Pregnancy should be a time of anticipation. Not anxiety about your career.
Yet too many employees face unfair treatment the moment they share news of their pregnancy with an employer. We’ve seen it happen to hardworking professionals across industries. Demotions. Sudden schedule changes. Comments about “commitment.” Sometimes, outright termination.
If this sounds familiar, you’re not alone.
Understanding Your Rights Under Federal Law
Our friends at Exhibit G Law Firm discuss pregnancy discrimination extensively in their guidance materials. A pregnancy discrimination lawyer can help you understand how these protections apply to your specific situation.
The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This law applies to employers with 15 or more employees. Under the PDA, your employer cannot:
- Refuse to hire you because you’re pregnant
- Fire you or demote you due to pregnancy
- Deny you the same benefits available to other employees
- Force you to take leave when you’re able to work
- Treat you differently than other temporarily disabled employees
More recently, the Pregnant Workers Fairness Act (PWFA), which took effect in June 2023, requires employers to provide reasonable accommodations for pregnancy-related limitations. This was a significant step forward. According to the EEOC’s official guidance, covered employers must now engage in an interactive process to identify accommodations unless doing so would cause undue hardship.
Recognizing the Warning Signs
Discrimination isn’t always obvious. Sometimes it’s subtle. A pattern emerges over time.
Watch for these red flags:
- Negative comments about your pregnancy or future childcare responsibilities
- Being excluded from meetings or projects you previously handled
- Receiving a poor performance review shortly after announcing your pregnancy
- Having your job responsibilities reduced without explanation
- Overhearing discussions about replacing you
Document everything. Dates, times, witnesses, exact quotes when possible. This information becomes invaluable if you need to pursue a claim.
What Reasonable Accommodations Look Like
Many pregnant employees simply need minor adjustments to continue performing their jobs effectively. Reasonable accommodations might include more frequent bathroom breaks, a temporary change in schedule for medical appointments, permission to sit instead of stand, or light duty assignments.
Your employer should work with you to find solutions. If they refuse outright or retaliate against you for asking, that’s a problem.
When to Seek Legal Help
Not every workplace conflict rises to the level of illegal discrimination. But some situations clearly do.
Consider speaking with a pregnancy discrimination attorney if you’ve been terminated after announcing your pregnancy, denied a reasonable accommodation without legitimate justification, or subjected to harassment related to your condition. The same applies if you’ve been passed over for a promotion you were qualified for or pressured to resign.
Timing matters. Federal claims typically must be filed with the EEOC within 180 days of the discriminatory act, though some state laws provide longer windows. Waiting too long can limit your options.
Building a Strong Case
We approach these cases methodically. Evidence matters.
Your documentation should include any written communications with your employer about your pregnancy, performance reviews before and after your announcement, witness names, and records of any complaints you filed internally. Medical records showing your ability to work with accommodations can also strengthen your position.
An attorney who handles pregnancy workplace discrimination cases regularly will know what evidence carries weight and how to present it effectively.
Moving Forward
Facing discrimination during pregnancy is stressful. You’re dealing with physical changes, preparing for a new chapter in your life, and suddenly questioning your job security. That’s a lot.
But you have rights. Federal and state laws exist specifically to protect workers like you.
If you believe you’ve experienced pregnancy discrimination, we encourage you to reach out to a qualified attorney who can review your situation and explain your options. Understanding where you stand is the first step toward protecting your career and your family.