Pregnancy Discrimination Lawyer in San Jose
California pregnancy discrimination representation for San Jose workers, pregnancy disability leave, lactation accommodation, retaliation. Free, confidential consultation.
You told your manager you're pregnant. The next week you're off the schedule, or your hours change, or your "performance issues" suddenly appear. Or maybe you came back from leave to a different role.
That's not bad luck. It's a pattern, and California law gives you several overlapping ways to push back.
Visit our San Jose office at 181 Devine St Suite 4, San Jose, CA 95110 or call (408) 834-4320 for a free, confidential consultation.
What Is Pregnancy Discrimination in San Jose
San Jose workers have a strong stack of pregnancy protections. California Pregnancy Disability Leave (PDL) under Cal. Government Code section 12945 provides up to 4 months of job-protected leave for pregnancy, childbirth, or a related medical condition - applies to employers with 5 or more employees. California Family Rights Act (CFRA) bonding leave under Cal. Government Code section 12945.2 adds up to 12 weeks of job-protected bonding leave (also at 5+ employees). Federal FMLA (29 U.S.C. section 2612) adds another 12 workweeks but only at employers with 50+ employees within 75 miles. FEHA (Cal. Government Code section 12940) also requires reasonable accommodation for pregnancy-related conditions.
San Jose Industries Where Pregnancy Claims Are Most Common
- Silicon Valley public-company tech workers - at the major Silicon Valley public technology companies headquartered in San Jose: Cisco Systems (NASDAQ: CSCO - 170 West Tasman Drive, leading global networking equipment company), Adobe (NASDAQ: ADBE - 345 Park Avenue, leading software company), eBay (NASDAQ: EBAY - 2025 Hamilton Avenue), PayPal (NASDAQ: PYPL), Western Digital (NASDAQ: WDC - 5601 Great Oaks Parkway, leading data-storage technology company with 10,001+ employees), HP Inc. (NYSE: HPQ), Verifone, Calyx Software, and Sage Intacct. Tech workers are covered by all standard California FEHA, Labor Code, and federal Title VII / ADA / ADEA / FMLA protections. Public-company employees are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) for accounting/securities fraud whistleblower claims and Dodd-Frank section 922 (15 U.S.C. section 78u-6) for securities-law whistleblower claims. Stay-or-pay agreements (training repayment, sign-on bonus clawback, relocation-cost clawback) are void for work performed in San Jose after January 1, 2026 under AB 692 (California Labor Code section 926). Non-competes are void under California Business and Professions Code section 16600 (with AB 1076 and SB 699 making this rule extraterritorial as of January 1, 2024).
- Healthcare workers - at the Santa Clara Valley Medical Center / SCVMC (751 South Bascom Avenue, San Jose, CA 95128, (408) 885-5000 - 731-bed (574 acute) county-owned public tertiary teaching hospital affiliated with the Stanford University Medical School; the principal safety-net hospital in Santa Clara County), Kaiser Permanente San Jose Medical Center, Good Samaritan Hospital, Regional Medical Center of San Jose, and O'Connor Hospital. Covered by SB 525 healthcare worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16), California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and California Nurses Association (CNA) / SEIU-UHW collective bargaining agreements (which do not waive statutory FEHA or California Labor Code rights). SCVMC employees, as county employees, are subject to the 6-month Government Claims Act deadline.
- Higher education and K-12 workers - at San Jose State University / SJSU (1 Washington Square, San Jose, CA 95192 - founding campus of the California State University system; state-of-California employees subject to civil-service rules and CFA collective bargaining), the San Jose-Evergreen Community College District (San Jose City College and Evergreen Valley College), and multiple K-12 districts including the San Jose Unified School District, East Side Union High School District (830 North Capitol Avenue, (408) 347-5000 - one of the largest high school districts in Northern California), Berryessa Union School District, Alum Rock Union School District, and Oak Grove School District. Protected by Skelly v. State Personnel Board (1975) 15 Cal.3d 194 due-process rights, California Whistleblower Protection Act (Cal. Gov. Code section 8547), and the 6-month Government Claims Act deadline (Cal. Gov. Code section 911.2).
- Public-sector and government workers - at the City of San Jose (200 East Santa Clara Street), the County of Santa Clara (San Jose is the county seat), the San Jose Police Department (SJPD), the Santa Clara County Sheriff's Office, the Mineta San Jose International Airport (SJC - owned and operated by the City of San Jose), and the Valley Transportation Authority (VTA). Peace officers are covered by the Public Safety Officers Procedural Bill of Rights (POBR, Cal. Gov. Code section 3300 et seq.). Subject to the 6-month Government Claims Act deadline.
- Retail and consumer-services workers - at Westfield Valley Fair (a super-regional shopping center on the San Jose/Santa Clara border, 1,800,000+ sq ft), Santana Row (Federal Realty's mixed-use district), Westgate Mall, The Plant San Jose, and chain retailers throughout the city. San Jose workers covered by the San Jose Minimum Wage Ordinance earn $18.45/hour effective January 1, 2026 (was $17.95/hour for 2025). The San Jose Opportunity to Work Ordinance (effective March 13, 2017) requires employers with 36 or more employees to offer additional work hours to existing qualified part-time workers before hiring new employees - stronger than California state law. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
- Hospitality and convention workers - at hotels around the San Jose Convention Center (150 West San Carlos Street) including the San Jose Marriott, Hilton San Jose, Westin San Jose, and dozens of smaller hotels and motels. Hospitality workers are covered by the San Jose Minimum Wage Ordinance and the Opportunity to Work Ordinance. Sexual harassment by hotel guests is covered by FEHA Cal. Gov. Code section 12940(j) (third-party harassment). Tipped restaurant and bar workers earn full San Jose minimum wage of $18.45/hour plus tips (Cal. Labor Code section 351 prohibits tip pooling abuses).
- Manufacturing and biotech workers - at Jabil Circuit, numerous semiconductor and electronics manufacturers throughout San Jose, and biotech operations. Manufacturing workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8) and California Labor Code section 6310 (retaliation for safety reporting). Federal contractor workers have additional NDAA section 4712 whistleblower protection (41 U.S.C. section 4712). Public-company manufacturing employees also have Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank (15 U.S.C. section 78u-6) protection.
San Jose Local Protections
San Jose has its own local worker-protection ordinances. The San Jose minimum wage is $18.45/hour effective January 1, 2026 (was $17.95/hour for 2025) under the San Jose Minimum Wage Ordinance - higher than the California state floor of $16.90/hour. The San Jose Opportunity to Work Ordinance (effective March 13, 2017) requires employers with 36 or more employees to offer additional work hours to existing qualified part-time workers before hiring new employees - stronger than California state law. San Jose workers also rely on California state law including SB 525 (healthcare-worker tiered schedule - directly relevant to SCVMC, Kaiser San Jose, Good Samaritan, Regional Medical Center, and O'Connor Hospital workers) and AB 1228 ($20/hour fast-food).
California Labor Code sections 1030-1034 and the federal PUMP Act (29 U.S.C. section 218d) require reasonable break time and a private, non-bathroom lactation space.
California Law
For the full California framework, PDL, CFRA, federal FMLA, lactation accommodation, and reasonable accommodation for pregnancy-related disability, see our California employment law page.
What Compensation Can You Recover
Back pay, front pay, reinstatement, emotional-distress damages, punitive damages, and attorneys' fees and costs (Cal. Government Code section 12965(c)). California does not cap FEHA damages. For details, see our California employment law page.
How to File a Pregnancy Discrimination Claim in San Jose
State FEHA charges go to the California Civil Rights Department (CRD), Oakland Office, 1515 Clay Street, Suite 701, Oakland, CA 94612. Federal charges go to the EEOC San Jose Local Office (Santa Clara County jurisdiction), 96 N. Third Street, Suite 250, San Jose, CA 95112. Civil suits are heard at the Santa Clara County Superior Court, Hall of Justice, 190-200 West Hedding Street, San Jose, CA 95110. Call us at (408) 834-4320 before any deadline.
Frequently Asked Questions
That's likely an FEHA violation. The PDL statute (Government Code section 12945) and FEHA's reasonable accommodation duty require an interactive process. The company has to engage in good faith - examining the limitation, the available roles, and possible adjustments. A flat "no" without that conversation is itself unlawful. Document every request, every response, and every delay.
Not automatic, but very strong. Under SB 497, adverse action within 90 days of a protected disclosure creates a rebuttable presumption that the action was retaliation. The employer has to prove a legitimate reason that has nothing to do with the pregnancy.
No. The federal PUMP Act (29 U.S.C. section 218d) and California Labor Code sections 1030-1034 both require a private space that is not a bathroom, shielded from view, free from intrusion, and reasonably close to the work area. The employer also has to provide reasonable break time. Refusing or providing only a bathroom is a violation.
Generally no. Government Code section 12945 protects the worker's job during PDL. Returning a worker to a "comparable position" only works in narrow circumstances and the employer has the burden of proving the original position genuinely couldn't be held open. If they can't carry that burden, the failure to reinstate is itself an FEHA violation. CFRA (Government Code section 12945.2) layers another 12 weeks of bonding leave that's also job-protected.
Were You Discriminated Against Because of Pregnancy?
Speak with a California pregnancy discrimination lawyer today. Free confidential consultation. No fee unless you win. Call 1-800-371-3088.
Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.