Pregnancy Discrimination at Work: Laws That Protect You
In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Pregnant workers have strong legal protections. Learn about the Pregnancy Discrimination Act, PWFA, and your rights to accommodations and leave.
Key takeaways
The Pregnancy Discrimination Act prohibits firing or demoting someone because of pregnancy
The Pregnant Workers Fairness Act requires employers to provide reasonable accommodations
You are entitled to the same treatment as other temporarily disabled employees
Pregnancy discrimination claims are filed through the EEOC
Federal Laws Protecting Pregnant Workers
The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known pregnancy-related limitations unless the employer can show undue hardship. The FMLA can also provide eligible employees with up to 12 weeks of job-protected leave for the birth or adoption of a child.
Common Forms of Pregnancy Discrimination
Termination or Demotion
Being fired, laid off, or demoted after announcing your pregnancy or requesting parental leave.
Failure to Accommodate
Refusing to provide reasonable accommodations such as modified work schedules, lighter duties, or additional breaks.
Hostile Comments or Pressure
Making negative comments about your pregnancy, questioning your commitment, or pressuring you to resign.
Denial of Equal Treatment
Treating pregnant employees less favorably than other employees with temporary medical conditions.
What to Do If You Experience Pregnancy Discrimination
Document every incident, save all communications, and file a formal complaint with HR. If unresolved, file a charge with the EEOC. An employment lawyer can help you evaluate possible remedies such as back pay, lost benefits, accommodations, or other damages that depend on the facts and law.
Official Resources
The EEOC explains federal protections for pregnancy discrimination, including the PDA and related accommodation issues. EEOC guidance on the Pregnant Workers Fairness Act and its PWFA final rule summary describes how reasonable accommodation requests are analyzed. The Department of Labor also explains FMLA leave protections for eligible workers. Your rights may depend on employer size, location, timing, medical needs, and the specific workplace facts.
Frequently Asked Questions
Can my employer fire me for being pregnant?
No. Firing an employee because of pregnancy is illegal under the PDA.
What accommodations must my employer provide during pregnancy?
Under the PWFA, employers must provide reasonable accommodations such as additional breaks, a seat to work, schedule modifications, and light duty.
Can I be passed over for a promotion because I am pregnant?
No. It is illegal to deny a promotion based on pregnancy.
Primary Sources
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