Pregnancy discrimination is illegal. There are three federal laws enforced by the Equal Employment Opportunity Commission (EEOC), that safeguard the rights of pregnant job applicants and employees:
- Title VII of the Civil Rights Act of 1964 (“Title VII”), (amended by the Pregnancy Discrimination Act): This law prohibits sex discrimination, which includes discrimination based on pregnancy. Under Title VII, employers cannot discriminate against an applicant or employee due to:
- An existing pregnancy
- A prior pregnancy
- A possible pregnancy
- A medical condition arising from pregnancy, childbirth, or lactation
- The decision to continue or terminate a pregnancy
- Using contraception
- The Pregnant Workers Fairness Act (“PWFA”): This law requires employers to provide reasonable accommodations to employees with limitations related to pregnancy, childbirth, or medical conditions. However, employers do not need to provide these accommodations if doing so would cause undue hardship to the employer. The PWFA applies to most employers with fifteen (15) or more employees, including private and public (state and local) employers, Congress, federal agencies, employment agencies, and labor organizations.
- The Americans with Disabilities Act (“ADA”): This law protects workers from discrimination based on a disability, including disabilities related to pregnancy (e.g., preeclampsia). Although pregnancy itself is not considered a disability, pregnant workers may experience related impairments that are considered disabilities. In these cases, employers may need to provide reasonable accommodations. The ADA also mandates confidentiality of all medical information, including pregnancy-related details. This information must be kept in separate medical files.
How Pregnancy Discrimination Can Occur
Both Title VII and the ADA provide broad coverage against employment discrimination at all stages of employment, including:
- Recruitment, application, and selection procedures
- Compensation, job assignments, and promotions
- Access to training, employee benefits, and other terms and conditions of employment
- Termination, layoff, and other adverse employment actions (e.g., reduction in hours)
Your Rights to Accommodations During Pregnancy
The PWFA requires employers to offer reasonable accommodations for pregnancy, childbirth, and related medical conditions, unless it causes undue hardship. Employers cannot force accommodations on workers and they cannot require leave if another accommodation would allow the employee to continue working. Employees may also be eligible for accommodations under the provisions of Title VII or the ADA.
What is Considered a Reasonable Accommodation?
Reasonable accommodations are adjustments to the workplace or standard operating procedure to allow employees to perform their job duties effectively.
Examples of reasonable accommodations under the PWFA:
- Breaks: Extended, more frequent, or flexible breaks for hydration, meals, rest, and restroom use.
- Food and Drink: Flexible policies regarding food and drink at workstations (e.g., water bottles, snacks).
- Workstation Modifications: Changes to equipment, devices, or workstations (e.g., providing a stool, adjustable workstations).
- Clothing and Safety: Adjustments to uniform or dress code requirements, or providing properly fitting safety equipment.
- Work Schedule: Adjustments to work schedules (e.g., reduced hours, part-time work, flexible start and end times).
- Remote Work: Telework or remote work options where feasible.
- Job Duties: Temporary limitations in job duties, including temporary reassignment, temporary postponement of non-essential functions, light duty, or assistance with manual labor.
- Leave: Leave for healthcare appointments, recovery from childbirth, or related medical conditions.
Pregnancy and Workplace Harassment
Harassment of an employee because of pregnancy, childbirth, a related medical condition, or a pregnancy-related physical or mental disability is prohibited by law. A harasser can be anyone, regardless of their gender, to count as discrimination or sexual harassment. You do not need to be the direct target of the harassment; simply being affected by it can make you a victim of the harasser. The harasser’s intentions, offensive or not, do not matter. Online communications, such as e-mails, texts, or social media posts, can be perceived as harassment. If the harasser’s behavior creates a hostile work environment, it is considered harassment.
Minor teasing and offhand comments are not prohibited by law—including isolated incidents that are not serious and infrequent. If you experience repeated harassment or suffer negative job consequences, such as termination or demotion, because of harassment, it is illegal. You do not have to lose your job or suffer financial loss to be a victim of harassment.
Employees With Caregiving Duties
Title VII prohibits sex-based discrimination against working parents and other individuals with caregiving responsibilities. The ADA also protects employees from discrimination based on their association with an individual with a disability, including caregiving for that person.
Protection from Retaliation and Interference
You cannot be retaliated against for participating in the equal employment opportunity processes or opposing discrimination. Title VII, the PWFA, and the ADA protect you. The PWFA and ADA also prohibit interference with rights secured under these acts.
Other Laws Affecting Pregnant Workers
You may have additional rights as a pregnant worker or as a new parent under the Family Medical Leave Act (“FMLA”). The Fair Labor Standards Act (“FLSA”) may provide additional entitlements for employees needing to express breast milk at work. The U.S. Department of Labor’s Wage and Hour Division enforces both the FMLA and FLSA.
Another law protecting mothers who are nursing is the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP”), also enforced by the U.S. Department of Labor. PUMP expands workplace protections for employees expressing breast milk.
Some state laws offer additional benefits, such as accommodations for pregnant employees, job-protected leave (paid or unpaid), protection from discrimination, and greater breastfeeding rights.
If you believe you have experienced discrimination due to pregnancy or a pregnancy-related disability, you have the right to file a charge with the EEOC. Federal job applicants and employees facing discrimination can file a complaint with the appropriate federal agency. Contact our office to schedule an initial consultation. An experienced employment attorney can help you learn more about your legal options and rights.
