Pregnancy, age and race discrimination at work in California

Losing a job is stressful, and it can be hard to know what the law says about why it happened. This article explains, in general terms, how California and federal law treat firing or other job decisions based on pregnancy, age or race. It is general information, not advice about your situation.

The short answer

Most jobs in California are "at will." That generally means either side can end the job without a set reason. But at will has limits. An employer generally may not fire someone for a reason that civil rights laws forbid.

California's Fair Employment and Housing Act (FEHA) generally bars discrimination by employers with 5 or more employees. The traits it protects include race and color, ancestry and national origin, age (40 and over), and sex and gender, including pregnancy, childbirth, breastfeeding or related medical conditions (CRD: Employment). California law also bars employers from retaliating against people for asserting these rights.

Which laws cover which employers

State law reaches smaller workplaces than federal law. How many people an employer has can decide which rules apply.

Title VII, the main federal civil rights law, covers employers with 15 or more employees in each of 20 or more calendar weeks in the current or past year (EEOC: Title VII). Federal pregnancy rules also start at 15 employees and cover firing and layoffs (EEOC: Pregnancy discrimination). The federal age law, the ADEA, protects workers 40 and older at employers with 20 or more employees (EEOC: Age discrimination).

California's harassment rules are broader still. They apply to all workplaces, even ones with only one employee or contractor. Employees, applicants, unpaid interns, volunteers and contractors may file a harassment complaint with the Civil Rights Department (CRD) (CRD: Employment).

Pregnancy at work

Under California law, pregnancy, childbirth, breastfeeding and related conditions are part of sex, which is a protected trait. So an employer with 5 or more employees generally may not fire, lay off or demote someone for those reasons (CRD: Employment).

California also has Pregnancy Disability Leave (PDL). It applies at employers with 5 or more employees, and there is no length-of-service requirement. PDL can last up to 4 months, depending on hours worked per week and how long the disability lasts. If the employer normally pays for group health benefits, it generally must keep paying during PDL (CRD: PDL and bonding guide).

Federal law adds the Pregnant Workers Fairness Act (PWFA). It applies to employers with 15 or more employees. It covers known limits related to pregnancy, childbirth or related conditions. An employer generally may not make a worker take leave if another reasonable accommodation would work (EEOC: PWFA).

Our pregnancy discrimination guide goes into more detail.

Age 40 and over

California protects workers age 40 and over at employers with 5 or more employees (CRD: Employment). Federal law protects the same age group at employers with 20 or more employees (EEOC: Age discrimination). In general, a covered employer may not fire someone because of their age. Our age discrimination guide explains more.

Race, color and national origin

Both California and federal law protect race, color, ancestry and national origin. Under California law this applies at employers with 5 or more employees (CRD: Employment). Under Title VII it applies at employers with 15 or more employees (EEOC: Title VII). Our race and national origin discrimination guide covers this topic in more depth.

Where complaints generally go

There are two main agencies. Each has its own deadline.

California Civil Rights Department (CRD). A complaint starts with an intake form. It is generally due within three years of the date you were last harmed. To file a lawsuit in an employment case, a person generally must first get a Right-to-Sue notice from CRD (CRD: Complaint process). After a CRD Right-to-Sue notice, a lawsuit generally must be filed within one year (CRD: Right to sue). You can file online through the California Civil Rights System or call the CRD Contact Center at 800-884-1684 (CRD: Employment).

U.S. Equal Employment Opportunity Commission (EEOC). In California, a charge is generally due within 300 calendar days of the discrimination. That includes age claims, because California has its own law against age discrimination. Using an internal or union grievance, arbitration or mediation generally does not pause this deadline (EEOC: Time limits). The EEOC Los Angeles District Office is in the Roybal Federal Building, 255 East Temple St., 4th Floor, Los Angeles, CA 90012 (EEOC: Los Angeles office).

Not sure which agency fits? The where to file tool can help you sort it out.