Pregnancy discrimination remains one of the most persistent challenges in employment law. Despite decades of legal protections, thousands of employees still face adverse actions after announcing a pregnancy or requesting accommodations. Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or related medical conditions.
This includes:
· Hiring and firing decisions based on pregnancy status;
· Denial of promotions or training opportunities due to anticipated maternity leave;
· Refusal to provide reasonable accommodations for pregnancy-related limitations;
· Harassment or hostile work environment targeting pregnant employees.
Under federal law, pregnancy discrimination is considered a form of sex discrimination. The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act to explicitly prohibit discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as other employees similar in their ability or inability to work.
Key Federal Laws Protecting Pregnant Workers
Pregnancy Discrimination Act (PDA)
The PDA ensures that pregnancy-related conditions are treated like any other temporary disability. Employers cannot refuse to hire, terminate, or demote an employee because of pregnancy. They must also provide equal benefits and accommodations as they would for other temporarily disabled employees.
Americans with Disabilities Act (ADA)
While pregnancy itself is not classified as a disability under the ADA, many pregnancy-related conditions, such as gestational diabetes, preeclampsia, or severe morning sickness, qualify as disabilities. Employers must provide reasonable accommodations for these conditions unless doing so would cause undue hardship. This means: employees may request accommodations like ergonomic seating, modified duties, or telework, employers must engage in an interactive process to identify suitable accommodations, and medical documentation should be kept confidential and stored separately from personnel files.
Pregnant Workers Fairness Act (PWFA)
Effective June 27, 2023, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. Examples include: flexible scheduling for prenatal appointments, temporary reassignment to light-duty tasks, additional breaks for hydration or rest, and/or remote work options when medically necessary.
Importantly, employers cannot force employees to take leave if another reasonable accommodation would allow them to continue working.
Why This Matters
Pregnancy discrimination not only violates the law, it undermines workplace equity and economic security for families. If you are facing discrimination there are a couple steps to follow to ensure your rights are protected. First, document everything. It is important to keep records of conversations, emails, and policy changes, but also make sure you are following any company policy on confidential information. Second, make sure you request accommodations in writing. While it isn’t a strict requirement, it helps to clearly state your limitations and proposed accommodations. Further allowing you to circle back and keep track of your employer’s responses or lack thereof. Third, if your employer is interfering with your rights for accommodations or discriminating against you based on your pregnancy status, schedule a consultation with an attorney. Our office has decades of experience representing employees experiencing discrimination and fight for resolution.