The Laws and Your Rights
Several laws protect pregnant workers. The Pregnancy Discrimination Act bars treating an employee unfavorably because of pregnancy, childbirth, or related conditions in hiring, firing, pay, and promotion. More recently, the Pregnant Workers Fairness Act created a clear obligation for covered employers to provide reasonable accommodations for pregnancy and related conditions, absent undue hardship. The ADA and FMLA can also apply.
Together these laws mean an employer generally cannot fire, demote, or refuse to hire someone because of pregnancy, and must consider reasonable adjustments such as schedule changes, lighter duties, or additional breaks. State laws sometimes provide broader protection.
What a Violation Looks Like
Common violations include firing or demoting an employee after learning she is pregnant, refusing to hire a qualified applicant because of pregnancy, denying a reasonable accommodation that other temporarily limited workers receive, forcing leave that is not requested, or retaliating against someone for requesting accommodation or complaining. Harassment based on pregnancy can also create a hostile environment.
As with other discrimination, a difficult or unfair situation is not automatically illegal. The treatment must connect to pregnancy or a related condition, and proof of that connection is what an attorney evaluates.
Proving the Claim
Evidence often includes the timing of an adverse action relative to the pregnancy announcement, comparators treated differently, denial of an accommodation granted to others with similar limitations, and any remarks about pregnancy or leave. Keep your accommodation requests, the employer responses, performance reviews, and a dated record of events.
A clear sequence, such as positive reviews followed by sudden discipline or termination shortly after disclosing a pregnancy, can be powerful circumstantial evidence. Documentation makes that sequence provable.
Procedure and Deadlines
Most pregnancy discrimination claims start with a charge filed at the EEOC or a state agency before a lawsuit, often within 180 days of the violation, extended to 300 days in some states. Accommodation and leave issues may also involve the PWFA, ADA, or FMLA, each with its own requirements.
Because several laws can apply and the deadlines are short, prompt legal advice helps preserve every option. Many employment attorneys take strong cases on contingency, and prevailing employees can often recover attorney fees.
How to Get Legal Help
If you believe you were treated unlawfully because of pregnancy, or denied a reasonable accommodation, consult an employment attorney promptly, because agency deadlines can be short. Bring your documents, accommodation requests, and a timeline.
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Pregnancy Discrimination Lawsuit: Your Rights, Proof, and Deadlines: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What laws protect pregnant workers?
The Pregnancy Discrimination Act bars unfavorable treatment because of pregnancy, and the Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations absent undue hardship. The ADA and FMLA can also apply, along with state laws.
Can my employer deny a pregnancy accommodation?
Under the Pregnant Workers Fairness Act, covered employers generally must provide reasonable accommodations for pregnancy and related conditions unless doing so causes undue hardship. Denying a reasonable accommodation can be a violation.
What does a violation look like?
Firing or demoting someone after learning of a pregnancy, refusing to hire because of pregnancy, denying an accommodation others receive, forcing unrequested leave, harassment, or retaliation for requesting accommodation or complaining.
Do I have to file with the EEOC first?
For most pregnancy discrimination claims, yes, usually within 180 days, extended to 300 in some states. Accommodation and leave issues may also involve other laws with their own requirements.
How do I prove it?
Through timing relative to your announcement, comparators treated differently, denial of an accommodation granted to others, any remarks about pregnancy, and documentation of your requests and the employer responses.