Yes, in most cases you can sue your employer for pregnancy discrimination. Under federal law it is illegal for employers with 15 or more employees to treat you unfavorably because you are pregnant, have given birth, or have a related medical condition. Before you can file most pregnancy discrimination lawsuits, though, you first have to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or your state's equivalent agency, and strict deadlines apply.
This article walks through what counts as pregnancy discrimination, the laws that protect you, examples and cases workers have won, and the practical steps to take if you think your rights were violated. This is general information, not legal advice for your specific situation.
What Laws Protect Pregnant Workers?
Several federal laws work together to protect you. Knowing which one applies helps you understand your options.
- Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA), makes it illegal to discriminate based on pregnancy, childbirth, or related medical conditions. This covers hiring, firing, pay, promotions, job assignments, layoffs, training, benefits, and any other term of employment. It applies to employers with 15 or more employees and is enforced by the EEOC.
- The Pregnant Workers Fairness Act (PWFA), which took effect in 2023, requires covered employers (15 or more employees) to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so causes undue hardship. This is also enforced by the EEOC. Accommodations can include things like extra bathroom breaks, a stool to sit on, a temporary transfer to lighter duty, or time off to recover.
- The PUMP Act and related provisions of the Fair Labor Standards Act (FLSA) require most employers to provide reasonable break time and a private space (not a bathroom) for nursing employees to express breast milk. The U.S. Department of Labor's Wage and Hour Division enforces these rules.
- The Americans with Disabilities Act (ADA) can apply when pregnancy causes a related medical condition that qualifies as a disability, such as gestational diabetes or preeclampsia. The ADA requires reasonable accommodations and is enforced by the EEOC.
- The Family and Medical Leave Act (FMLA) gives eligible employees at covered employers up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn, among other reasons. It generally applies to employers with 50 or more employees, and you must have worked there long enough to qualify. The Department of Labor enforces it.
State and local laws often go further. Many states protect workers at smaller employers (sometimes those with just one or a handful of employees), require paid family leave, mandate pregnancy accommodations, or give you longer windows to file. Because this varies widely by state, check your state labor department or a local employment attorney for the specific rules where you work.
What Counts as Pregnancy Discrimination? Real Examples
Pregnancy discrimination is not always obvious. It can be a blunt comment or a quiet pattern of decisions. Common examples include:
- Firing or demoting you after you announce your pregnancy, or shortly after you return from maternity leave.
- Refusing to hire a qualified applicant because she is visibly pregnant or mentions she is planning to have children.
- Denying a reasonable accommodation that is routinely given to other workers with similar limitations, such as light duty for someone who is injured but not for someone who is pregnant.
- Forcing you onto leave when you are willing and able to keep working.
- Cutting your hours, pay, or commissions, or passing you over for a promotion or good assignments, after learning you are pregnant.
- Harassment, such as repeated negative comments about your pregnancy that create a hostile work environment.
- Retaliation for requesting accommodations, taking protected leave, or complaining about discrimination. Retaliation is a separate violation, and these claims are often the strongest because the timing is easy to show.
Pregnancy Discrimination Cases Workers Have Won
Workers and the EEOC have secured significant settlements and verdicts. While every case turns on its own facts, these examples show that claims do succeed:
- The EEOC has resolved numerous lawsuits where employers fired or refused to accommodate pregnant workers, resulting in settlements ranging from tens of thousands to several hundred thousand dollars, plus policy changes and training.
- Cases involving managers who rescinded job offers after learning of a pregnancy, or who denied light-duty work that was freely offered to non-pregnant employees, have produced favorable outcomes for workers.
- Retaliation cases, where an employee was disciplined or terminated soon after requesting leave or an accommodation, frequently settle in the worker's favor because the close timing is persuasive evidence.
What these wins have in common is documentation: dated records, witnesses, written policies the employer ignored, and evidence that similar non-pregnant workers were treated better. The strength of your evidence matters more than how outrageous the conduct sounds.