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The Global Insight

Can my employer fire me while pregnant?

Author

James Olson

Updated on March 30, 2026

Yes. It is usually illegal to fire someone for being sick during their pregnancy. Pregnant workers in California are entitled to leave under the Pregnancy Disability Leave Law (PDLL) as long as their employer has five or more employees.

How much can you win in a pregnancy discrimination lawsuit?

For back pay, it depends on the amount you have lost. However, with pain and suffering damages, out-of-pocket-losses, and punitive damages, there are limits. The limits can range from $50,000 to $300,000 depending on the size of the company.

What are some examples of pregnancy discrimination?

Here are some examples of pregnancy discrimination in the workplace.

  • Refusing to hire you because you’re pregnant—or plan to become pregnant.
  • Firing you because you’re pregnant.
  • Not giving you a place to pump breast milk.
  • Retaliating against you for filing a discrimination claim.
  • Verbal harassment.

How do you prove pregnancy discrimination in the workplace?

Proving Pregnancy Discrimination. To win a pregnancy discrimination case, you must show that you were treated differently than other employees who were similarly situated, and that the difference in treatment was based on your pregnancy.

Can I get maternity leave if I just started a job?

A: Legally, you don’t have to tell your employer until you give notice for maternity leave in the 15th week before your baby is due, but it’s often better to do so earlier. You are entitled to this from the first day in a new job and it can start from the 11th week before your baby is due.

Can a company refuse to hire you if you are pregnant?

An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers. An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work.

Can a pregnant woman apply for a job?

If someone applied for the position that was eight months pregnant, it wouldn’t be very cost efficient to train someone, only to have them leave four to six weeks later when I could potentially hire someone who could work for much, much longer. by law you can’t say it was because of the pregnancy.

When do you have to make accommodations for a pregnant employee?

That depends on the type of accommodation you usually make for other employees who are unable to perform their usual jobs. For example, if you provide other work for an employee who cannot do any lifting because of a bad back, you must make similar arrangements for a pregnant employee. 2.

Can a pregnant employee choose a lower level job?

The decision singles out two pitfalls for companies in regard to pregnant employees: A supervisor’s question to an employee about her family and childbearing plans has no place in hiring, promotion or other employment decisions. An employer may not usually ask a pregnant employee to choose between a lower-level job and resignation.

Is it foolish to hire a pregnant woman?

I was hired for a position at 7 months pregnant. Many employers care more about the fit long term than the short term inconvenience. However, if it’s a short-term position, it would be foolish to hire a pregnant woman.