Pregnancy Discrimination: Your Rights Under the Law

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Pregnancy discrimination remains a significant issue in the workplace, affecting countless women during a crucial time in their lives. Understanding your rights under federal law is essential for protecting yourself from unfair treatment. If you believe you’ve faced discrimination, seeking advice from an attorney near you can help you navigate your legal options.

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This blog post explores your rights under the law regarding pregnancy discrimination, detailing federal protections such as the Pregnancy Discrimination Act, ADA, and FMLA. If you are facing unfair treatment at work due to pregnancy, it's crucial to understand your legal options and seek advice from an attorney near you.

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Understanding the EEOC: How Federal Laws Protect You

Pregnancy Discrimination: Your Rights Under the Law

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Mar 29, 2025 04:27 PM

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Pregnancy Discrimination: Your Rights Under the Law

Pregnancy is supposed to be a time of joy and anticipation—not anxiety about job security or workplace fairness. Yet far too many workers still face pregnancy discrimination on the job. Whether it's being passed over for promotions, denied accommodations, or fired after disclosing a pregnancy, this form of discrimination is illegal under federal law—and in many states, it’s specifically protected by additional statutes.

This guide will break down your legal rights if you're pregnant or planning to become pregnant, what counts as pregnancy discrimination, and how to protect yourself in the workplace.

💡 For every post in this series, scroll down to “Related Posts.”

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats a worker unfavorably because of pregnancy, childbirth, or a related medical condition. This includes hiring decisions, firing, promotion denials, demotions, denied accommodations, and retaliation for requesting leave or workplace adjustments.

Pregnancy discrimination can be subtle or blatant—but either way, it’s illegal.

Which Federal Laws Protect Pregnant Workers?

There are several federal laws designed to protect pregnant employees:

1. Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII of the Civil Rights Act to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions.

What the PDA requires:

Employers must treat pregnancy-related conditions the same as other temporary disabilities.

If your employer offers accommodations for other medical conditions (e.g., a broken leg or surgery recovery), they must offer the same for pregnancy.

2. Americans with Disabilities Act (ADA)

While pregnancy itself is not considered a disability under the ADA, some pregnancy-related conditions (like gestational diabetes, preeclampsia, or postpartum depression) may be.

Under the ADA:

Employers must provide reasonable accommodations for qualifying conditions unless it would pose an undue hardship.

3. Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and bonding with a newborn.

To qualify for FMLA:

You must work for an employer with 50 or more employees.

You must have worked at least 12 months and 1,250 hours in the past year.

4. The PUMP Act and Pregnant Workers Fairness Act (PWFA)

The PUMP Act requires employers to provide reasonable break time and a private space (not a bathroom) for breastfeeding employees to express milk.

The Pregnant Workers Fairness Act (PWFA) (effective June 2023) requires employers to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related conditions—even if those conditions don’t qualify as a disability under the ADA.

Examples of Pregnancy Discrimination

Being fired or laid off after telling your boss you’re pregnant.

Being told you're "not a good fit" for a promotion due to your expected maternity leave.

Your manager reducing your hours because they think you’ll be less productive.

Being denied light-duty assignments even though they’re given to injured coworkers.

Your employer ignores your doctor’s request for schedule adjustments or lifting restrictions.

Facing retaliation after requesting accommodations or medical leave.

Do Employers Have to Accommodate Pregnancy?

Yes—under both the PDA, ADA, and PWFA, employers must provide reasonable accommodations. These could include:

More frequent breaks

Seating for long shifts

Modified work duties or reduced lifting

Temporary schedule changes

Remote work options

Lactation breaks and private nursing rooms

Employers can only deny accommodations if it would cause “undue hardship,” meaning significant difficulty or expense.

Can You Be Fired or Demoted While Pregnant?

No. Being pregnant is not a legal reason for termination or demotion.

If you’re fired shortly after disclosing a pregnancy, that timing alone may indicate illegal discrimination—even if your employer cites another reason.

Are You Protected During and After Maternity Leave?

Yes. During FMLA leave, your employer must hold your position or a similar job open until you return. If you’re covered by the PWFA, your employer cannot treat you unfairly just because you need time off to recover from childbirth or attend follow-up appointments.

And after you return, lactation accommodations must be provided under the PUMP Act.

How to Document Pregnancy Discrimination

If you suspect you’re facing discrimination, start documenting everything immediately:

Emails, text messages, and voicemails from your employer

Doctor’s notes or accommodation requests

Write down incidents and dates where you were treated unfairly

Keep copies of your job description, pay stubs, and performance reviews

How to File a Pregnancy Discrimination Complaint

You have options if your employer violates your rights:

File a charge with the Equal Employment Opportunity Commission (EEOC).

File a complaint with your state labor agency if local laws apply.

Speak to an employment lawyer near you to file a lawsuit and recover damages, lost wages, or reinstatement.

If your rights were violated, don’t wait—many claims have strict deadlines (180–300 days from the date of the violation).

To learn more about how the EEOC protects workers from pregnancy bias, read Understanding the EEOC: How Federal Laws Protect You.

Final Thoughts: Protect Your Rights at Work

Pregnancy discrimination is illegal—and you don’t have to face it alone. Whether you're applying for a job, requesting accommodations, or returning from leave, you are protected under federal law.

If your employer refuses to accommodate you, retaliates, or fires you for being pregnant, you may have a strong legal case.

At ReferU.AI, we connect pregnant workers with top-rated employment lawyers near you who specialize in workplace discrimination and maternity rights.

Don’t let an employer take away your job or dignity—get legal advice today.

Pregnancy Discrimination: Your Rights Under the Law