Pregnancy Discrimination at Work: What Employees and Employers Need to Know
Pregnancy should never put someone’s job at risk — but unfortunately, pregnancy discrimination is still extremely common in workplaces across the United States.
Some employers discriminate intentionally. Others do it through “policies” or assumptions that feel neutral on paper but harm pregnant employees in real life. Either way, the law is clear: pregnancy is protected, and employees have rights.
Below is a clear breakdown of what pregnancy discrimination looks like, what the law requires, and what to do if it’s happening to you.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats an employee unfairly because of:
Pregnancy
Childbirth
A pregnancy-related medical condition
Lactation / pumping needs
Time off related to pregnancy or recovery
The decision to become pregnant
Pregnancy discrimination can happen at any stage — from the moment someone announces a pregnancy, to postpartum recovery, to returning from leave.
Examples of Pregnancy Discrimination in the Workplace
Pregnancy discrimination is not always obvious. Many cases show up as “subtle” workplace behavior that becomes impossible to ignore.
Common examples include:
1. Being fired after announcing a pregnancy
One of the most common patterns is:
The employee performs well
They disclose pregnancy
Suddenly they’re “not a fit” or “performance issues” appear
2. Demotion or reduction in hours
Employers may:
Cut shifts
Reduce responsibilities
Move the employee to a lower-paying role
Remove them from key projects
3. Refusal to provide reasonable accommodations
Pregnancy often requires small adjustments, such as:
More frequent breaks
A stool to sit
Light duty
Temporary lifting restrictions
Time to attend medical appointments
When an employer refuses these accommodations — especially while accommodating other employees with similar limitations — it can be discriminatory.
4. Harassment or hostile treatment
Pregnancy discrimination also includes:
Comments about weight, body changes, or mood
Jokes about pregnancy
Pressure to quit
Being told you’re “too emotional” or “too tired”
5. Being denied leave or punished for taking it
Employers may retaliate by:
Threatening termination
Writing up the employee for absences tied to pregnancy
Penalizing them for doctor’s appointments
Cutting opportunities after maternity leave
6. Refusal to hire because someone is pregnant
It is illegal for an employer to refuse to hire someone simply because they are pregnant or may become pregnant.
What Laws Protect Pregnant Employees?
Pregnancy discrimination is covered under several laws, including:
The Pregnancy Discrimination Act (PDA)
This federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Title VII of the Civil Rights Act
Pregnancy discrimination is treated as a form of sex discrimination.
The Americans with Disabilities Act (ADA)
Pregnancy itself is not considered a disability, but pregnancy-related medical conditions (like gestational diabetes, preeclampsia, severe nausea, etc.) may qualify.
The Pregnant Workers Fairness Act (PWFA)
This newer federal law strengthens protections by requiring employers to provide reasonable accommodations for pregnancy-related limitations — similar to disability accommodation standards.
State laws
Many states (including California) offer even stronger protections than federal law.
Can an Employer Force You to Go on Leave?
In most situations: no.
Employers cannot force a pregnant employee onto leave simply because:
They “look uncomfortable”
They assume the job is too demanding
They think the employee will “slow down”
They want to avoid liability
If an employee can still perform the essential functions of the job — with or without reasonable accommodation — the employer generally must allow them to keep working.
What About Light Duty?
This is a big one.
If an employer provides light duty for:
Injured workers
Employees recovering from surgery
Employees with temporary medical restrictions
Then the employer may be required to provide similar accommodations for pregnancy-related limitations.
A common discriminatory move is:
“We offer light duty for workplace injuries only.”
That type of policy can still violate the law depending on the situation.
Retaliation Is Illegal Too
Even if an employer claims the issue isn’t “pregnancy,” retaliation is still unlawful.
Retaliation can include:
Termination
Demotion
Schedule changes
Discipline
Harassment
Sudden negative performance reviews
Cutting hours or pay
If an employee reports discrimination, asks for accommodations, or requests leave — the employer cannot punish them for it.
What To Do If You Think You’re Experiencing Pregnancy Discrimination
If you believe you are being discriminated against, the most important thing is to start documenting what’s happening.
Here are practical steps that help:
1. Write down dates and details
Track:
What happened
Who said what
When it occurred
Any witnesses
2. Save emails and texts
If communication is happening through:
Email
Slack
Text messages
HR portals
Save copies outside of your work device if possible.
3. Request accommodations in writing
Even a simple message helps create a record:
“My doctor has recommended I avoid lifting more than 25 pounds. Can we discuss temporary adjustments?”
4. Speak with an employment attorney
Pregnancy discrimination cases are extremely fact-specific. A lawyer can quickly assess:
Whether the law was violated
What evidence matters most
What the strongest legal claims may be
Final Thoughts
Pregnancy should not be treated as a workplace liability, inconvenience, or reason to push someone out.
The law protects pregnant employees from discrimination, harassment, and retaliation — and employers who ignore these protections can face serious legal consequences.
If you believe you’ve been treated unfairly because of pregnancy, childbirth, or a related medical condition, it may be worth speaking with an employment attorney to understand your options.
