What Counts as Pregnancy Discrimination at Work?

Several federal laws protect pregnant workers, and many states add more. Together they cover discrimination, accommodations, breaks and leave.

Pregnancy Discrimination Act

The Pregnancy Discrimination Act amended Title VII in 1978 to make clear that discrimination "because of sex" includes pregnancy, childbirth and related medical conditions (42 U.S.C. 2000e(k)). Employers with 15 or more employees cannot:

• Fire, refuse to hire or demote because of pregnancy
• Force a pregnant employee to take leave if she can work
• Treat pregnant workers worse than others similar in their ability to work
• Harass employees because of pregnancy

Pregnant Workers Fairness Act (PWFA)

Since June 27, 2023, covered employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless doing so would cause undue hardship (42 U.S.C. 2000gg-1). Examples:

• Extra or longer breaks, water, and a place to sit
• Light duty or temporary changes to job duties
• Schedule changes or remote work
• Leave for prenatal appointments or recovery from childbirth

Employers cannot force you to take leave if another accommodation would work, and cannot retaliate for requesting one. The PWFA is enforced through the EEOC.

Breastfeeding at work

Under the PUMP Act, most employees covered by the FLSA are entitled to reasonable break time and a private space, other than a bathroom, to express breast milk for one year after the child's birth (DOL).

Leave

The FMLA can provide up to 12 weeks of job-protected leave for pregnancy, childbirth and bonding for eligible employees. Some states provide paid family leave.

Examples of potential violations

• Being fired soon after announcing a pregnancy
• Being denied a promotion because you "will be on leave"
• Being refused a stool or extra bathroom breaks
• Comments that a pregnant employee is less committed

What to do

1. Request accommodations in writing.
2. Keep records of conversations, emails and changes after announcing your pregnancy.
3. File with the EEOC within 180 or 300 days; see how to file a discrimination complaint.

An employment lawyer can review your situation, including state laws that may offer more protection.

Sources

1. EEOC: Pregnancy discrimination and pregnancy-related disability discrimination
2. Cornell Law School LII: 42 U.S.C. 2000gg-1, Nondiscrimination with regard to reasonable accommodations (Pregnant Workers Fairness Act)
3. Cornell Law School LII: 42 U.S.C. 2000e(k), Pregnancy Discrimination Act definition
4. U.S. Department of Labor: FLSA protections to pump at work