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Pregnancy Discrimination

Protecting the Rights of Pregnant Workers​

Pregnancy should never be a barrier to fair treatment at work. Yet many employees face discrimination, harassment, or retaliation simply because they are pregnant, recovering from childbirth, or caring for a newborn. Employers may deny accommodations, force employees onto leave, or even terminate them once they announce a pregnancy.
We represent workers who have been mistreated because of pregnancy, childbirth, or related medical conditions. If your employer has violated your rights, we are here to help you fight back.

What Is Pregnancy Discrimination?​

Pregnancy discrimination occurs when an employer treats a worker unfairly because:

  • They are pregnant or planning to become pregnant.
  • They have a medical condition related to pregnancy or childbirth.
  • They need time off for childbirth or recovery.
  • They are breastfeeding or expressing milk at work.
Common examples of unlawful conduct include:
  • Refusing to hire a pregnant applicant.
  • Firing or demoting a worker after a pregnancy disclosure.
  • Denying modified duties or schedule changes recommended by a doctor.
  • Forcing a pregnant employee onto unpaid leave.
  • Retaliating against a worker for requesting accommodations or leave.

Legal Protections for Pregnant Employees​

Several federal and state laws protect workers from pregnancy discrimination and entitle them to accommodations:
  • Pregnancy Discrimination Act (PDA): An amendment to Title VII of the Civil Rights Act, the PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant workers the same as other employees with similar limitations.
  • Americans with Disabilities Act (ADA): The ADA may apply when a pregnancy-related condition, such as gestational diabetes or preeclampsia, qualifies as a disability. Employers must then provide reasonable accommodations.
  • Pregnant Workers Fairness Act (PWFA): The PWFA is a federal law that requires covered employers to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions. Unlike the ADA, which applies only when a medical condition rises to the level of a disability, the PWFA creates a proactive duty for employers to accommodate even routine pregnancy-related needs. For example, employers typically must accommodate lifting restrictions, increased breaks, or schedule adjustments, unless doing so would cause undue hardship. The PWFA also prohibits retaliation for requesting an accommodation, and protects workers from being forced onto leave when another reasonable accommodation is available.
  • Pennsylvania Human Relations Act (PHRA): This state law provides similar protections and applies to employers with as few as four employees.
  • Family and Medical Leave Act (FMLA): If eligible, workers can take up to 12 weeks of unpaid, job-protected leave for childbirth and recovery. Retaliating against employees for taking FMLA leave is illegal.

Reasonable Accommodations and Lactation Rights​

Pregnant employees are entitled to reasonable accommodations if they experience pregnancy-related limitations. Examples include:
  • Light duty or lifting restrictions.
  • More frequent breaks.
  • Modified schedules.
  • Work-from-home options.
  • Leave for prenatal appointments or recovery.

In addition, employers are required to provide:

  • A private, non-bathroom space for expressing breast milk.
  • Reasonable break time to express milk during the workday.
Failure to provide these accommodations may violate the law.

You Shouldn't Have to Choose Between Your Job and Your Health

If your employer has discriminated against you because of pregnancy or childbirth—or if they’ve refused to accommodate your needs—we’re here to stand up for you. You have legal rights, and you don’t have to face this alone.

Contact us today to learn more about your rights and how we can help.

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