
Pregnancy discrimination in the workplace is a serious issue that affects many women. According to the article, in the United States, pregnancy discrimination is prohibited by law under the Pregnancy Discrimination Act (PDA) of 1978.
One in five women experience pregnancy-related job loss or harassment. This can be devastating for a woman's career and financial stability.
The PDA requires employers to provide reasonable accommodations for pregnant employees, such as modified duties or temporary transfers. However, many women do not receive these accommodations due to lack of awareness or enforcement.
In addition to the workplace, pregnancy discrimination can also affect women's access to healthcare and social services.
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Pregnancy Discrimination Laws
The Pregnancy Discrimination Act of 1978 is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This law is an amendment to Title VII of the Civil Rights Act of 1964 and applies to employers with 15 or more employees.
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The law prohibits employers from treating employees or applicants differently because of pregnancy, childbirth, and related medical conditions. This means that employers cannot limit, segregate, or classify employees or applicants in a way that deprives them of employment opportunities.
The Pregnant Workers Fairness Act requires employers to make reasonable accommodations for employees who are pregnant or have related medical conditions. This includes providing accommodations such as restroom breaks, periodic rest, and special assistance with manual labor.
In some states, such as California, Oregon, and Massachusetts, there are additional laws that provide protections for pregnant workers. For example, California's Paid Family Leave (PFL) insurance program provides up to 8 weeks of partial pay to employees who take time off to bond with a new child.
Here are some key federal and state laws that prohibit pregnancy discrimination:
- Pregnancy Discrimination Act of 1978
- Family and Medical Leave Act (FMLA)
- Pregnant Workers Fairness Act (PWFA)
- Title VII of the Civil Rights Act of 1964
- Title I and V of the Americans with Disabilities Act of 1990
- Colorado Anti-Discrimination Act (CADA)
Note: Employers with 15 or more employees are covered under Title VII, while employers with one or more employees are covered under the Colorado Anti-Discrimination Act.
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Types of Pregnancy Discrimination
Pregnancy discrimination can manifest in many ways, and it's essential to be aware of these types of discrimination to protect yourself and others.
Employers cannot treat pregnant employees or applicants differently, but unfortunately, this happens. The most common patterns of pregnancy discrimination include refusing to hire pregnant people or laying them off shortly after learning of their pregnancy.
Here are some specific examples of pregnancy discrimination:
- The failure to equally promote pregnant people in the workplace
- Refusal to hire pregnant people or quickly laying them off after the employer gains knowledge they are pregnant
- “Releasing workers who take medical leave for pregnancy-related conditions”
- “Restricting pregnant people’s employment opportunities such as enforcing an involuntary leave because they are pregnant, limiting the number of hours that pregnant people are allowed to work, or not assigning them as many assignments because of their pregnant conditions”
- Employers creating clearances, often related to physical health, that are not required of workers who are not pregnant
- Appeasing non-pregnant people’s accommodations, but failing to provide pregnant people the accommodation
- Not allowing lactating mothers to return to the workplace
- Punishing employees who claim they or someone close to them experienced pregnancy discrimination
Harassment
Harassment is a serious form of pregnancy discrimination that can take many forms. Harassment is considered sex discrimination.
Pregnancy harassment can be so severe or pervasive that it alters the employment conditions and creates an abusive working environment. This can be an environment permeated with offensive slurs.
Some common patterns of harassment include refusing to hire pregnant people or laying them off quickly after learning they are pregnant. Employers may also create clearances related to physical health that are not required of non-pregnant workers.
Here are some examples of harassment:
- The failure to equally promote pregnant people in the workplace
- Restricting pregnant people's employment opportunities
- Not allowing lactating mothers to return to the workplace
- Punishing employees who claim they or someone close to them experienced pregnancy discrimination
Stereotype
A false and discriminatory stereotype is at the heart of pregnancy discrimination. This stereotype assumes that women are less desirable employees because they are likely to become pregnant.
The Pregnancy Discrimination Act is intended to address this stereotype. It's meant to protect women from being discriminated against based on their ability to perform their job duties because of pregnancy, childbirth, or related medical conditions.
Employers cannot make decisions based on stereotypes about a woman's ability or inability to work due to pregnancy. This includes any related medical conditions that may arise during or after childbirth.
Accommodations and Support
Under the Pregnant Workers Fairness Act, employers are required to accommodate a worker's known limitation related to pregnancy, childbirth, or related medical conditions, absent undue hardship. Employers cannot force a worker to take an accommodation without certain steps.
Workers may be entitled to accommodations under Title VII or the ADA. The PWFA also prohibits employers from requiring a worker to take leave if there is another accommodation that does not cause an undue hardship.
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Employers must make reasonable accommodations for qualified employees who are either pregnant or require child care resources. This includes accommodations such as modified duties, leave, or other reasonable adjustments.
Here are some resources for finding legal support:
- National Partnership for Women & Families: Know Your Rights: Pregnant Workers Fairness Act
- National Partnership for Women & Families: Attacks on the Pregnant Workers Fairness Act Threaten Nearly 3 Million Pregnant Workers
- EEOC: Information for Contacting Headquarters and Field Offices
- National Employment Lawyers Association: Find-A-Lawyer
- AAUW: Finding Legal Help
- A Better Balance: Helpline
Relevant State Law
Some states have enacted laws to protect pregnant workers and provide additional support. California's Paid Family Leave insurance program covers employees who take time off to bond with their own child or their registered domestic partner's child.
New York City, Philadelphia, and Washington D.C. have passed laws requiring employers to offer reasonable accommodations for pregnant workers. These laws vary, but some possible required accommodations include restroom breaks, periodic rest, and job restructuring.
In Oregon, the Family Leave Act allows eligible employees to take up to 12 weeks of unpaid leave for various reasons, including pregnancy disability leave. This law also covers parental leave, health conditions, and sick child leave.
The Colorado Anti-Discrimination Act prohibits discrimination based on pregnancy and applies to employers with one or more employees.
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Accommodations
Accommodations are a crucial part of supporting pregnant workers. Under the PWFA, an employer must accommodate a worker's known limitation related to pregnancy, childbirth, or related medical conditions, absent undue hardship.
Pregnant workers may be entitled to various accommodations, including modifications to their job duties or work schedule. The PWFA prohibits an employer from forcing a worker to take an accommodation, absent certain steps.
Some pregnant workers may also be entitled to accommodations under Title VII or the ADA. These laws provide additional protections and rights for pregnant workers.
Pregnant transgender and nonbinary workers can also benefit from the PDA. An estimated 1.3 million transgender adults and 1.2 million LGBTQ nonbinary adults live in the United States, many of whom have or will become pregnant.
In addition to federal laws, some state laws provide additional protections for pregnant workers. These laws may include accommodations for pregnant workers, unpaid and paid job-protected leave, protections from discrimination, and additional rights regarding lactation.
The Pregnant Workers Fairness Act (PWFA) requires that employers make reasonable accommodations for any and all qualified employees who are either pregnant or require child care resources. This bill sets forward procedures to enforce the law and protect pregnant employees from discriminatory practices.
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Time Limits

Time Limits are crucial to keep in mind when seeking Accommodations and Support. 180 days to file a charge is a common timeframe, although some state laws may extend this period.
Federal employees have a shorter window to contact an EEO Counselor, with just 45 days to initiate the process.
If you're unsure about the specific time limits that apply to your situation, be sure to check the relevant state laws or consult with a qualified expert.
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Making Life Better for Women and Families
Making life better for women and families requires understanding the laws that protect them. The Pregnancy Discrimination Act of 1978 is a federal law that prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Employers with 15 or more employees must comply with this law, which covers pregnant women whose physical condition qualifies them for disability leave under company policy. The law also applies to pregnancy, potential pregnancy, or medical conditions related to pregnancy or childbirth.

The Pregnant Workers Fairness Act requires employers to make reasonable accommodations for pregnant employees, including providing accommodations such as modified duties, leave, or equipment. This law is enforced by the US Department of Labor's Wage and Hour Division.
Pregnant workers and new parents may also have additional rights under the Family and Medical Leave Act (FMLA), which provides job-protected leave for certain family and medical reasons. The FMLA is enforced by the US Department of Labor's Wage and Hour Division.
Some state laws, such as the Colorado Anti-Discrimination Act, provide additional protections for pregnant workers, including accommodations for pregnant workers, unpaid and paid job-protected leave, and protections from discrimination.
Here are some resources for finding legal support and information on pregnancy rights in the workplace:
- National Partnership for Women & Families: Know Your Rights: Pregnant Workers Fairness Act
- National Partnership for Women & Families: Attacks on the Pregnant Workers Fairness Act Threaten Nearly 3 Million Pregnant Workers
- EEOC: Information for Contacting Headquarters and Field Offices
- National Employment Lawyers Association: Find-A-Lawyer
- AAUW: Finding Legal Help
- A Better Balance: Helpline
Consequences and Actions
In some cases, pregnancy discrimination can lead to severe consequences for women in the workplace. Merck laid off several employees, including Ms. Mountis, just a few weeks before her due date.
Ms. Mountis was eventually demoted to a lower-paying job with less bonus potential. She tried to make the best of it, but the demotion was a significant setback.
The lawsuit against Merck, which now covers roughly 3,900 women, alleges that the company paid women less than men and denied them professional opportunities.
Consequences and Actions
Pregnancy discrimination can have serious consequences for women in the workplace. An employer cannot treat an employee or applicant differently because of pregnancy, childbirth, and related medical conditions.
Discriminatory actions can lead to lost momentum in a woman's career. For example, a woman who took maternity leave may be demoted or laid off, making it difficult to get back on track.
Retaliation is also a serious consequence of pregnancy discrimination. Employers cannot retaliate against workers for participating in the equal employment opportunity process or opposing any practice made unlawful under anti-discrimination laws.
Protected activity includes filing a complaint of pregnancy discrimination with the employer, filing a charge of discrimination with a federal or state government agency, or participating in an investigation of a discrimination complaint.
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If you experience pregnancy discrimination, you can take action by filing a charge of discrimination with the EEOC or your state's civil rights agency or fair employment office.
Accommodations are also a crucial aspect of pregnancy discrimination. Under the PWFA, an employer must accommodate a worker's known limitation related to pregnancy, childbirth, or related medical conditions, absent undue hardship.
Here are some steps you can take if you face discrimination in hiring:
- Write down what happened
- File a complaint with the EEOC or your state's civil rights agency or fair employment office
- Consider filing a lawsuit
If you face discrimination at work, you can:
- Write down what happened
- Review the company's policy regarding how to file complaints and discrimination claims
- Discuss the discriminatory incident or consequence with your supervisor or someone in your personnel or human resources department
- File a formal complaint through your employer
- File a complaint with the EEOC or your state's civil rights agency or fair employment office
Here are some resources to help you understand your rights and take action:
- National Partnership for Women & Families: Know Your Rights: Pregnant Workers Fairness Act
- EEOC: Information for Contacting Headquarters and Field Offices
- National Employment Lawyers Association: Find-A-Lawyer
- AAUW: Finding Legal Help
- A Better Balance: Helpline
Trump Administration Cuts Birth Control Office
The Trump Administration's cuts to the birth control office have had significant consequences. The Office of Population Affairs, a part of the Department of Health and Human Services, was decimated in layoffs.
In October 2025, The New York Times reported on the layoffs, which were part of a larger effort by President Donald Trump to fire federal employees. The administration's actions were aimed at reducing the office's workforce.
This move was a significant blow to reproductive health services and access to birth control.
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Learn More & Get Legal Support
If you're facing pregnancy discrimination, it's essential to know your rights and find the right support. The National Partnership for Women & Families is a great resource, with information on the Pregnant Workers Fairness Act.
You can visit their website to learn more about your rights and find legal support. The National Partnership for Women & Families also keeps track of attacks on the Pregnant Workers Fairness Act, which can affect nearly 3 million pregnant workers.
If you need to contact the EEOC, you can find their headquarters and field offices through their website. The National Employment Lawyers Association is another valuable resource, with a "Find-A-Lawyer" tool to help you find an attorney.
The American Association of University Women (AAUW) also offers guidance on finding legal help. A Better Balance has a helpline that can provide you with more information and support.
Here are some resources to consider:
- National Partnership for Women & Families: Know Your Rights: Pregnant Workers Fairness Act
- National Partnership for Women & Families: Attacks on the Pregnant Workers Fairness Act Threaten Nearly 3 Million Pregnant Workers
- EEOC: Information for Contacting Headquarters and Field Offices
- National Employment Lawyers Association: Find-A-Lawyer
- AAUW: Finding Legal Help
- A Better Balance: Helpline
You can also download the PDF "Pregnancy Rights in the Workplace" for more information.
Real-World Examples and News
Pregnancy discrimination is a serious issue that affects many women in the workplace.
A study cited in our previous section found that 41% of pregnant women reported being subjected to some form of pregnancy-related harassment or discrimination at work.
In 2019, a California court ruled that a woman who was fired from her job after disclosing her pregnancy was entitled to damages for pregnancy discrimination.
Pregnant women are protected by laws such as the Pregnancy Discrimination Act, which prohibits employers from discriminating against employees based on pregnancy.
A survey of over 1,000 pregnant women found that 75% reported experiencing some form of workplace harassment or intimidation during their pregnancy.
The US Equal Employment Opportunity Commission (EEOC) received over 5,000 complaints of pregnancy discrimination in 2019 alone.
Many women experience pregnancy-related absences due to medical conditions such as gestational diabetes or hypertension, which can lead to difficulties in managing work responsibilities.
A study found that women who experienced pregnancy-related absences were more likely to experience career setbacks and reduced job opportunities.
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International Perspectives
In the European Union, pregnancy discrimination is considered a form of sex discrimination, and employers are not allowed to treat pregnant women less favorably.
The European Court of Justice has made it clear that pregnancy discrimination is unlawful, and employers must not discriminate against pregnant women in any way.
A woman in the EU is protected from being dismissed or having her contract not renewed just because she's pregnant or on maternity leave.
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European Union
In the European Union, pregnancy discrimination is considered a form of sex discrimination, and is therefore unlawful.
The European Court of Justice has made it clear that women who are pregnant are protected at job interviews, and it's not their fault if they don't disclose their pregnancy during the interview process.
A woman in the Tele Danmark case was not held at fault for not telling her employer she was pregnant during an interview, despite knowing she was pregnant.
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The European Union also prohibits any detriment or dismissal in connection with a period of sickness during pregnancy or maternity leave.
In the Webb v EMO Air Cargo (No 2) case, a woman was dismissed because she attempted to take pregnancy leave, but had not disclosed this to her employer when hired.
Women in the European Union have the right to shorten their maternity leave and return to work when they become pregnant again, even if they're not fully able to carry out all their normal job functions.
A study in The Netherlands found that 43% of active women experienced discrimination related to pregnancy or motherhood.
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Cambodia
Cambodia's garment industry is a prime example of the challenges faced by pregnant women in the workplace. Discrimination against pregnant workers is rampant, with many being forced to choose between their jobs and their health.
In Cambodia, abortion was legalized in 1997, but many women are unaware of this fact, with 9 out of 10 believing it's still illegal. This lack of knowledge has led to many women undergoing unsafe abortions.
Pregnant women in Cambodia often face significant barriers to accessing safe and legal abortion services. According to "Women's Health Cambodia", more than 90% of garment workers did not know abortion was legal.
The laws in Cambodia provide pregnant women with three months of maternity leave and maternity pay, but this is often not enforced. In fact, many pregnant workers are given fixed-duration contracts (FDCs) that are shortened to avoid providing maternity pay or healthcare.
Here are some key statistics on the situation in Cambodia:
- 18% of 900 garment workers had an abortion
- Almost 75% of women do not know where to seek a safe abortion
- More than 90% of garment workers do not know abortion is legal
As a result, many pregnant women in Cambodia are forced to choose between their jobs and their health, highlighting the need for greater protections and support for working women.
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