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Pregnancy discrimination remains a persistent issue despite legal safeguards like the Pregnancy Discrimination Act (PDA) of 1978. The Equal Employment Opportunity Commission (EEOC) reports 2,273 recorded cases of pregnancy discrimination in 2022 alone.
This discrimination impacts career growth and poses health risks for mothers and babies. Knowing your rights, recognizing the signs and taking action can help you respond if you believe you're experiencing pregnancy discrimination.
Statistics on Pregnancy Discrimination in the Workplace
Despite its illegality, pregnancy discrimination persists. According to a 2022 survey with a sample size of 2,200 adults:
20% of mothers reported experiencing workplace discrimination due to pregnancy.
Nearly 1 in 4 mothers (23%) have considered quitting due to lack of support or fear of discrimination, most notably among those aged 18-34 at 32%.
Overall, 21% hesitated to announce their pregnancy at work due to fear of discrimination or retaliation.
Pregnancy discrimination is unfair treatment at work due to pregnancy, childbirth or related medical conditions. This discrimination ranges from overt actions like job termination to subtler forms like social exclusion or being excluded from key projects. Discrimination can happen swiftly—you might be fired when your employer learns you're pregnant.
Pregnancy discrimination's impact extends beyond career setbacks, creating immediate and long-term financial and health burdens. Loss of income affects parents' ability to manage the costs of having a baby. A 2020 Baylor University study linked pregnancy discrimination to increased risks of postpartum depression in mothers and adverse health outcomes for babies.
Despite a decline in reported cases from 4,029 in 2010 to 2,273 in 2022, pregnancy discrimination remains a pressing issue, with an average of 3,206 complaints each year over the past 12 years. In 2022, 2,104 claims were resolved, resulting in total monetary benefits of $12 million.
While average settlement amounts for cases that reach litigation vary, some notable examples provide insight. Rainbow USA, Inc. had to pay an $11,000 settlement after firing a manager for being pregnant. In February 2020, Orlando Float, a massage therapy company, settled for $27,000 after terminating an employee due to her pregnancy.
Federal and state laws, including Title VII, the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act, protect workers against pregnancy discrimination in various employment aspects. Understanding your rights under these laws helps you recognize and address discrimination in your workplace.
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Employers must treat pregnant employees the same as those temporarily disabled, offering equal opportunities in hiring, promotions and benefits. The PDA covers a range of situations:
The law applies to employers with 15 or more employees. If you experience discrimination, you have a 180-day window to file a complaint with the EEOC, which may be extended depending on state laws. Federal employees should consult an EEO Counselor within 45 days of experiencing discrimination.
For workplaces with fewer than 15 employees, consult your regional Department of Labor Women’s Bureaufor state-specific protections. Filing a PDA complaint protects you against employer retaliation.
The Pregnant Workers Fairness Act (PWFA) is a recent law set to take effect on June 27, 2023. It mandates that covered employers provide "reasonable accommodations" for limitations related to pregnancy, childbirth or associated medical conditions unless it imposes an "undue hardship" on the employer.
Designed to enhance the protections offered by the Pregnancy Discrimination Act, the PWFA applies specifically to accommodations. It covers private and public sector employers with at least 15 employees, including Congress, federal agencies, employment agencies and labor organizations.
The Americans with Disabilities Act (ADA) doesn't classify pregnancy as a disability. Complications from pregnancy that substantially limit major life activities may qualify as disabilities.
Employers must then provide reasonable accommodations on a case-by-case basis. The ADA also requires that pregnancy-related medical records be kept confidential and separate from other employee files.
The Family and Medical Leave Act (FMLA) offers additional protection for pregnant workers and new parents. If you've been with your employer for at least a year, you may be eligible for up to 12 weeks of leave for childbirth or caring for a new child.
This applies to private companies with 50 or more employees and all public agencies and schools, regardless of size.
Currently, 47 states, along with Washington, D.C., have enacted laws to protect workers from pregnancy discrimination in the workplace. Five states—Alabama, Indiana, Nevada, North Carolina and South Dakota—don't offer additional protections beyond federal law, while Georgia and Mississippi extend protections solely to state employees.
These laws generally align with the federal Pregnancy Discrimination Act and usually apply to employers with a certain number of employees, although this threshold varies by state.
Some states have expanded protections for pregnant workers. Certain exemptions exist, such as religious organizations and private clubs in some states being exempt from these laws. Resources like the Pregnancy Rights Map by Legal Momentum provide detailed information for specific state laws.
Beyond federal laws, states often provide additional protections, such as extended parental leave or specific accommodations for pregnancy-related conditions. Consult your state's Department of Labor website to fully understand your legal rights.
Pregnancy discrimination can occur in any workplace. You're not obligated to disclose your pregnancy. Employers can't inquire about it or your plans to have children. Recognizing the signs and understanding your rights are essential to combat this discrimination. Here are some of the most common examples.
It's illegal to refuse to hire a candidate solely because they're pregnant as long as they can perform the job. Employers must apply the same hiring criteria to all applicants, regardless of pregnancy status. Under the Pregnancy Discrimination Act, if you're pregnant and temporarily unable to perform your job, you're entitled to the same accommodations as any other temporarily disabled employee—alternative assignments, modified tasks, or disability leave.
The Pregnancy Discrimination Act (PDA), reinforced by the Pregnant Workers Fairness Act (PWFA), requires employers to provide reasonable accommodations to pregnant employees.
A 2014 report by Childbirth Connection says common adjustments include bathroom breaks, schedule changes for prenatal visits, less lifting and more sitting. Despite the clear need for these accommodations, many pregnant workers don't request them, often due to fear of repercussions or refusal. Denying such requests is discrimination.
In the workplace, pregnancy discrimination can be subtle yet harmful. Employers or coworkers may undervalue your contributions or lower expectations for your performance due to your pregnancy. Harassment from colleagues, including derogatory comments about your condition, can increase both the emotional and financial pressures on pregnant workers and their families.
Title VII of the Civil Rights Act mandates that employer-provided health insurance cover pregnancy-related expenses like other medical conditions. Exceptions include abortion costs unless the mother's life is at risk. Employers must extend the same health benefits to spouses, regardless of gender and can't limit pregnancy-related benefits to married employees. Any benefits available during leaves of absence must also be accessible during pregnancy-related leaves.
Pregnancy discrimination often intensifies when it intersects with other factors like race, ethnicity or economic status. For example, a 2020 study revealed that Black pregnant women often experience “gendered racism,” also known as racialized pregnancy stigma.
This stigma manifests through harmful stereotypes that devalue Black pregnancies and make unfounded assumptions such as attributing low income, single parenthood or multiple children to these women, regardless of their socioeconomic status. This compounded bias can create added emotional and mental strain for pregnant women.
Responding to pregnancy discrimination requires individual and collective action. If you or a coworker experience discrimination, the first step is to report it to your company's human resources department.
If the issue remains unresolved, consider consulting an employment lawyer. You also have the right to file a charge with the EEOC. These steps help you defend your rights and foster a fairer workplace.
If you suspect you're experiencing pregnancy discrimination, start by capturing all relevant evidence, such as emails, text messages and official documents that support your claim.
Keep a detailed log of incidents, including dates, times, people involved and any witnesses. This detailed record will be invaluable when you file with the EEOC and provides the basis for an official investigation.
Start by reporting pregnancy discrimination to your company's HR department, following the guidelines in your employee handbook. If this doesn't resolve the issue, consider escalating to external agencies like the EEOC or your state's labor board. The EEOC offers multiple pathways for resolving your complaint.
The process can start with mediation for both parties to reach a quicker settlement. If this fails, the EEOC proceeds with a thorough investigation. Based on the findings, the agency may initiate a conciliation process.
If discrimination persists despite internal and EEOC efforts, consult an employment lawyer for next steps. Before considering legal action, you must file a complaint with either the EEOC or your state's Fair Employment Practices Agency (FEPA). These agencies can guide you even without legal consultation.
Contact an EEO Counselor within 45 days of the incident for additional guidance and possible mediation. For more details, consult your organization's EEO or Civil Rights Office.
If your situation remains unresolved after engaging with the EEOC or your company's HR department, it may be time to seek legal assistance. Start by researching attorneys specializing in employment law, particularly those with experience in pregnancy discrimination cases.
Use lawyer referral services offered by organizations like the American Bar Association to find qualified legal representation. Online resources such as FindLaw or Avvo can also help search for lawyers by specialization and location.
Select a lawyer who understands your circumstances and with whom you feel comfortable. Most lawyers offer free initial consultations, which can be a valuable opportunity to determine if they're the right fit for your case.
Coping with discrimination can be emotionally taxing. Lean on a support system of colleagues, friends and family. Joining support groups or professional networks can offer invaluable advice. Prioritize self-care to manage stress and assess your work-life balance to ensure your well-being during pregnancy.
Here are some resources you can check out to better understand your rights during pregnancy and avoid discrimination at work.
About Anja Solum, CEPF
Anja Solum is a certified educator in personal finance and the Data Journalism Manager at MoneyGeek. For over six years, she has produced data analyses and studies for agency and in-house teams across multiple verticals.
Solum holds a bachelor's degree in communication arts from Florida International University. She's passionate about using data to tell compelling, informed stories that empower readers.
