Can My Boss Fire Me for Being Pregnant?

Minnesota and federal law prohibit pregnancy-based employment discrimination

By Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on June 5, 2024

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Finding out you’re pregnant may be the happiest day of your life. But after all of the years of working and climbing the corporate ladder, the expansion of your family may bring you to one worrisome question: What does that mean regarding my job if I am on maternity leave?

State Anti-Discrimination Laws Protect Pregnant Workers

Under both state law and federal pregnancy discrimination laws, it is illegal for an employer to discriminate against pregnant employees. They cannot fire pregnant workers or place them on involuntary leave.

The Minnesota Human Rights Act prevents employers from discriminating based on pregnancy and clarifies that pregnancy-related conditions must be treated in the same manner as temporary disabilities for employment-related purposes.

Minnesota has also enacted the Pregnancy and Parental Leave Act, which requires covered employers to provide up to 12 weeks of unpaid leave for the birth or adoption of a child. A “covered” employee is any employer with 21 or more employees at one site. To qualify, one must have worked there for 12 months at an average number of hours per week equal to half of full-time employment.

In addition to state provisions, the Family and Medical Leave Act (FMLA) is a federal law that requires larger employers to provide up to 12 weeks of unpaid leave.

What Protections Should I Expect?

The law offers protection for women who are suffering from health issues or complications due to a pregnancy. In Minnesota, employers must provide pregnant women with the following:

  • More bathroom, water, and food breaks;
  • A place to sit even if a job requires standing; and
  • Accommodations for not lifting—or needing help lifting— objects over 20 pounds.

Employers must engage in an interactive process if the above reasonable accommodations are not enough.

Additionally, the Pregnant Workers Fairness Act (PWRA), a federal law enacted in 2022, requires employers to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions. The federal PUMP for Nursing Mothers Act requires covered employers to provide lactation accommodations, including break times and a private place to express milk.

What if I’m Not Receiving Reasonable Accomodations?

First and foremost, you will want to document any negative interactions you’ve had with your employer since you gave them notice of your pregnancy. Perhaps bring documentation from a doctor if you expect to have the necessary accommodations.

If you are a high-risk pregnancy, there will likely be doctor’s appointments and other possible work conflicts, and it’s best to notify an employer as soon as possible so they can plan ahead. Many HR departments have policies on pregnancies, and you may want to follow up with them to ensure you are on the same page.

If the unfortunate negative interaction with an employer does happen, be certain to reach out to a law firm or an experienced and reputable employment discrimination attorney. Most lawyers provide free consultations and may offer legal advice about your pregnancy discrimination case or work environment. 

For more information about this area, see our overviews on employment lawwrongful termination, and discrimination.

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