There are cases when pregnant employees or applicants are treated unfavorably due to their condition. This is called pregnancy discrimination. According to a report from the US Equal Employment Opportunity Commission, they have recorded 88,531 new charges of discrimination in 2024. This statistic marks an increase of over 9% ahead of the previous year.
To protect pregnant women in the workforce, the federal law prohibits discrimination against them through the Pregnancy Discrimination Act. Under this legislation, employers are prohibited from taking adverse action against a woman on account of her pregnancy, regardless of the woman's position in her employment.
Let’s review a number of cases that could be categorized under cases of pregnancy discrimination so such an event can be recognized on occasions within the workplace.
Common Forms of Pregnancy Discrimination
Pregnancy discrimination does not always lead to direct firing. Pregnancy discrimination can exist through multiple discreet methods that remain forbidden by law. An employer who passes over a qualified but pregnant candidate is one such example.
An employer may choose to reduce a pregnant employee's hours without a legitimate business reason or remove desirable assignments based on assumptions about a pregnant employee's availability. The practice of treating a pregnant employee with less favorable treatment than what other employees with temporary medical conditions receive constitutes discriminatory treatment.
Pregnancy discrimination is observed during hiring decisions, when employers use the workers’ condition to assess them negatively and cite concerns regarding their commitment and reliability. According to Sacramento pregnancy discrimination, your employer cannot discriminate against you on the basis of your pregnancy. It happens when employers treat their employees differently due to their pregnant condition or other related medical conditions.
Federal Legal Protections for Pregnant Employees
The laws of the federal government protect pregnant workers through multiple statutes. Each statute covers a different aspect of an employee’s work environment.
The Pregnancy Discrimination Act (42 U. S. C. § 2000e(k)) protects employees from unfair treatment based on pregnancy, childbirth, or related medical conditions. They should be treated equally with other employees with similar work limitations. Meaning employers cannot discriminate against pregnant women in employing, dismissing, paying, promoting, or awarding benefits. Under the Pregnant Workers Fairness Act (PWFA) (42 U.S.C. § 2000gg), employers with 15 or more employees must provide reasonable accommodations for known pregnancy-related limitations. This includes pregnancy, childbirth, or related medical conditions.
This Act broadens the grounds for workplace accommodation, giving employees with restrictions from pregnancy redress under PWFA, regardless of the restriction on their employment status. They can seek help even by being temporary or not qualifying the employee under the Americans with Disabilities Act’s (ADA) definition of a disabled individual.
The EEOC issued its final implementing regulations in April 2024. The EEOC has faced legal challenges to its interpretation of the PWFA, which includes claims from religious employers who want to limit enforcement of certain aspects based on ongoing legal disputes between specific participants.
The constitutional framework that governs these reforms remains in its current state of development. From 2020 to 2024, Utah, Kentucky, and Colorado courts determined that existing statutes of limitations, which had expired, created a legal entitlement that could not be restored through new laws, but courts in Georgia, Vermont, and Louisiana reached a different outcome.
The split between two opposing sides continued until 2025, when Maine’s, North Carolina's, Maryland's, and New Hampshire's supreme courts issued judgments that identified distinct constitutional results according to their particular state constitutions.
In the January 2025 Dupuis v. Roman Catholic Bishop of Portland case, the Maine Supreme Judicial Court decided that all previously expired claims must remain dead, but the North Carolina Supreme Court confirmed its state resurrection law just days afterward. The survivability of a specific survivor's claim under existing legal standards depends on the state where the abuse happened and the particular reform laws that exist in that location. Legal professionals who possess expertise about state statutory requirements possess the best capability to determine available legal alternatives.
According to employment law attorney Alan H. Sonnenklar, as employees are afforded more and more protections under statutes, regulations, policies and internal corporate documents, employers must keep current with this evolving, highly regulated area.
Steps to Report Pregnancy Discrimination
Many relief measures are available for the alleged acts of discrimination. In the event of discrimination charges, the victim must timely lodge the written complaint specifying all the incidences that have occurred since commencement of employment. You may include names of individuals involved, their direct quotes or actions, and any apparent results regarding promotion or the working environment. Ask for any copies of written agreements, performance reviews, and requests for accommodation.
When a grievance is elevated to the human resources department or the organization's predefined grievance channels, a legitimate record of the complaint is produced. This action may sometimes lead to the resolution of the issue. The Equal Employment Opportunity Commission and state agencies permit employees to file discrimination charges after internal reporting procedures fail to achieve resolution.
A charge must be filed with the EEOC within 180 days from the date of the alleged violation. The filing deadline extends to 300 days when the charge involves both federal and state or local anti-discrimination regulations. The deadline must be met without delays. Missing it will prevent any federal claims from being filed.
Finding Legal Support
Employment law attorneys focusing on workplace discrimination may be in a strategic position to be the first to ascertain whether a case meets the required standards for going to litigation. Employment attorneys will work on a contingent fee basis. This arrangement guarantees that the lawyers will receive a certain percentage of the case winnings if the case is successful.
Policies and practices that may adversely affect disadvantaged persons' rights need to be reviewed on a regular basis. The EEOC public portal allows employees to start the charge process without needing legal representation. Law experts not only help one in identifying the right laws but also help guarantee that deadlines are met. They will diligently sort out all the legal and administrative issues of your case.
Key Takeaways
The federal law protects pregnant individuals in employment processes. Under the Pregnant Workers Fairness Act of 2023, employers are obligated to provide reasonable accommodations to pregnant workers if their condition gives them restrictions under certain provisions.
Pregnant employees must document mistreatment if they are experiencing it. File a complaint within the EEOC deadline, preserve all records and communication, and consult an employment lawyer as soon as possible.
The views, opinions, and recommendations expressed in this article are solely those of the author and are provided for informational and editorial purposes only. They do not constitute professional advice and should not be relied upon as such. OutSFL makes no representations or warranties regarding the accuracy, completeness, or applicability of the content and assumes no liability for any actions taken based on it. The views expressed do not necessarily reflect those of OutSFL.
