Pregnancy Discrimination and Accommodation at Work

The federal rules that bar firing or demoting a worker for pregnancy, require reasonable accommodations for pregnancy-related limitations, and protect break time and a private space to pump breast milk, plus how to file a charge.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Discrimination law firms.

What it means

The Pregnancy Discrimination Act made discrimination because of pregnancy, childbirth or related medical conditions a form of sex discrimination under Title VII. An employer with 15 or more employees may not refuse to hire, fire, demote or cut the hours of a worker because she is pregnant, and must treat her the same as other workers who are similar in their ability or inability to work. In Young v. United Parcel Service the Supreme Court held that a policy accommodating many other workers but not pregnant workers can be discriminatory unless the employer has a sufficiently strong reason.

The Pregnant Workers Fairness Act, in force since June 2023 and covering the same employers, goes further: it requires reasonable accommodations for known limitations related to pregnancy, childbirth or related conditions unless the accommodation would cause undue hardship. Examples include more frequent breaks, sitting instead of standing, light duty, temporary relief from lifting or other essential functions, schedule changes, and time off for prenatal appointments or recovery. An employer may not force a worker onto leave when another accommodation would work, and may not retaliate against a request. Separately, the PUMP Act requires most employers to give reasonable break time and a private place, other than a bathroom, to express breast milk. FMLA leave and many state laws add job-protected leave, and several states require accommodations of employers smaller than the federal threshold.

A worker who is treated unfairly should put accommodation requests in writing and keep copies. A federal claim starts with a charge filed with the Equal Employment Opportunity Commission or a state fair employment agency within a short deadline, before any lawsuit (see employment discrimination and workplace retaliation).

Where this comes from

When people hire a lawyer for this

Many accommodation problems are solved by a written request that cites the law. An employment lawyer is worth calling if you were fired, demoted or pushed onto unpaid leave, if a request was refused, or before you sign a severance agreement, and the EEOC filing deadline makes it important to call early. Many employment lawyers take these cases on contingency.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Related terms

Entries on the same subject:

• Employment DiscriminationWhich traits federal law protects at work, which employers each law covers, the main kinds of discrimination claim, and what a court can order.

Other entries in the same area of law, each written from the same primary sources.

• At-Will Employment and Wrongful TerminationThe default rule that an employer may end employment for any reason or none, and the exceptions that make some firings unlawful.
• ERISA Benefit Claim Denial (Disability, Health and Pension Plans)The federal rules for appealing, and then suing over, a denied claim under an employer-sponsored disability, health, life or retirement plan.
• FELA Railroad Worker Injury ClaimThe federal law that lets an injured railroad employee sue the railroad for negligence instead of receiving workers' compensation.
• Final Paycheck and Unpaid Wage ClaimsWhen an employer must pay your last wages after you quit or are fired, whether unused vacation counts as wages, and how to recover pay you are owed through a state labor agency or a lawsuit.
• FMLA Leave (Family and Medical Leave Act)A federal right to unpaid, job-protected leave for a serious health condition, a new child, or a family member's serious illness, with health coverage kept in place.
• Overtime and Minimum Wage (FLSA)The federal floor for pay: a minimum hourly wage, and time and a half for hours over forty in a workweek, unless the job is exempt.
• Severance AgreementWhat a severance agreement trades, which claims it can and cannot release, the special rules for workers aged 40 and over, and the clauses worth reading twice.
• Sexual Harassment at WorkUnwelcome sexual conduct at work that is a condition of the job or creates a hostile environment, a form of sex discrimination under Title VII.
• Unemployment Benefits (Unemployment Insurance)State-run insurance that pays part of a worker's lost wages after a job ends through no fault of their own, decided by a state agency with a right to a hearing.
• Union and Concerted Activity Rights (NLRA)The right of most private-sector employees to organize, join a union, or act together about pay and conditions without a union, and how unfair labor practices are charged.
• Whistleblower Claims and Qui Tam (False Claims Act)Laws that protect, and in some cases reward, people who report fraud against the government or other violations, including private qui tam suits under the False Claims Act.
• Workplace Safety Complaints (OSHA)The federal right to a safe workplace, how a worker files a confidential OSHA complaint, the narrow right to refuse dangerous work, and protection against retaliation.

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