Pregnancy Discrimination Laws in the Workplace

Pregnancy discrimination occurs when a company treats an employee differently based on their pregnancy, childbirth, or related medical condition. This discrimination can take many forms, such as in hiring and firing practices.

State and federal laws protect pregnant workers. These laws also apply to job candidates. You may want to speak with an attorney if you believe you or a co-worker have encountered employment discrimination.

Are Pregnant Employees a Protected Class?

Yes, pregnancy is a protected status in U.S. employment law. Anti-discrimination laws prohibit unfairness based on many factors, such as gender, age, and religion. They also include the basis of pregnancy. Pregnancy discrimination often overlaps with disability, sexual orientation, marital status, and sex discrimination.

An employer cannot make hiring, firing, promotion, or demotion decisions based on whether an employee is pregnant. Yet, proving that a worker's pregnancy motivated an employer's decision can be difficult. Employers have broad discretion in at-will employment matters.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) is part of Title VII of the Civil Rights Act of 1964. This law prevents employers from discriminating against pregnant employees. It applies to all employers and agencies with fifteen or more employees.

There are also state laws prohibiting discrimination against pregnant workers. Many court cases have also shaped workers’ protections.

The U.S. Equal Employment Opportunity Commission (EEOC) oversees the enforcement of many of these laws. The U.S. Department of Labor (DOL) also enforces related laws, such as family leave.

Employers’ Duties Toward Pregnant Workers

Federal and state laws offer special protections for pregnant workers and people considering starting a family. The employer’s policies and practices need to account for these laws.

It is illegal to treat workers unfairly because of the following:

• The employee or job applicant’s pregnancy
• A pregnancy-related condition
• The pregnancy-related prejudices of co-workers, clients, or customers
• A perceived pregnancy, even if the employee is not actually pregnant
• Having, considering, or deciding against an abortion
• Having a miscarriage or stillbirth

Employers must also provide the same pregnancy-related benefits to single employees as they do for married employees.

Banned Discriminatory Employment Decisions

Employers cannot:

• Fire an employee based on their actual or perceived pregnancy
• Refuse to promote a pregnant employee
• Require employees to give notice of pregnancy unless there is a legitimate business purpose
• Prevent pregnant employees from working if they want to and are physically capable of all necessary tasks
• Demand medical notes from a pregnant employee's doctor unless they make similar requests from the doctors of employees who have short-term disabilities
• Intimidate or harass a worker due to pregnancy, which may pressure them to quit a hostile working environment
• Deny the same fringe benefits, such as flexible work schedules or retirement plans, to pregnant workers

There are many other restrictions to safeguard equal treatment of pregnant employees. Ultimately, most types of employment actions based solely on pregnancy can be discriminatory.

Finding a Job While Pregnant

You have rights even before a company or organization hires you. Discrimination in hiring is illegal.

Some examples of an employer’s pregnancy discrimination against job applicants include:

• Asking job applicants if they are pregnant or intend to get pregnant
• Asking illegal interview questions of pregnant applicants that they would not ask applicants who are not pregnant
• Offering different terms and conditions of employment, such as lower pay, to pregnant applicants

Employers cannot single out pregnancy-related conditions to determine someone's ability to work.

Health Care and Insurance Benefits

Anti-discrimination laws also apply to your health insurance through your employer. Employers must provide health insurance coverage on the same basis as other medical conditions.

Employers must provide the same level of health benefits for spouses of employees regardless of gender. Pregnancy-related benefits also cannot be limited to married employees.

Employers must reimburse pregnancy-related expenses the same as costs of other medical conditions. Employer insurance plans can’t charge a higher deductible to pregnant policyholders.

Depending on the employer, coverage might not include expenses for an abortion. There is an exception if the mother's life is in danger or complications arise from an abortion.

Is Pregnancy Treated Like a Disability?

Yes, an employee’s pregnancy can sometimes invoke similar legal protections as a disability when appropriate. Pregnancy and related impairments can affect major life activities much like a temporary disability.

The PDA states that companies must treat pregnant workers who are temporarily unable to perform their job duties the same way they treat other temporarily disabled workers.

The Pregnant Workers Fairness Act of 2023 (PWFA) describes employers’ duties. For example, the employer may have to provide modified tasks, workplace accommodations, disability pay, or unpaid leave. 

Reasonable Accommodations for Pregnant Employees

A pregnancy-related disability can make working as usual difficult. You may wonder what kind of reasonable accommodations your employer can provide while you're pregnant.

It depends on the type of work you do. For example, if your job involves heavy lifting, your employer may have to delegate this part to someone else.

Another example of a reasonable accommodation would be providing chairs to pregnant employees so they don't have to stand throughout their shifts. This may apply to cashiers, grocery clerks, and other retail occupations.

Discrimination During Maternity Leave

Pregnant workers receive the right to a leave of absence from work under the Family and Medical Leave Act (FMLA). Many people include the timing of this leave in their pregnancy plans.

Employees must follow a process to take this leave. In turn, employers must respect employees’ federal FMLA rights. Yet, maternity and parental leaves are often a subject of discrimination.

Employers must also hold open a job for a pregnancy-related absence the same length of time positions are held open for employees on sick or disability leave.

Employers must grant pregnant employees who are on leave the ability to accrue seniority, vacation, pay increase, and temporary disability benefits. They must provide them in the same way as they do for employees who are on leave for reasons unrelated to pregnancy.

Employers may not prohibit the return to work within a prescribed period after childbirth. They must have the same time-off policies as they would for employees on disability or sick leave. You may take FMLA leave for up to 12 weeks after the birth of a child.

Discrimination Against Nursing Mothers

Following the pregnancy, new parents have legal rights when they return to work. For example, lactation is a protected medical condition. Workers have rights and accommodations for breastfeeding, such as break time to express breast milk in a private room. Some state laws expand breastfeeding rights for new parents.

Anti-Discrimination Laws Protecting Pregnant Employees

If you think your employer has violated your rights, it's a good idea to review the federal laws protecting pregnant women and other employees. Below are the important rules that protect you and offer you solutions.

Feel free to read additional information on these acts at Findlaw.com. Depending on the facts of your case, you may be entitled to compensation and other damages.

• Pregnancy Discrimination Act of 1978: This was an amendment to Title VII of the Civil Rights Act of 1964 to prohibit sexual discrimination based on pregnancy, childbirth, and other related medical conditions.

• Americans with Disabilities Act: The ADA does not protect women experiencing a normal pregnancy. However, if you're having a difficult pregnancy, your doctor may indicate that you qualify for disability. With that doctor's statement, your employer must treat you the same way they'd treat another disabled worker.

• Pregnant Workers Fairness Act of 2023: The PWFA requires employers to provide reasonable accommodations to pregnant women. The law does not require companies to do this if it will cause an undue hardship on the business.

• The Family and Medical Leave Act: The FMLA allows up to 12 weeks of unpaid leave for pregnancy and adoption. An employer may provide extra time off or offer paid leave.

If you aren't sure which law protects you, contact an employment attorney. They can review your situation and explain your options under the law.

Can I Be Fired for Getting Pregnant?

No, firing a worker because of their pregnancy is illegal and wrongful termination. Yet in reality, the law doesn’t always prevent illegal firings.

An employer may decide to lay off or fire a worker despite the law. Or, the employer might worsen the employee’s working conditions until they voluntarily quit, which is constructive dismissal.

Some job losses while pregnant are not discriminatory. Your employer can still terminate your job for reasons unrelated to pregnancy. For example, you may be part of a broad round of layoffs, but the layoff’s selection criteria can’t unfairly impact pregnant employees more than others.

Check your options if you lost your job after announcing or showing signs of your pregnancy. You can report discrimination and potentially sue a former employer.

An Employment Lawyer Can Help

If you have experienced pregnancy discrimination, you may have grounds for legal action. Contact an experienced legal professional who can evaluate your case and help you navigate the situation.

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our employment attorney directory to find a lawyer near you who can help.