The Pregnancy Discrimination Act of 1978 (PDA) is a federal law that makes it illegal for covered employers to discriminate against workers based on pregnancy, childbirth, or related medical conditions. It works by amending Title VII of the Civil Rights Act of 1964 to define discrimination "on the basis of sex" to include pregnancy, so pregnant workers must be treated the same as other employees who are similar in their ability or inability to work. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the PDA.
In plain terms: an employer generally cannot fire you, refuse to hire you, deny you a promotion, cut your hours, or push you out simply because you are pregnant, recently gave birth, or have a pregnancy-related condition. This is general information to help you understand your rights, not legal advice for your specific situation.
What the PDA actually covers
The PDA applies to employers with 15 or more employees, the same coverage threshold as the rest of Title VII. That includes most private companies, state and local governments, employment agencies, and labor unions. Smaller employers are not covered by the federal PDA, but many state laws cover smaller workplaces, so this varies by state.
The law protects you across the full range of employment decisions, including:
- Hiring - an employer cannot refuse to hire you because you are pregnant or because of stereotypes about pregnant workers.
- Firing and layoffs - pregnancy cannot be a reason for termination, and you cannot be singled out in a layoff because you are pregnant or on leave.
- Pay, promotions, and assignments - you must be treated the same as comparable non-pregnant workers.
- Leave and benefits - if an employer lets workers with other temporary medical conditions take leave or modified duties, it generally must offer the same to pregnant workers.
- Health insurance - employer health plans must cover pregnancy-related conditions the same way they cover other medical conditions.
- Harassment - it is unlawful to harass someone because of pregnancy, childbirth, or related conditions when it becomes severe or pervasive.
Importantly, the PDA also protects conditions related to pregnancy and childbirth, which can include things like lactation and breastfeeding, recovery from childbirth, and medical conditions arising from pregnancy. It also protects decisions related to pregnancy, and the EEOC has taken the position that it covers having or not having an abortion.
The "treat them the same" rule
The heart of the PDA is comparison. The law does not require an employer to give pregnant workers special treatment in the abstract. Instead, it requires that pregnant workers be treated at least as well as other employees who are similar in their ability or inability to work.
For example, if an employer offers light duty, flexible schedules, unpaid leave, or temporary reassignment to workers recovering from surgery or injured on the job, it generally must offer those same accommodations to a worker who is temporarily limited by pregnancy. A landmark Supreme Court case, Young v. United Parcel Service (2015), clarified that an employer can violate the PDA if it accommodates large numbers of non-pregnant workers with limitations but refuses to accommodate pregnant workers, without a strong, legitimate justification.
How the PDA fits with other federal laws
The PDA is one piece of a larger framework. Several other federal laws often apply at the same time, and the strongest protection for you may come from whichever law fits your facts best.
The Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act took effect in June 2023 and goes further than the PDA. While the PDA mainly requires equal treatment, the PWFA affirmatively requires covered employers (those with 15 or more employees) to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship. That can include things like extra bathroom breaks, a stool to sit on, a water bottle, schedule changes, light duty, or time off to recover. The EEOC enforces the PWFA too. If you need an accommodation, the PWFA is often the most direct tool.
The PUMP Act and nursing mothers
The PUMP for Nursing Mothers Act, enforced by the U.S. Department of Labor Wage and Hour Division under the Fair Labor Standards Act (FLSA), requires most employers to provide reasonable break time and a private, non-bathroom space for employees to express breast milk. This protection extends to many more workers than earlier law did.
The Family and Medical Leave Act (FMLA)
The FMLA, also enforced by the U.S. Department of Labor, can provide up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn and for serious health conditions, including pregnancy complications. The FMLA applies to employers with 50 or more employees and to workers who meet length-of-service and hours requirements, so not everyone qualifies. The FMLA is about leave; the PDA and PWFA are about discrimination and accommodation. They often overlap.
The Americans with Disabilities Act (ADA)
Pregnancy itself is not a disability, but pregnancy-related conditions (such as gestational diabetes, preeclampsia, or certain complications) can qualify as disabilities under the ADA. When they do, the ADA's accommodation and non-discrimination protections apply, enforced by the EEOC.