Pregnancy Discrimination: Your Legal Rights Explained

 

​​What Is Pregnancy Discrimination?

​Pregnancy discrimination occurs when an employee or job applicant is treated unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. This type of discrimination is not only unethical—it is illegal under federal and many state laws.

​

​Common Examples in the Workplace

• A qualified applicant is passed over for a job because the employer assumes she won’t return after giving birth.

• An employee is denied light-duty work despite a doctor’s recommendation, while others with temporary disabilities receive accommodations.

• A pregnant worker is excluded from important meetings or projects due to assumptions about her commitment.

• An employee returning from maternity leave finds her position has been eliminated without valid reason.

​​​​

Common Questions around Pregnancy Discrimination ​

​Pregnancy should be a joyous journey, not a source of workplace anxiety.  Understanding your rights is the first step toward ensuring fair treatment.  Below are some common questions surrounding pregnancy discrimination in the workplace.  

​

• Is it illegal to fire someone for being pregnant?

• What are my rights if I'm pregnant at work?

• How can I report pregnancy discrimination to HR?

• What is the EEOC pregnancy discrimination filing process?

• What laws protect pregnant employees (e.g., "Pregnancy Discrimination Act," "PWFA," "FMLA")?

• What are examples of pregnancy discrimination in the workplace?

• What constitutes pregnancy harassment at work?

• Am I being retaliated by my employer for pregnancy leave?

• What are my breastfeeding rights at work?

   Hiring and On-the-Job Treatment

• Can an employer refuse to hire me because I am pregnant?

• Can my employer ask if I am pregnant or plan to have children during a job interview?

• Can my job responsibilities be changed or can I be demoted because I'm pregnant?

   Workplace Accommodations

• Am I entitled to workplace accommodations during my pregnancy?

• What are some examples of reasonable accommodations?

• Does my employer have to grant the specific accommodation I request?

    Leave and Returning to Work

• Am I entitled to leave for my pregnancy and childbirth?

• Can I be fired or replaced while on maternity leave?

• Does my employer have to provide paid maternity leave?

   Harassment and Retaliation

• What constitutes pregnancy-based harassment?

• What should I do if I believe I am being discriminated against or harassed?

​

Federal and State Laws Protecting Pregnant Workers

Under the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are prohibited from:

• Refusing to hire someone because they are pregnant

• Firing or demoting an employee due to pregnancy

• Denying promotions, benefits, or job assignments

• Forcing leave when the employee is able and willing to work

• Failing to accommodate pregnancy-related conditions (similar to accommodations for other medical issues)

Additionally, under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA), employees may be entitled to reasonable accommodations and protected leave.

​​​​

Steps to Take if You Experience Discrimination

If you believe you've been discriminated against because of pregnancy, take these steps:

• Document Everything – Keep records of conversations, emails, and decisions related to your work or leave.

• Review Company Policy – Check your employee handbook for policies on discrimination, leave, and accommodations

• Report Internally – Use your company’s HR or compliance channels to report the issue.

• Seek Legal Advice – Consult an employment attorney  to understand your rights and next steps.

​​

Legal Help for Pregnancy Discrimination Cases

Whether you’re experiencing pregnancy discrimination or simply want to know your rights, The Law Office of Joshua P. Frank, PLLC is here to guide and support you.  The firm provides free legal consultations, legal representation, employer policy reviews and more.  Call The Law Office of Joshua P. Frank, PLLC at 516-416-4444 for a free consultation.  

​​​