Can I sue for pregnancy discrimination at work?

Understanding Pregnancy Discrimination Claims

Federal and state laws protect workers from being treated adversely because of pregnancy, childbirth, or related medical conditions. Whether you are being pressured to resign, denied a promotion, refused reasonable accommodations, or terminated because of your pregnancy, you may have legal rights worth understanding and acting on promptly.

This guide provides educational information about pregnancy discrimination protections. It is not legal advice, and the specific laws applicable to your situation depend on the size of your employer, your state, and the nature of the discriminatory treatment. An attorney in your jurisdiction can evaluate the specific facts of your situation.

The Legal Framework: Three Key Federal Laws

Three major federal laws work together to protect pregnant workers:

• The Pregnancy Discrimination Act (PDA) — Enacted in 1978 as an amendment to Title VII, the PDA prohibits employers with 15 or more employees from discriminating against employees because of pregnancy, childbirth, or related medical conditions. The core principle is that employers must treat pregnant employees the same as other employees who are similarly limited in their ability to work.
• The Pregnant Workers Fairness Act (PWFA) — Effective June 2023, this newer law requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so imposes an undue hardship. The PWFA fills gaps in prior law by creating an affirmative accommodation right that does not require the pregnancy-related limitation to qualify as an ADA disability.
• The Family and Medical Leave Act (FMLA) — Eligible employees at covered employers may take up to 12 weeks of unpaid, job-protected leave per year for the birth or adoption of a child, or for a serious health condition including pregnancy complications and recovery from childbirth.

What Pregnancy Discrimination Looks Like in Practice

Pregnancy discrimination can occur at any stage of employment and can take many forms, some more subtle than others:

• Being fired, laid off, or forced to resign after announcing a pregnancy
• Being passed over for promotion or reassigned to a less desirable role during pregnancy
• Having job responsibilities reduced or being excluded from projects after pregnancy becomes visible
• Being denied accommodation requests that would have been granted for other temporary medical conditions
• Being treated differently from coworkers who have similar work limitations unrelated to pregnancy
• Receiving negative performance reviews that began after pregnancy announcement with no prior performance issues
• Being subjected to comments or questions about pregnancy's effect on work commitment or availability

Proving pregnancy discrimination often involves comparing how you were treated to how similarly situated, non-pregnant employees were treated in comparable situations. Evidence of different treatment for comparable circumstances is often central to these claims.

The Pregnant Workers Fairness Act: A Significant Development

The PWFA represents a substantial expansion of pregnant worker protections. Unlike the PDA's comparative approach (requiring equal treatment to similarly limited non-pregnant workers), the PWFA creates an independent right to reasonable accommodations for any known limitation related to pregnancy, childbirth, or related medical conditions.

Accommodations under the PWFA might include: more frequent breaks, permission to sit rather than stand, access to closer parking, temporary reassignment from strenuous tasks, modified work schedules for prenatal appointments, or leave. The PWFA explicitly covers temporary limitations, and the limitation does not need to meet the ADA's definition of disability to trigger accommodation requirements.

The EEOC issued regulations implementing the PWFA in 2024 that provide detailed guidance on employer obligations. Workers who need pregnancy-related accommodations and whose employers have 15 or more employees should be aware that this newer law may provide stronger accommodation rights than prior law.

The Family and Medical Leave Act

The FMLA provides eligible employees with 12 weeks of unpaid, job-protected leave per year. To be eligible, you must have worked for the employer for at least 12 months, worked at least 1,250 hours in the past 12 months, and work at a location where the employer has 50 or more employees within 75 miles.

FMLA leave for pregnancy can be taken for prenatal care and medical conditions related to pregnancy during the pregnancy itself, and then for recovery from childbirth and bonding with the newborn after delivery. Many employees use both periods. Employees returning from FMLA leave are generally entitled to be restored to the same or an equivalent position.

Some states have their own family and medical leave laws that may apply to smaller employers, provide longer leave periods, or offer paid leave through state programs. California, New York, New Jersey, Washington, Massachusetts, and Colorado, among others, have paid family leave programs that partially replace wages during qualifying leave.

Documenting Pregnancy Discrimination

Building a strong pregnancy discrimination claim begins with documentation. Key evidence includes:

• A timeline of events from pregnancy announcement through any adverse employment actions
• Written communications (emails, texts, memos) that reference pregnancy or show differential treatment
• Performance evaluations from before and after pregnancy announcement
• Records showing how similar situations involving non-pregnant employees were handled
• Notes of any verbal comments made by supervisors about pregnancy and work
• Medical documentation of any pregnancy-related limitations for accommodation purposes

Filing Deadlines and the Administrative Process

For federal PDA and PWFA claims, employees must file a charge with the EEOC within 180 days of the discriminatory act, or within 300 days in states with a state fair employment practices agency. FMLA retaliation claims have a 2-year statute of limitations (3 years for willful violations). Missing these deadlines typically bars the claim.

After filing with the EEOC, the agency may attempt mediation or investigate the charge. Upon completion (or after 180 days without resolution), the EEOC issues a right-to-sue letter that permits filing a lawsuit in federal court. Many pregnancy discrimination cases resolve through settlement during or after the EEOC process.

Available Remedies

If a pregnancy discrimination claim is successful, remedies may include: reinstatement to the former position, back pay for wages and benefits lost, front pay if reinstatement is not feasible, compensatory damages for emotional distress, punitive damages in cases of egregious employer conduct (subject to federal caps based on employer size), and attorney's fees. State laws may provide for additional remedies in some circumstances.

Breastfeeding and Pumping Protections

Federal law now provides protections for nursing employees who need to pump breast milk at work. The PUMP for Nursing Mothers Act, which took effect in 2023, extended existing FLSA pumping break protections to most employees not previously covered. Employers must provide reasonable break time for employees to express milk for up to one year after the child's birth and must provide a private, shielded space (not a bathroom) for this purpose. Employers with fewer than 50 employees may be exempt if compliance would impose undue hardship, but the burden of proving this exemption rests on the employer. Many states have enacted additional breastfeeding protections that may apply to smaller employers or provide longer protection periods.

Protections During Fertility Treatment and Pregnancy Loss

The Pregnancy Discrimination Act's protection for "related medical conditions" has been interpreted by courts to cover a range of conditions connected to pregnancy and childbirth, including fertility treatments, pregnancy loss (miscarriage), and complications arising during or after pregnancy. The PWFA similarly covers limitations related to pregnancy and childbirth broadly. Workers who experience adverse employment actions after taking time off for fertility treatments, after disclosing a miscarriage, or while recovering from a pregnancy complication may have protected discrimination claims under federal or state law.

Interaction Between Pregnancy Leave and Other Legal Protections

Pregnancy-related leave is often governed by overlapping federal and state laws that can operate simultaneously. A period of leave may qualify as both FMLA leave and leave under a state family leave law. During FMLA leave, employers must maintain group health insurance on the same terms as before the leave and must restore the employee to the same or equivalent position upon return. Where a pregnancy-related condition also qualifies as an ADA disability (which is more likely after the ADA's 2008 amendments), an employee may also have accommodation rights that extend beyond the FMLA leave period. Navigating the interaction of these overlapping protections is an area where legal guidance can be particularly valuable, especially when an employer has communicated that it may not hold a job open or that a returning employee's position has been eliminated.

Documenting Your Pregnancy Discrimination Claim

Building a strong pregnancy discrimination claim begins with documentation. Key evidence includes: a detailed written timeline of events from pregnancy announcement through any adverse employment actions; copies of emails, texts, or notes reflecting differential treatment or comments about pregnancy and work performance; performance reviews from before pregnancy was announced compared to any reviews issued after announcement; records showing how similar situations involving non-pregnant coworkers were handled (for example, how other employees with temporary work limitations were accommodated); notes of any conversations with supervisors about the pregnancy and its expected impact on work; and medical documentation of any pregnancy-related limitations for which you requested accommodation. Preserve this evidence in a location outside of your employer's systems, such as personal email or a home file. Creating contemporaneous notes immediately after significant conversations while details are fresh is good practice throughout the process.

Returning to Work After Pregnancy Leave

Federal law under the FMLA entitles eligible employees to be restored to the same or an equivalent position upon returning from pregnancy-related leave. An employer who eliminates a returning employee's position while she was on leave, assigns her to a significantly lesser role, reduces her salary, or creates a hostile environment intended to cause her to resign may be engaging in unlawful retaliation or discrimination. If your job situation has materially changed upon return from pregnancy-related leave, documenting these changes and consulting with an employment attorney promptly is advisable. Some employees discover upon return that their role has been restructured, their clients reassigned, or their responsibilities dramatically reduced — all of which may indicate discriminatory treatment worth exploring with an attorney.

Pregnancy Discrimination and the Role of Comparator Evidence

A central element of most pregnancy discrimination claims is comparator evidence — documentation showing how similarly situated non-pregnant employees were treated under comparable circumstances. For example, if male employees or non-pregnant female employees who had similar temporary physical limitations were provided light duty or schedule modifications while a pregnant employee's request was denied, that differential treatment is powerful evidence of pregnancy discrimination. Similarly, if employees who missed work for non-pregnancy medical reasons were not disciplined, while a pregnant employee was disciplined for similar absences, the inconsistent treatment may support a discrimination claim. Identifying and documenting the treatment of comparators is one of the most impactful steps a claimant can take to support a pregnancy discrimination case, and it is an area where an experienced employment attorney can be particularly helpful during the discovery process if litigation is necessary.

Retaliation for Exercising Pregnancy-Related Rights

Federal and state laws prohibit employers from retaliating against employees for asserting their pregnancy-related rights — including requesting accommodations under the PWFA, taking FMLA leave, or filing a PDA or PWFA charge with the EEOC. Retaliation may take many forms beyond termination: a suddenly negative performance review upon returning from maternity leave, exclusion from meetings or projects after announcing pregnancy, removal from a high-profile assignment, or a sudden escalation of documentation for minor issues that were previously overlooked. Because suspicious timing between a protected action (requesting accommodation, filing a complaint) and an adverse employment action is often central to retaliation claims, creating a contemporaneous record of when rights were exercised and how the employer's behavior changed afterward is essential for building an effective claim.