Pregnancy discrimination remains widespread despite decades of legal protection. Understanding your rights under federal and state law helps you protect your career during pregnancy and after childbirth.
Laws Protecting Pregnant Workers
Multiple laws protect pregnant employees:
Pregnancy Discrimination Act (PDA): Amends Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
Americans with Disabilities Act (ADA): Covers pregnancy-related conditions that qualify as disabilities.
Family and Medical Leave Act (FMLA): Provides unpaid leave for pregnancy and bonding with newborns.
Pregnant Workers Fairness Act (PWFA): Requires reasonable accommodations for pregnancy-related limitations.
State laws: Many states provide additional protections.
What Is Pregnancy Discrimination?
Pregnancy discrimination includes: refusing to hire pregnant applicants, firing or demoting employees because of pregnancy, denying promotions or opportunities, treating pregnant employees worse than similarly-limited non-pregnant employees, harassing employees about pregnancy, and forcing pregnant employees to take leave when they can still work.
The Pregnant Workers Fairness Act
The PWFA (effective 2023) requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions—unless accommodation causes undue hardship. This filled a gap in prior law by explicitly requiring accommodation.
Common accommodations include: light duty or modified tasks, seating during standing jobs, schedule adjustments for medical appointments, more frequent breaks, and temporary transfer to less strenuous positions.
Equal Treatment Requirement
Under the PDA, pregnant employees must be treated the same as other employees similar in their ability or inability to work. If your employer provides light duty for employees injured on the job, they must provide it for pregnant employees too. If they allow schedule modifications for medical conditions, they must allow them for pregnancy.
Health Insurance and Benefits
Employers must cover pregnancy like any other medical condition. Health insurance must cover pregnancy-related expenses the same as other medical expenses. Employers cannot require additional deductibles or limits for pregnancy. Benefits must cover spouses' pregnancies if they cover other spousal conditions.
Pregnancy and Leave
FMLA provides up to 12 weeks of unpaid leave for pregnancy, childbirth, and bonding with a newborn. Employers must maintain health insurance during leave. You have the right to return to your same or equivalent position. Both parents can take FMLA leave.
Many states provide paid family leave—check your state's laws.
Breastfeeding and Pumping Rights
Federal law (PUMP Act) requires employers to provide: reasonable break time to express breast milk for one year after childbirth and a private space (not a bathroom) for pumping. This applies to all employees covered by the Fair Labor Standards Act.
Common Pregnancy Discrimination Scenarios
Watch for these discriminatory practices: being questioned about pregnancy plans during interviews, being passed over for promotion after announcing pregnancy, sudden performance criticism after revealing pregnancy, being pushed to take leave earlier than medically necessary, being assigned to less desirable positions, and being denied reasonable accommodations available to others.
Proving Pregnancy Discrimination
Evidence supporting pregnancy discrimination claims includes: timing of adverse actions relative to pregnancy announcement, comments about pregnancy affecting your work, different treatment compared to non-pregnant employees with similar limitations, evidence that stated reasons for adverse action are pretextual, and pattern of pregnancy-related terminations or demotions.
Retaliation Protection
Employers cannot retaliate for exercising pregnancy rights. Requesting accommodations, taking FMLA leave, or filing complaints about discrimination are protected activities. Retaliation creates separate legal claims.
Filing Claims
Pregnancy discrimination claims require EEOC filing within 180-300 days. PWFA claims follow similar procedures. Consult an attorney promptly to understand deadlines and options.
Getting Legal Help
Pregnancy discrimination cases benefit from experienced legal counsel. An attorney can help document your case, navigate multiple overlapping laws, and ensure you receive full protection. Many offer free consultations.