Pregnancy Discrimination

Illegal treatment of employees based on pregnancy, childbirth, or related conditions — prohibited under federal law and most state laws.

Pregnancy discrimination is adverse employment action — being fired, demoted, passed over for promotion, denied assignments, or forced to take leave — based on pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII to explicitly prohibit this treatment for employers with 15 or more employees. The Pregnant Workers Fairness Act (PWFA), which took effect in June 2023, went further: it requires employers with 15 or more employees to provide reasonable accommodations to workers with limitations related to pregnancy, childbirth, or related conditions.

The PWFA is a significant expansion of rights. Before it passed, pregnant workers could request accommodations under the ADA if their pregnancy caused a disability, or under the PDA if a non-pregnant employee would receive similar accommodation — but there was no standalone obligation to accommodate pregnancy itself. The PWFA creates that obligation directly. Common accommodations include: more frequent bathroom breaks, permission to carry water, temporary reassignment from physically demanding tasks, modified schedules, and remote work options. Employers must provide these unless they can demonstrate undue hardship.

Pregnancy discrimination often goes unrecognized or unreported because it's frequently subtle — a suddenly frozen promotion track, fewer opportunities, a performance review that shifts negative right after disclosure of a pregnancy, or a forced leave that wasn't medically necessary. Documentation is critical. If you suspect you're experiencing discrimination, keep a detailed record of incidents with dates and witnesses, and file a charge with the EEOC within 180 days of the discriminatory act (300 days in states with their own anti-discrimination agencies).