Can I sue for pregnancy discrimination at work?

💼 Workplace Issues Last updated: 9/2/2025

Pregnancy discrimination involves treating women unfavorably due to pregnancy, childbirth, or related medical conditions. This includes firing, demotion, or passing over for promotion.

When People Ask This Question

Legal protection against discrimination due to pregnancy, childbirth, or related medical conditions.

Common Examples:

  • Told not to return after maternity leave
  • Demoted after announcing pregnancy
  • Passed over for promotion due to pregnancy
  • Fired for pregnancy-related absences
  • Forced to take early maternity leave

What Lawyers Often Look At

In situations like yours, legal professionals typically consider these factors when evaluating potential options:

1

Whether adverse employment action was taken due to pregnancy

2

Whether similarly situated non-pregnant workers were treated differently

3

Whether employer followed pregnancy accommodation laws

4

Whether discrimination was overt or subtle

5

Documentation of performance before pregnancy announcement

6

Timing of discrimination relative to pregnancy

Evidence That Can Help

Having documentation and evidence is often crucial. Consider gathering these types of information:

Performance reviews from before pregnancy announcement

Emails or comments about pregnancy affecting work

Documentation of accommodations given to other workers

Witness statements about discriminatory treatment

Timeline showing employment actions after pregnancy news

Documentation of pregnancy-related medical needs

Common Misconceptions

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Employers can always cite business reasons for actions (pretext can be shown)

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Only obvious discrimination counts (subtle discrimination also illegal)

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Small employers are exempt from pregnancy laws (coverage varies by size)

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Short-term pregnancies aren't protected (all pregnancies covered)

What You Can Do Next

Based on general information about similar situations, here are some steps to consider:

1

Document all pregnancy-related discrimination incidents

2

Request reasonable accommodations in writing

3

File complaint with EEOC within time limits

4

Gather evidence of preferential treatment for non-pregnant workers

5

Consult employment discrimination attorney

Frequently Asked Questions

What if my employer says I can't perform my job duties while pregnant?
Employers must treat pregnancy-related limitations like other temporary disabilities. If you can perform essential functions with or without accommodation, discrimination may be occurring.

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