Pregnancy discrimination takes many forms, but one of the most direct is an employer compelling a pregnant employee to begin maternity leave before she is ready—and before any medical need exists. When an employer makes this decision unilaterally, based on assumptions about what a pregnant employee can or cannot handle, it constitutes unlawful pregnancy discrimination under both California and federal law.
The Legal Protections That Apply
California offers some of the strongest pregnancy discrimination protections in the country. Relevant laws include:
- The California Fair Employment and Housing Act (FEHA): Prohibits discrimination based on pregnancy, childbirth, and related medical conditions, and requires employers to provide reasonable accommodation for pregnancy-related limitations
- The Pregnancy Discrimination Act (PDA): Federal law prohibiting discrimination based on pregnancy in workplaces with 15 or more employees
- California Pregnancy Disability Leave (PDL) law: Provides up to four months of protected leave for employees disabled by pregnancy or childbirth—but this leave is the employee’s right to use, not a tool for employers to invoke at will
A key principle underlying all of these protections is that the decision about when to begin leave belongs to the employee and her healthcare provider—not the employer.
What Forced Early Leave Looks Like
Employers who force early maternity leave may frame their actions in ways that seem considerate or policy-driven. Common scenarios include:
- Telling a visibly pregnant employee her role is “too physically demanding” without any medical basis for the restriction
- Placing a pregnant employee on involuntary leave by claiming liability concerns
- Reassigning or sidelining a pregnant employee under the guise of “protecting” her health
- Requiring medical clearance to continue working when no such policy exists for similarly situated non-pregnant employees
- Telling a pregnant employee her position cannot be held open and pressuring her to begin leave immediately
Each of these actions, when taken without medical justification and without the employee’s consent, may constitute pregnancy discrimination.
Building Your Claim
Evidence useful in a forced early leave discrimination claim includes:
- Documentation of the employer’s directive to begin leave, including emails, HR communications, or written notices
- Your own medical records confirming fitness for continued work at the time you were forced out
- Employer policies on medical leave, light duty, and accommodation for other temporarily disabled employees
- Comparator evidence showing how employees with non-pregnancy-related temporary conditions were treated
- A timeline establishing when you were forced out and what your pregnancy status was at that time
Available Remedies
A successful pregnancy discrimination claim can result in back pay for wages lost during the forced leave period, compensatory damages for emotional distress, reinstatement or front pay, and punitive damages in cases of intentional or malicious conduct.
If your employer forced you to begin maternity leave before you were ready and without medical justification, PLBH can help you evaluate your legal options. Call (800) 435-7542 to speak with a California employment attorney today.