What Are My Rights If I Am Pregnant at Work?
By Oni Harton, Esq., John Devendorf, Esq. | Reviewed by Canaan Suitt, J.D. | Last updated on June 12, 2026Federal 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 enhanced legal protections against workplace pregnancy discrimination.
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Title VII of the Civil Rights Act of 1964
Title VII prohibits sex discrimination in employment, 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 the PWFA is required only if it’s temporary.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) prohibits discrimination against employees or applicants based on 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.
FMLA 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 nursing rights to more employees, including nurses, teachers, agricultural workers, truck and taxi drivers, home care workers, and home care managers.
State Laws Prohibiting Pregnancy-Based Workplace Discrimination
| State | Covered Employers | Key Additional Protections Beyond Federal Law | Pregnancy Discrimination Statute or Federal |
| Alabama | 15+ (federal) | Federal standards | Federal law |
| Alaska | 1+ employee | Federal standards | Alaska Stat. § 18.80.220 |
| Arizona | 15+ employees | Federal standards | Ariz. Rev. Stat. § 41-1461 |
| Arkansas | 9+ (discrimination); 15+ (accommodation) | Federal standards | Ark. Code Ann. § 16-123-102(1) |
| California | 5+ employees | Paid family leave and additional accommodation protections | Cal. Gov. Code § 12945 |
| Colorado | 1+ employee | Paid family leave and additional accommodation protections | Colo. Rev. Stat. § 24-34-402.3 |
| Connecticut | 1+ employee | Paid family leave and additional accommodation protections | Conn. Gen. Stat. § 46a-60(b)(7) |
| Delaware | 4+ employees | Paid family leave and additional accommodation protections | Del. Code Ann. Tit. 19, § 711 |
| Florida | 15+ employees | Federal standards | Fla. Stat. § 760.01 |
| Georgia | 15+ (federal) | Federal standards | Federal law |
| Hawaii | 1+ employee | Additional accommodation protections | Haw. Rev. Stat. § 378-2 |
| Idaho | 5+ employees | Federal standards | Idaho Code § 67-5909 |
| Illinois | 1+ employee | Additional accommodation protections | 775 ILCS 5/2-102(I) |
| Indiana | 6+ (discrimination); 15+ (accommodation) | Additional accommodation protections | Ind. Code § 22-9-12-3 |
| Iowa | 4+ employees | Additional accommodation protections | Iowa Code § 216.6 |
| Kansas | 4+ employees | Federal standards | Kan. Stat. § 44-1009 |
| Kentucky | 1+ employee | Additional accommodation protections | Ky. Rev. Stat. § 344.030 |
| Louisiana | 15+ employees | Additional accommodation protections | La. Rev. Stat. § 23:341 |
| Maine | 1+ employee | Paid family leave and additional accommodation protections | Me. Rev. Stat. Tit. 5, § 4572-A |
| Maryland | 1+ employee | Additional accommodation protections (paid leave in 2028) | Md. Code, State Gov’t § 20-609 |
| Massachusetts | 6+ employees | Paid family leave and additional accommodation protections | Mass. Gen. Laws Ch. 151B, § 4 |
| Michigan | 1+ employee | Federal standards | Mich. Comp. Laws § 37.2202 |
| Minnesota | 1+ employee | Paid family leave and additional accommodation protections | Minn. Stat. § 181.939 |
| Mississippi | 15+ (federal) | Federal standards | Federal law |
| Missouri | 6+ employees | Federal standards | Mo. Rev. Stat. § 213.055 |
| Montana | 1+ employee | Federal standards | Mont. Code § 49-2-310 |
| Nebraska | 15+ employees | Additional accommodation protections | Neb. Rev. Stat. § 48-1107.02 |
| Nevada | 15+ employees | Additional accommodation protections | Nev. Rev. Stat. § 613.335 |
| New Hampshire | 6+ employees | Federal standards | N.H. Rev. Stat. § 354-A:7 |
| New Jersey | 1+ employee | Paid family leave and additional accommodation protections | N.J. Stat. § 10:5-12(s) |
| New Mexico | 4+ employees | Additional accommodation protections | N.M. Stat. § 28-1-7 |
| New York | 1+ employee | Paid family leave and additional accommodation protections | N.Y. Exec. Law § 296 |
| North Carolina | 15+ employees | Federal standards | N.C. Gen. Stat. § 143-422.2 |
| North Dakota | 1+ employee | Additional accommodation protections | N.D. Cent. Code § 14-02.4-03 |
| Ohio | 4+ employees | Federal standards | Ohio Rev. Stat. § 4112.02 |
| Oklahoma | 1+ employee | Federal standards | Okla. Stat. Tit. 25, § 1302 |
| Oregon | 1+ employee | Paid family leave and additional accommodation protections | Or. Rev. Stat. § 659A.030 |
| Pennsylvania | 4+ employees | Federal standards | 43 Pa. Stat. § 955 |
| Rhode Island | 4+ employees | Paid family leave | R.I. Gen. Laws § 28-5-7.4 |
| South Carolina | 15+ employees | Additional accommodation protections | S.C. Code § 1-13-80 |
| South Dakota | 1+ employee | Federal standards | S.D. Codified Laws § 20-13-10 |
| Tennessee | 15+ employees | Additional accommodation protections | Tenn. Code § 50-10-103 |
| Texas | 15+ employees | Federal standards | Tex. Lab. Code § 21.106 |
| Utah | 15+ employees | Additional accommodation protections | Utah Code § 34A-5-106 |
| Vermont | 1+ employee | Additional accommodation protections | Vt. Stat. Tit. 21, § 495 |
| Virginia | 5+ employees | Additional accommodation protections (paid leave in 2028) | Va. Code § 2.2-3909 |
| Washington | 8+ (discrimination); 15+ (accommodation) (changing to 1+ employee on January 1, 2027) | Paid family leave and additional accommodation protections | RCW 49.60.180 |
| Washington, D.C. | 1+ employee | Paid family leave | D.C. Code § 2-1402.11 |
| West Virginia | 12+ employees | Additional accommodation protections | W. Va. Code § 16-19-2 |
| Wisconsin | 1+ employee | Federal standards | Wis. Stat. § 111.36 |
| Wyoming | 2+ employees | Federal standards | Wyo. Stat. § 27-9-105 |
Addressing Discrimination at Work
Common forms of pregnancy-related discrimination and harassment in the workplace include involuntary transfers, demotions, sudden negative performance reviews, and 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 employment 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 of the discriminatory behavior or consequences
- 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 pursuing 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.
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