Pregnancy Discrimination Attorneys
Experienced legal representation for pregnancy discrimination matters across all 50 states.
About Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats an employee or applicant unfavorably because of pregnancy, childbirth, or a related medical condition. The Pregnancy Discrimination Act (PDA), enacted in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on pregnancy in all aspects of employment, including hiring, firing, promotion, pay, job assignments, training, benefits, and any other terms or conditions of employment. The PDA requires that pregnant employees be treated the same as other employees who are similar in their ability or inability to work.
The legal landscape expanded significantly with the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023. The PWFA requires covered employers (with 15 or more employees) to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an undue hardship. This filled a critical gap in the law, as the PDA did not explicitly require accommodations and many pregnant workers fell into a coverage gap between the PDA and the ADA.
Additional protections come from the Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn, and the PUMP for Nursing Mothers Act, which requires employers to provide reasonable break time and a private space for nursing employees to express breast milk. Many state laws provide additional protections, including paid family leave, broader accommodation requirements, and protections for smaller employers. Pregnancy discrimination affects workers across all industries and income levels, from minimum wage workers denied bathroom breaks to executives pushed out after announcing a pregnancy.
Why You Need a Pregnancy Discrimination Attorney
Pregnancy discrimination forces women to choose between their careers and their families, a choice that men are rarely asked to make. When employers penalize pregnant workers through termination, demotion, denial of accommodations, or hostile treatment, they perpetuate gender inequality in the workplace and contribute to the motherhood penalty, the documented pattern of reduced earnings and career advancement experienced by women who become mothers. Research shows that the motherhood wage penalty accounts for a significant portion of the overall gender pay gap.
The consequences extend beyond individual workers. Pregnancy discrimination undermines family financial security during a critical transition, increases reliance on public assistance programs, and signals to all women that career advancement and motherhood are incompatible. The Pregnant Workers Fairness Act represents a crucial step forward, ensuring that pregnant workers can receive the accommodations they need to remain healthy and employed without having to choose between their pregnancies and their paychecks.
Common Pregnancy Discrimination Cases
Termination Upon Announcing Pregnancy
Employers who fire employees shortly after learning of their pregnancy, often citing pretextual performance issues or restructuring. The timing between the pregnancy announcement and the adverse action is a key piece of evidence.
Failure to Accommodate Pregnancy-Related Limitations
Refusing to provide accommodations such as modified duties, additional breaks, temporary transfer to less physically demanding work, flexible scheduling for prenatal appointments, or temporary light duty that is available to other employees with comparable limitations.
Denial of Hiring or Promotion
Refusing to hire a qualified applicant because she is pregnant or visibly pregnant, or denying a promotion to an employee because of assumptions about her commitment, availability, or plans after the birth of a child.
Forced Leave or Reduced Hours
Requiring pregnant employees to take leave or reducing their hours when they are able and willing to continue working, often based on stereotypes about pregnant womens capabilities rather than actual job performance.
Harassment and Hostile Work Environment
Creating a hostile work environment through derogatory comments about pregnancy, maternal status, or breastfeeding, expressing annoyance at pregnancy-related absences, or making demeaning remarks about a pregnant employees appearance or abilities.
Retaliation for Taking Maternity Leave
Adverse actions taken against employees who take FMLA leave or maternity leave, including termination, demotion, reassignment to less desirable positions, removal from projects, or denial of previously scheduled promotions upon return.
Denial of Lactation Accommodations
Failure to provide reasonable break time and a private, non-bathroom space for nursing employees to express breast milk, as required by the PUMP Act. Retaliation against employees who exercise their lactation rights.
Insurance and Benefits Discrimination
Treating pregnancy-related conditions differently from other medical conditions in health insurance coverage, disability benefits, or leave policies, or reducing benefits for pregnant employees.
Typical Pregnancy Discrimination Case Timeline
Documentation and Consultation
1-2 weeksGather evidence including the timeline of your pregnancy announcement, any accommodation requests and responses, performance reviews before and after pregnancy disclosure, communications showing discriminatory comments or decisions, and medical documentation.
EEOC or State Agency Charge
1-3 monthsFile a charge of pregnancy discrimination with the EEOC within 180 or 300 days. The charge can include claims under the PDA, the PWFA, Title VII retaliation, and potentially the ADA. The agency may offer mediation.
Investigation
3-10 monthsThe EEOC investigates the charge, including reviewing the employers accommodation practices, policies regarding pregnant workers, and treatment of similarly situated non-pregnant employees. The EEOC may find cause or issue a right-to-sue letter.
Negotiation or Lawsuit
2-12 monthsMany pregnancy discrimination cases settle during or after the EEOC process. If litigation is necessary, a lawsuit is filed and discovery proceeds, focusing on the employers treatment of pregnant workers compared to other employees.
Mediation and Settlement
1-3 monthsFormal mediation provides an opportunity for resolution. Employers often prefer to settle pregnancy discrimination cases to avoid negative publicity and the sympathetic jury dynamic these cases often present.
Trial
3-7 daysIf the case goes to trial, a jury evaluates the evidence of discrimination. Pregnancy discrimination cases tend to resonate strongly with juries, which can lead to favorable verdicts including significant compensatory and punitive damages.
Know Your Rights
- Under the PDA, you must be treated the same as other employees who are similar in their ability or inability to work. If your employer provides light duty or accommodations to other temporarily impaired employees, the same must be available to you.
- The Pregnant Workers Fairness Act (effective June 2023) requires employers with 15+ employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
- Your employer cannot force you to take leave if you are able and willing to work, even if they believe working would be harmful to you or your pregnancy.
- You are entitled to up to 12 weeks of unpaid, job-protected leave under the FMLA for the birth and care of a newborn if you meet eligibility requirements (12 months of employment, 1,250 hours worked).
- The PUMP for Nursing Mothers Act requires employers to provide reasonable break time and a private, non-bathroom space for expressing breast milk for up to one year after a childs birth.
- You cannot be denied a job, promotion, or raise because you are pregnant, might become pregnant, or have children.
- Pregnancy-related conditions that meet the definition of a disability under the ADA are entitled to reasonable accommodations under both the ADA and the PWFA.
What to Look for in a Pregnancy Discrimination Attorney
When selecting a pregnancy discrimination attorney, look for experience with the Pregnancy Discrimination Act, the newly enacted Pregnant Workers Fairness Act, and the FMLA, as pregnancy cases often involve overlapping federal and state protections. The attorney should understand the evolving legal landscape, including the PWFA's accommodation requirements and the PUMP Act's lactation protections. Ask about their experience representing pregnant workers in your industry, as workplace cultures and discrimination patterns vary. Evaluate whether the attorney understands the intersection of pregnancy discrimination with disability law, as some pregnancy-related conditions may also qualify for ADA protections. A lawyer with trial experience in pregnancy discrimination cases will be better positioned to negotiate favorable settlements. Consider the attorney's sensitivity and willingness to accommodate your needs during what may be a physically and emotionally demanding time.
Questions to Ask Your Pregnancy Discrimination Attorney
- 1Do my claims fall under the PDA, the PWFA, the ADA, the FMLA, state law, or a combination, and what are the advantages of each?
- 2What evidence is needed to prove that my employer treated me differently because of my pregnancy?
- 3Did my employer comply with the PWFA's requirements for reasonable accommodations for pregnancy-related limitations?
- 4How does the timing of the adverse action relative to my pregnancy announcement affect the strength of my case?
- 5Are there other pregnant employees who were similarly affected, and could their experiences support my claim?
- 6What is the realistic value of my case given the applicable damage caps and available remedies?
- 7How will pursuing this case affect my ability to find future employment, and what protections exist against blacklisting?
Understanding Pregnancy Discrimination Legal Costs
Pregnancy discrimination attorneys typically work on a contingency fee basis, collecting 33% to 40% of any settlement or verdict with no upfront fees. This is particularly important for pregnant workers and new mothers who may be facing financial strain from job loss during a time of increased expenses. Both the PDA and the PWFA provide for recovery of attorney fees by prevailing plaintiffs. Compensatory and punitive damages are subject to Title VII caps based on employer size ($50,000 to $300,000), but back pay and front pay are not capped. State law claims may provide additional uncapped damages. Initial consultations are typically free. Some attorneys offer reduced hourly rates or hybrid arrangements. Litigation costs including filing fees, expert witnesses, and depositions are often advanced by the attorney.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
Pregnancy Discrimination at Work: Know Your Rights
LawByMike
The Pregnant Workers Fairness Act Explained
A Better Balance
Workplace Rights for Pregnant Employees
EEOC
Frequently Asked Questions About Pregnancy Discrimination
Citations & Sources
- [1]The Pregnancy Discrimination Act of 1978 amended Title VII to prohibit sex discrimination on the basis of pregnancy, childbirth, or related medical conditions. — U.S. Equal Employment Opportunity Commission
- [2]The Pregnant Workers Fairness Act, effective June 27, 2023, requires covered employers to provide reasonable accommodations for qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions. — U.S. Equal Employment Opportunity Commission
- [3]In Young v. United Parcel Service (2015), the Supreme Court clarified the standard for evaluating PDA claims where pregnant workers are denied accommodations provided to other employees. — Supreme Court of the United States, 575 U.S. 206 (2015)
- [4]The EEOC received 2,494 charges alleging pregnancy discrimination in FY 2023. — EEOC Charge Statistics
- [5]The PUMP for Nursing Mothers Act requires employers to provide reasonable break time and a private space for nursing employees to express breast milk. — U.S. Department of Labor
Ready to Discuss Your Pregnancy Discrimination Case?
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