Can I Be Fired for Having an Abortion?

In California, employees who make decisions regarding their reproductive health, including having an abortion, are protected by law from workplace discrimination and retaliation. If you have recently sought reproductive healthcare and are concerned about being fired or harassed by your employer, understanding your legal rights is essential. No one should suffer job-related consequences for making personal healthcare decisions.

This article outlines the employment laws that safeguard your rights in California and at the federal level, how to identify retaliatory behavior, what steps to take if your employer acts unlawfully, and how Miracle Mile Law Group can support you in filing a legal claim.

California Law Protecting Reproductive Rights

In California, the Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees based on sex, which includes pregnancy, childbirth, breastfeeding, or related medical conditions. This protection explicitly includes the right to have an abortion.

In 2023, California passed additional protections under the Contraceptive Equity Act of 2022 (SB 523), which expanded anti-discrimination provisions to include an employee’s reproductive health decisions. This means employers may not retaliate against workers for making medical choices regarding contraception, fertility treatments, or abortion.

If your employer fires, demotes, harasses you, reduces your hours, or otherwise retaliates against you after you disclose or they learn that you had an abortion, they may be in violation of California law.

Federal Protections Against Pregnancy Discrimination

On the federal level, Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Courts have interpreted this protection to include decisions about abortion.

Under federal law, employers with 15 or more employees cannot discriminate against or terminate an employee for having an abortion or considering one. The Equal Employment Opportunity Commission (EEOC) has also issued guidance confirming that firing or punishing someone for having an abortion is a violation of Title VII.

Signs of Retaliation in the Workplace

If you recently disclosed your decision to have an abortion or accessed reproductive healthcare, and experienced negative changes at work shortly after, those changes may be considered retaliation. Be alert for patterns and document them carefully. Examples of discriminatory or retaliatory conduct include:

• Termination or being laid off soon after telling your employer about your abortion
• Reduction in your hours or demotion without a valid business reason
• Hostile comments or judgmental remarks about your reproductive choices
• Exclusion from meetings or projects you were previously involved in
• Unfair performance evaluations following disclosure
• Sudden enforcement of minor rules (disciplinary action unrelated to your job performance)
• Denial of benefits such as paid leave or healthcare coverage

California law offers strong protections, but retaliation can be subtle. A pattern of negative treatment tied to your healthcare decision is still actionable.

Steps to Take If You’re Fired or Harassed

If you believe your employer fired or harassed you because of your choice to have an abortion, taking the following steps can help protect your rights and your legal options:

• Document everything: Keep all written communication, including emails and text messages, and maintain a detailed record of events, dates, and witnesses.
• Request a reason in writing: If you are terminated, ask your employer to provide the reason for your termination in writing.
• File a complaint: You can file a discrimination complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
• Consult with an employment attorney: A qualified attorney can evaluate the details of your case and explain the legal remedies available to you.

Miracle Mile Law Group offers experienced representation to employees facing retaliation related to pregnancy or abortion decisions. Visit our Pregnancy Discrimination page for more information.

How an Attorney Can Help You File a Claim

An employment attorney can provide crucial support if you are facing retaliation or have been fired due to reproductive healthcare decisions. Legal advocates can help by:

• Evaluating your situation to determine if your employer violated California or federal law
• Helping you file a complaint with the appropriate state or federal agency
• Engaging in settlement negotiations to recover lost wages or emotional distress damages
• Filing a civil lawsuit if necessary to seek compensation and hold the employer accountable

At Miracle Mile Law Group, our attorneys are dedicated to protecting the civil rights of workers across California. We represent employees in wrongful termination, discrimination, and retaliation cases. If your employer punished you for having an abortion, you may be entitled to back pay, reinstatement, compensatory damages, and legal fees.

Your reproductive choices should never put your job at risk. If you believe your rights have been violated, contact Miracle Mile Law Group for a confidential consultation with a California employment law attorney.