Pregnancy Discrimination in the Workplace

What Does Pregnancy Discrimination in the Workplace Look Like?

Pregnancy discrimination is unfair treatment, harassment, retaliation or wrongful termination because of pregnancy, childbirth, or related medical conditions. Pregnancy discrimination can happen in many ways. Here are some real life situations where employers, supervisor or coworkers may be breaking the law without you realizing it. Some examples of pregnancy discrimination in the workplace include, but are not limited to:

Being denied a job because you are visibly pregnant: You go for an interview, and everything seems positive — until the interviewer notices your baby bump. Suddenly, they decide you’re “not the right fit.” This could be pregnancy discrimination.Having your contract cut short after sharing family plans
You have been receiving great performance reviews for months: But once your supervisor overhears you’re trying to start a family, your contract is terminated early. That’s often illegal.

Dealing with offensive comments at work: A coworker repeatedly calls you “Preggers” every time you walk by. What might sound like a “joke” can create a hostile work environment and could be considered harassment.
Losing opportunities because you are pregnant: Your manager stops assigning you new projects or removes you from important accounts, assuming you “won’t be able to handle the workload.” That’s discrimination.
Clients being reassigned because you are pregnant: Your employer tells you a client “would rather work with someone else” after learning about your pregnancy. This is unfair treatment and can be unlawful.
Being demoted without reason: You are told your role is being “adjusted to reduce your workload,” even though your performance is excellent and you’re fully capable of doing your job. This is likely discriminatory.
Getting fired after sharing your pregnancy news: You inform your supervisor you’re expecting, and shortly after, you’re terminated without valid cause. This is one of the clearest signs of pregnancy discrimination.
Having your hours reduced after talking about pregnancy plans: You casually mention to your manager that you and your spouse are trying to get pregnant — and suddenly, your hours are cut. That’s likely illegal.
Being denied simple, reasonable accommodations: You ask for extra bathroom breaks, a chair to sit on, or permission to carry a water bottle — but your boss refuses. Under the Pregnant Workers Fairness Act (PWFA), employers must provide these accommodations unless it causes undue hardship.
Being forced to take unpaid leave even though you can work: You are healthy, capable, and willing to keep working, but your employer insists you “should rest” and sends you home without pay. This is often unlawful.
Facing retaliation for requesting maternity leave: After asking for maternity leave or pregnancy-related accommodations, your boss cuts your hours, writes you up, or treats you differently. Retaliation is illegal under federal law.

Need help? Call Derek Smith Law Group at (800) 807-2209 or request a free, confidential consultation today.

💡 Quick Tip:
If your employer denies light duty, refuses pregnancy accommodations, or forces you onto unpaid leave, document every HR conversation, email, and request.
In 2025, EEOC pregnancy discrimination claims have increased by 18%, and strong documentation can make or break your pregnancy discrimination claim under the Pregnant Workers Fairness Act (PWFA).

Pregnancy and Maternity Protections by State

Federal laws like the Pregnant Workers Fairness Act (PWFA) and the Family and Medical Leave Act (FMLA) provide basic pregnancy protections, but many states go further. Depending on where you work, you may qualify for paid family leave, extended job-protected time off, and stronger protections against pregnancy discrimination and retaliation. Eligibility can depend on employer size, hours worked, and medical certification.

California Pregnancy and Maternity Protections

California Family Rights Act (CFRA): Up to 12 weeks of job-protected leave.
Pregnancy Disability Leave (PDL): Up to 4 months of leave before or after childbirth.
State Disability Insurance (SDI): Partial wage replacement during pregnancy-related leave.
Employees may combine PDL + CFRA for up to 7 months of protected leave.
Statute of Limitations: You must file your pregnancy discrimination claim within 1 year of the incident.

New York Pregnancy and Maternity Protections

Paid Family Leave (PFL): Up to 12 weeks of partially paid leave.
NY Human Rights Law: Employers must provide reasonable accommodations and cannot retaliate.
Offers broader protections than federal law.
Paid Family Leave covers bonding, caregiving, and military deployment.
Statute of Limitations: You generally have 3 years from the date of discrimination to file with the New York State Division of Human Rights (NYSDHR).

New Jersey Pregnancy and Maternity Protections

Family Leave Insurance (FLI): Up to 12 weeks of partially paid leave.
Covers both pregnancy disability and bonding leave.
Provides stronger remedies against wrongful termination.
Statute of Limitations: You have up to 2 years from the date of discrimination to file a claim under the New Jersey Law Against Discrimination (NJLAD)

Florida Pregnancy and Maternity Protections

Florida Civil Rights Act (FCRA): Protects you against pregnancy discrimination and wrongful termination.
No statewide paid leave, but:
- If your company has 50+ employees, you may qualify under FMLA (FMLA applies only if employer has 50+ employees).
- Some counties—including Miami-Dade and Broward—offer additional local protections.
Also prohibits retaliation for requesting accommodations or asserting your rights.
Statute of Limitations: You generally have 365 days from the date of discrimination to file with the Florida Commission on Human Relations (FCHR).

Washington, D.C. Pregnancy and Maternity Protections

Family and Medical Leave Act (DCFMLA): Up to 16 weeks of job-protected family leave + 16 weeks of medical leave every 24 months.
D.C. Paid Family Leave Program: Up to 12 weeks of partially paid leave for childbirth, bonding, and recovery.
Covers employees of smaller organizations too, offering broader protection than federal law. (D.C. law applies to smaller employers too.)
Statute of Limitations: You usually have 1 year from the date of discrimination to file with the D.C. Office of Human Rights (OHR).

If you were denied pregnancy accommodations, terminated before maternity leave, or faced retaliation, our experienced pregnancy discrimination lawyers can help. Call us 24/7 at (800) 807-2209 or request a free, confidential consultation today.

What Rights Do Pregnant Women Have in the Workplace?

Both federal and local laws are in place to protect the rights of pregnant women in the workplace. Under federal laws, the Pregnancy Discrimination Act of 1978 (PDA) protects women working for employers with 15 or more employees. The PDA is a subset of the sex discrimination provisions of Title VII of the Civil Rights Act of 1964. The law protects expectant mothers and women trying to get pregnant from discrimination due to pregnancy, childbirth, or complications related to either. Under the PDA, employers cannot retaliate against you for complaining about pregnancy discrimination. Additionally, wrongful termination, because you complained about pregnancy discrimination or due to pregnancy, violates the law.

The Americans with Disabilities Act (ADA) protects pregnant women from discrimination and harassment in the workplace if the woman has medical issues that would fall under disabilities due to her pregnancy or childbirth.

Many state and local laws are in place to protect pregnant women from discrimination. Under state and local laws, employers may only need to maintain as little as 1 to 4 employees to qualify for protection from discrimination based on pregnancy.

Eligible pregnant mothers may also have rights under the Family and Medical Leave Act (FMLA), which provides unpaid leave to care for illnesses, injuries, or severe medical issues relating to a parent, spouse, or child. The law provides eligible employees up to 12 weeks in a 12-month period. Eligible employees work for an employer that employs at least 50 people within a 75-mile radius. The employee must work for the company for at least 12 months before taking leave. Many new mothers use FMLA as unpaid maternity leave.

Do Men Have Rights Under the Pregnancy Discrimination Act?

The courts do not protect men or fathers under the Pregnancy Discrimination Act. Fathers want to accompany expectant mothers to doctor appointments. However, they are not entitled to take time off under the Pregnancy Discrimination Act.

However, men may qualify to take leave for doctor appointments and maternity leave to bond with their new child or care for the child’s mother under the FMLA if they work for a qualified company.

How Do You File a Claim for Pregnancy Discrimination at Work?

You can file your PDA violation claim with the Equal Opportunity Commission (EEOC). The statute of limitations is 180 days. However, if you live in a state with laws protecting you against pregnancy discrimination, the time limit to file your claim jumps to 300 days.

Many states also have their own laws protecting women against pregnancy discrimination at work. The state laws may provide a longer statute of limitations or better protections for you than the PDA.

Many state laws also include reciprocal agreements with the EEOC. As a result, if you file your claim with the EEOC, it automatically gets filed with the state. The same is true if you file your charge with the state first.

Contact an experienced employment discrimination lawyer to discuss your claim options. The pregnancy discrimination attorneys at the Derek Smith Law Group can help ensure you file your claim within the proper time frame and under the laws best suited for your claim.

What Remedies May Be Available for Pregnancy Discrimination in the Workplace?

As a victim of pregnancy discrimination in the workplace, you have the right to file a compensation claim. The courts look at pregnant women more favorably than the employer who discriminates against them.

Some of the remedies that may be offered by the courts include:

Offering your job back to you
Reinstating your benefits
Paying for your medical and other related expenses
Providing back and future pay
Money for pain and suffering and emotional distress
Paying punitive damages

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How Can a Qualified Employment Discrimination Lawyer Help Your Pregnancy Discrimination Case?

Pregnancy discrimination is especially horrific because you are pregnant. Your body is growing a human being. You are often tired, emotionally worn out, and worried about everything from finances to being a good parent.

Adding any form of discrimination or retaliation to pregnancy’s biological changes can be more than many women should ever handle. Fighting back against the treatment may be necessary. However, it can be too much to add to your plate if you are alone.

A qualified pregnancy discrimination lawyer can help you fight for your rights so you can focus on your health and the health of your child. Your attorney can help you sort through the details of your case. They can help you develop a claim to submit for a federal or state court case.

Your attorney can take the stress of litigation off of your plate. They can work as your guide, confidant, and advocate. They can help make sure you meet every deadline. They can draft your claim in the best manner to let your story shine through on paper.

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Can My Employer Fire Me for Being Sick During Pregnancy?

No, your employer generally cannot fire you just because you’re sick during pregnancy. Laws like the Pregnant Workers Fairness Act (PWFA) and the Pregnancy Discrimination Act (PDA) protect your right to reasonable accommodations, such as lighter duties or time off, when pregnancy-related health issues arise. If you qualify under the Family and Medical Leave Act (FMLA), you may also be entitled to up to 12 weeks of job-protected leave.

Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation

You have the right to enjoy your pregnancy and start a family without worrying about your right to work. Your employer does not have the right to intimidate you, make fun of you, fire you, or deny you reasonable accommodations because you are pregnant.

If you are the victim of pregnancy discrimination in the workplace, the experienced employment discrimination at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help. We will not accept payment until you win your case.

Do you have any questions about pregnancy discrimination at work? Would you like to know more about your rights in the workplace? Please ask your questions by calling us at 800.807.2209 or emailing derek@dereksmithlaw.com. You can contact us through our website as well.

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