PREGNANCY DISCRIMINATION

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of illegal sex discrimination. Under the PDA, employers with 15 or more employees cannot refuse to hire a woman because she is pregnant, fire or demote a woman because she is pregnant, force a pregnant employee to take leave if she is still able to work, deny a pregnant employee the same benefits available to other employees with similar abilities or limitations, or treat a pregnant employee differently from other employees who are similar in their ability or inability to work.

The Pregnant Workers Fairness Act, which took effect in 2023, significantly expanded protections for pregnant employees. The PWFA requires covered employers (those with 15 or more employees) to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions — unless the accommodation would impose an undue hardship on the employer. This was a major advance because, prior to the PWFA, pregnant employees often fell into a gap between the PDA and the Americans with Disabilities Act, where they needed accommodations but did not qualify for them under existing law.

Reasonable accommodations under the PWFA may include more frequent or longer breaks, permission to sit or stand as needed, modified schedules for prenatal appointments, temporary reassignment to less strenuous duties, light duty assignments, temporary suspension of certain job requirements, time off for recovery from childbirth, and telework when feasible. The employer must engage in an interactive process with the employee to identify effective accommodations and cannot require the employee to take paid or unpaid leave if another reasonable accommodation is available.

The most straightforward form of pregnancy discrimination occurs when an employer takes a negative employment action because of the employee's pregnancy. This includes termination, demotion, reduction in pay or hours, denial of promotion, unfavorable transfer, exclusion from training or advancement opportunities, and negative performance evaluations that do not reflect actual performance. Employers rarely admit that pregnancy motivated the decision — instead, they offer pretextual reasons that an attorney can help you challenge.

Under the PWFA, refusing to provide reasonable accommodations for pregnancy-related limitations is illegal. Common accommodation failures include refusing to allow more frequent bathroom breaks, denying requests for temporary light duty even though light duty is available for other conditions such as workplace injuries, requiring pregnant employees to maintain physically demanding duties despite medical restrictions, and refusing to modify schedules for prenatal appointments.

Some employers force pregnant employees to begin leave earlier than medically necessary, often citing safety concerns or company policy. Under the PWFA, an employer cannot require a pregnant employee to take leave — paid or unpaid — if another reasonable accommodation would allow her to continue working. The decision about when to begin leave should be the employee's, in consultation with her health care provider, not the employer's.

Employers cannot refuse to hire a qualified applicant because she is pregnant or might become pregnant. Questions about pregnancy status, family planning, or childcare arrangements during the hiring process are red flags for discrimination, and basing a hiring decision on these factors is illegal.

Persistent comments, jokes, or negative remarks about an employee's pregnancy, body changes, anticipated absences, or commitment to the job can create a hostile work environment based on pregnancy. When this conduct is severe or pervasive enough to alter the employee's working conditions, it constitutes illegal harassment.