Every year pregnancy discrimination happens to around 250,000 women at work and the vast majority have no idea that the law is on their side. There are actually a few strong legal protections designed to stop employers from firing or demoting women just because they’re pregnant or have recently had a baby.
Federal law makes pregnancy discrimination illegal. About one in five mothers say they’ve experienced it at work. Some employers actually don’t know what they’re supposed to do under the new requirements that have been strengthened recently. Other employers know what the requirements are and just ignore them. They assume most workers won’t have the resources or energy to fight back.
The federal government made some big moves in 2023 and 2024 with new protections and with much stronger enforcement standards. The Equal Employment Opportunity Commission (EEOC) alone handled over 88,000 discrimination charges in fiscal year 2024. It’s a 9% jump from the previous year and they recovered $700 million for victims. These numbers mean that employees are much more aware of their rights than they used to be and, yet, violations are still extremely common across the country.
Let’s talk about the protections that explain your rights at work.
Your Rights Under Federal Pregnancy Laws
The main federal law that protects pregnant workers in the United States is the Pregnancy Discrimination Act of 1978. What this law did was actually pretty big because it amended Title VII of the Civil Rights Act and made pregnancy discrimination explicitly illegal. Back before 1978, employers had total freedom to treat pregnant employees any way they wanted, and lots of women lost their jobs the second they announced a pregnancy. The law changed all that.
This protection only kicks in at workplaces with 15 or more employees though. Smaller workplaces don’t fall under the federal requirements and if you work at a company with 14 employees or less, you’ll need to look into your state laws for protection instead.
The ADA Amendments Act is the other big law you need to know about if you’re pregnant and working. Pregnancy itself isn’t a disability. But complications from pregnancy can be, and that’s where this law gets relevant. Gestational diabetes, severe morning sickness, preeclampsia, or debilitating back pain can all qualify as temporary disabilities under the ADA. Once a pregnancy complication reaches that threshold, employers are legally expected to make accommodations that would allow you to continue doing your job.
These two laws complement one another in important ways. The Pregnancy Discrimination Act gives you your baseline protection against being fired or demoted just because you’re expecting a baby. But the ADA gives you that extra support when pregnancy-related medical problems start interfering with your ability to work normally.
A 2015 Supreme Court case drove home just how strong these protections are. The case involved a UPS driver who asked for light duty work during her pregnancy because her doctor told her not to lift heavy packages. UPS refused her request, even though they had regularly given light duty assignments to workers who were injured on the job. The Supreme Court ruled that employers have to give pregnant workers the same accommodations that they give to other employees who have similar work restrictions. That ruling sent a message to employers nationwide that pregnancy accommodations aren’t optional anymore.
The Rights You Have as a Pregnant Employee
The workplace protections we covered earlier are actually much stronger than most employees know. As long as you can manage your normal job responsibilities and you have every legal right to continue working through your pregnancy. Your employer doesn’t get to tell you the right time to take leave and neither does anyone else in the office. That choice is between you and your doctor, period.
Employers have to give the same accommodations they’d give to any other employee who needs temporary medical support. If a coworker breaks their leg and the company gives them lighter duties for a few weeks then you deserve that exact same treatment. Or maybe somebody with back problems gets to sit down more frequently during their shift. You can request that same accommodation too.
Job seekers don’t usually know that employers actually can’t ask about pregnancy or family planning in interviews. Federal law makes these questions illegal and any employer who turns you down because you’re pregnant is violating that law. As long as you can perform the main duties of the job, your pregnancy status doesn’t affect whether you get hired.
Pregnancy discrimination cases filed with the EEOC have actually increased over the past few years. The data shows that formal charges are up 30% from where they were just 10 years ago. Employees finally know what their rights are and they won’t tolerate illegal treatment from their employers anymore.
Your career shouldn’t stall just because you’re expecting. Promotions, raises, performance reviews, and bonuses should all continue normally. Your health benefits and all other benefits need to stay the same during any medical leave just like they would for any other employee who has a health issue. Some managers make assumptions about what pregnant employees want in their careers. But those decisions aren’t theirs to make.
Size doesn’t matter with these protections either. A massive Fortune 500 company has to follow these laws just as much as a local business does. The bottom line is simple but important, pregnancy by itself can never be the sole reason for different treatment in your workplace.
Work Changes for Your Pregnancy
Pregnancy can change how your normal work day goes and you absolutely have the right to ask your employer for some help with that. Most businesses actually have a legal obligation to at least look into temporary changes that they’d make to your job duties or your workspace. These changes are called accommodations and they can be the difference between barely making it through your work day and actually feeling safe and comfortable as you work.
Extra bathroom breaks are probably going to become part of your day-to-day life. And, when your job has you on your feet all day, you’ll probably need to take some sitting breaks every now and then. Many pregnant employees who usually stand for eight hours straight ask to switch to desk work temporarily. Heavy lifting gets to be a problem too and most doctors are going to tell you to stop doing it when you reach a particular point in your pregnancy. Remote work can be a great option for a few months if your employer has that flexibility built into their policies.
The process for requesting accommodations is actually pretty simple. You let your employer know the particular changes you need to continue doing your job safely. Then the two of you can work out a way forward that works for you and the business and your health needs. Your boss can’t simply turn down your request without a legitimate business reason. The company would have to prove that your accommodation would create real operational problems or excessive costs.
The EEOC came out with new guidelines back in 2015 and they changed the game for pregnant workers. When a company already gives light duty assignments to employees who get hurt on the job, they have to give the exact same accommodations to pregnant workers too. For years before these guidelines came out, employers would treat pregnancy like it was somehow different from any other temporary medical condition and it was a big win for workplace equality when this finally got sorted out.
Your medical documentation should spell out which tasks you can still perform and which ones you should stay away from. The more specific the medical documentation is, the easier it gets for your employer to figure out what you need and meet those needs. It is important to be as complete as possible about physical limitations and time frames.
The timing of accommodation requests matters all the time. The earlier you start the conversation with your employer, the more time everyone has to get ready and adjust. Waiting until you’re in pain or unable to handle your needed tasks safely just creates unnecessary stress for everyone involved.
State Laws That Go Beyond Federal Protection
Federal law gives you a baseline for pregnancy protections at work and your state might actually do a much better job of protecting you. The main difference is that state laws usually protect you even if you don’t have any medical complications from your pregnancy.
California is probably the most protective state for pregnant workers. Their Fair Employment and Housing Act kicks in when you’re hired and applies to any workplace with five or more employees. Compare that to the federal law, which only covers businesses with at least fifteen employees, and you can see why this matters for many women. New York has very strong protections too and they specifically mandate that employers give you a private space for pumping breast milk. And no, a bathroom doesn’t count as an acceptable space for this.
Illinois takes protections even further with their laws. It doesn’t matter if you work full-time or just put in a few hours a week, you get protected either way. They’ve also brought some independent contractors under these protections and this almost never happens in employment law. Gig workers and freelancers finally have some protection here.
State protections have another big benefit over federal law for actually filing a complaint. State agencies usually process claims much faster than federal agencies. We’re talking about weeks instead of months for most cases. Also, state agencies are easier to reach and work with if you need help.
Many states have also expanded lactation break requirements past what the federal PUMP Act mandates. They guarantee you adequate break time for pumping and they also make sure you get paid during those breaks. Some states have eliminated waiting periods so your protections start on your very first day at work. These distinctions become very important if you need immediate help or accommodations during your pregnancy.
File Your Complaint with the EEOC
Pregnancy discrimination at work is a serious legal violation and the timeline for action is much shorter. The EEOC gives you just 180 days from the date of the discrimination to file your complaint. Some states extend that window to 300 days and that extra time disappears quickly. The safest way to go is to assume you have the shorter deadline and move fast.
Your first step should actually be your company’s HR department. That includes when HR seems to be causing problems themselves. The reason is simple, you need documentation that proves you tried to resolve this internally before you went to the EEOC. Write everything down in emails and save every response. These records become the foundation of your complaint, without them you’re at a disadvantage.
The EEOC does take pregnancy discrimination complaints very seriously and the numbers prove it. Last year they recovered over $15 million for victims of pregnancy discrimination. It’s the money that went to employees who decided their rights were worth defending. These cases do get results and the agency has the power to make employers pay for their violations.
Evidence collection has to start right after any discriminatory incident happens. Every email that mentions your pregnancy needs to go straight into a file. The same goes for any comment about your condition or your future with the company. Performance reviews are especially worth keeping. Pay close attention if they suddenly get worse after you announce your pregnancy. Coworkers who saw the discriminatory behavior happen can write down what they witnessed. The strength of your case depends on the evidence you show the court and memories can fade quickly.
Retaliation is another big concern after you file a complaint. Employers sometimes respond to discrimination complaints by trying to make the workplace even more hostile. They might cut back on your responsibilities or assign you meaningless tasks. Performance reviews that were positive for years might suddenly turn negative. Your schedule might change in ways that make childcare impossible. All of this constitutes illegal retaliation and you can file more complaints about them. The law protects you from punishment when you assert your rights even if your original discrimination claim doesn’t succeed.
Employment law continues to change as courts issue new decisions and legislators update the laws. The core protections remain strong though. Pregnancy discrimination is illegal and multiple avenues are available to hold employers accountable. The best strategy is to know your rights and be willing to use the systems that are designed to protect them.
Federal Laws That Support Pregnant Workers
The laws for pregnant workers have gone through some pretty significant improvements over the past few years. Congress passed two new updates that finally address the gaps everyone knew existed in the old laws. These aren’t minor adjustments either. They fundamentally change how many workers can access the support and accommodations they deserve during pregnancy.
The PUMP Act became law in 2022 and it fixed a problem that had been around for way too long. The old law only covered hourly workers who needed breaks to pump breast milk. Salaried employees were out of luck. The new law changes all that. Employers now have to give workers a private space for pumping and no, a bathroom doesn’t count. The break time for expressing milk has to be paid too. New mothers shouldn’t ever have to choose between keeping their paycheck and being able to nurse their baby.
The Pregnant Workers Fairness Act might actually be an even bigger deal. Congress passed it in 2022 and it officially took effect in June 2023. The biggest change is that pregnant workers no longer have to prove that they have a disability just to request basic accommodations. Employers have to provide reasonable accommodations like a stool to sit on during work hours. The same applies to permission to carry a water bottle as you work. The old laws made pregnant workers jump through all kinds of hoops just to prove that their pregnancy qualified as a disability. Only then could they even ask for these accommodations.
Courts are still figuring out how to apply all these new protections in different situations. The Supreme Court has a few cases on its docket about which accommodations count as fair and when employers can legally refuse a request. It’ll probably shape how the laws are practiced for years to come.
The legal system moves at its own pace and it’s usually pretty slow. But at least it’s been moving in a direction that actually helps pregnant workers and new parents. Every new law takes what had already existed and makes those workplace protections just a little bit stronger while covering more situations.
Do You Need Help From a Lawyer?
Hiring a discrimination attorney could be very helpful if you think you’ve been discriminated against because of pregnancy. Discrimination lawsuits, like other employment-related claims, usually require the help of a legal professional.
Pregnancy rights at work have actually become much stronger over the years. There’s still room for improvement. But the protections you have now are much better than what existed even a decade ago. Federal laws give you a strong foundation of rights and then many states build on that with extra protections. These layers of legal protection can change your entire work experience during pregnancy. And when you know what rights you have everything changes. You stop feeling like you have to just accept whatever happens and start feeling like you can speak up for what you need.
They give you power in situations where you might otherwise feel pretty helpless. Each person who uses these protections to get fair treatment at work makes it a little bit easier for the next pregnant employee who comes after them. It’s one area where your own actions do create bigger changes over time.
Legal questions during pregnancy can get complicated fast though. You’re already dealing with doctor’s appointments and physical changes and everything else that comes with pregnancy. At LegalMatch, you can connect with employment lawyers who work on these exact types of cases all the time. They know the ins and outs of pregnancy discrimination law and help you find the best path forward for your goals.
