to work.
- You’re told your job is being “restructured” right after announcing your pregnancy as a pretext to get rid of you.
- Your employer sets you up for failure to accuse you of poor performance without documentation, after years of positive reviews because of your pregnancy or pregnancy related medical condition.
- You are forced to resign because your employer denies medical accommodations making coming to work unsafe for you or your child.
Employers may try to disguise discrimination by citing business reasons, layoffs, or performance issues. But with the right legal support, you can hold them accountable.
Can You Sue for Being Fired While Pregnant?
Yes, absolutely. If you were wrongfully terminated, denied accommodations, or laid off during or after your pregnancy, you may be entitled to file a lawsuit for:
- Lost wages and benefits
- Emotional distress
- Punitive damages (if the employer’s behavior was especially egregious)
At Employee Rights Attorney Group, we’ve helped clients recover millions in compensation. We have helped employees through aggressive legal action or through confidential negotiations and private settlements including against employers who violated pregnancy-related rights.
What to Do If You’re Fired or Laid Off During Pregnancy
1. Document everything — keep records of conversations, emails, and performance reviews. Please take as much as you can.
2. If you are required to sign a performance review with false accusations, provide a rebuttal or at least some comment stating that you do not agree with the false accusations.
3. Do not sign severance or settlement paperwork without speaking with an attorney.
4. Contact a pregnancy discrimination attorney immediately.
5. If you are applying for unemployment benefits, state that the reason for termination was due to your pregnancy or pregnancy related condition. Do not parrot your employer’s false reasons.
How We Help — No Fees Unless You Win
With offices in Beverly Hills and Culver City, our firm exclusively focuses on employee rights and wrongful termination cases in California. We offer personalized, compassionate legal support during one of the most vulnerable times in your life. And you pay nothing for our attorney time unless we win your case.
Whether you’re asking:
- Can I be fired when I’m pregnant?
- Can I sue for being laid off during maternity leave?
- What are my rights under the Pregnant Workers Fairness Act?
We have the answers — and the legal resources to help and obtain the restitution you deserve.
Final Thoughts
Being pregnant should never put your job at risk. If you’ve been treated unfairly, fired, laid off, or denied time off because of your pregnancy, don’t wait. The law is on your side — and so are we.
Contact Employee Rights Attorney Group today for a confidential consultation. Let us help you protect your rights, your income, and your future.