What Are My Rights If I Am Pregnant at Work?

Federal laws provide protections and accommodations for employees during pregnancy. This article will explain your rights as a pregnant employee and how to address pregnancy discrimination. For legal advice concerning your employee rights during pregnancy, reach out to an experienced employment lawyer.

Legal Protections for Pregnant Employees

Federal and state laws protect pregnant employees from discrimination. Federal pregnancy anti-discrimination laws are enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL). Jurisdictions across the country have additional state or local laws protecting pregnant workers. In fact, all but a handful of states offer state-level protections against workplace pregnancy discrimination.

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Title VII of the Civil Rights Act of 1964

Title VII prohibits sex discrimination, which includes pregnancy discrimination. Pregnancy protections under Title VII include:

• Current pregnancy
• Potential pregnancy
• Past pregnancy
• A pregnancy-related medical condition
• Breastfeeding and lactation
• Birth control

The Pregnancy Discrimination Act

It’s unlawful under the Pregnancy Discrimination Act (PDA) to discriminate based on pregnancy. This includes pregnancy-related decisions made in hiring, firing, pay, training, job assignments, and performance reviews. The PDA also protects against pregnancy-related harassment and retaliation.

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to pregnant workers, unless it would cause an undue hardship.

The PWFA requires case-specific assessments. The pregnancy-related condition does not need to amount to a disability. Relief from an essential job duty under PWFA is only required if it’s temporary.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination against an employee or applicant based on a disability. The ADA includes pregnancy-related disabilities, such as severe morning sickness, gestational diabetes, or postpartum health conditions that seriously limit the person’s major life activities.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) Allows 12 work weeks of parental leave for the birth of a child and to care for the newborn during the baby’s first year. It provides job-protected leave from work to care for a family member or address a medical issue. Learn more about FMLA leave protections in greater detail.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) provides support for lactating and nursing mothers. It requires employers to support breastfeeding by providing reasonable time for employees to express breast milk for their nursing child for the child’s first year.

PUMP for Nursing Mothers Act (PUMP Act)

The PUMP for Nursing Mothers Act (PUMP Act) became law in 2023. It expanded these legal rights to more nursing employees, including nurses, teachers, agricultural workers, truck and taxi drivers, home care workers, and home care managers.

Addressing Discrimination at Work

Common forms of pregnancy-related discrimination and harassment in the workplace include involuntary transfers, demotions, sudden negative performance reviews, unreasonable refusals of accommodations.

Discrimination laws protect against these types of behaviors. The first step is to contact your human resources department and review your company’s policies for maternity leave, sick leave, and related matters. If this does not resolve your issue, there are additional steps you can take:

• Keep detailed records about the discriminatory behavior or consequence
• File a formal complaint following your employer’s procedures
• File a charge of discrimination with the EEOC (if you are a federal job applicant or employee, you can file a complaint with the relevant federal agency)
• After you receive a right-to-sue letter from the EEOC or your state’s agency, consider filing a lawsuit

Dealing with discrimination in the workplace can be tricky, even when you follow the correct reporting procedures. But don’t let the potential hurdles stop you from pursing your rights.

Get Legal Help

It’s critical to know your rights. An experienced employment lawyer in your area can provide legal advice about your next steps to address your employment law issue, including pregnancy-related discrimination. Many law offices offer free case evaluations to explain your legal options. Get help today.