Pregnancy Discrimination in the Workplace: A Guide for Employers

Pregnancy is a significant and transformative journey in any individual's life, but it often comes with unique challenges — especially in the workplace. In the United States, pregnant people are entitled to certain protections under federal and state laws to ensure their well-being and rights are upheld during this critical time. As such, fostering a supportive work environment for pregnant coworkers is more than just a legal obligation; it's a moral imperative for any responsible employer.

In this guide, we'll explore the workplace protections afforded to pregnant people in the United States, examine the essential components of a robust parental leave policy, and explore best practices for supporting pregnant employees.

Understanding the legal framework

The Pregnancy Discrimination Act (PDA)

Enacted in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act (PDA) prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Under the PDA, employers with 15 or more employees are prohibited from treating pregnant employees unfavorably in any aspect of employment, including hiring, firing, promotions, and job assignments.

The Pregnant Workers Fairness Act (PWFA)

In effect since June 27, 2023, the Pregnant Workers Fairness Act is now the primary federal source of pregnancy accommodation rights. It requires employers with 15 or more employees to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. The limitation does not need to qualify as a disability, and employers must engage in an interactive process rather than requiring the employee to take leave when another accommodation would work.

The EEOC’s implementing rule, in effect since June 18, 2024, limits how much documentation employers can request and identifies four “predictable assessments” (carrying water, additional restroom breaks, sitting or standing as needed, and breaks to eat and drink) that should generally be granted without documentation. A federal court vacated the rule’s provision on accommodating elective abortion in May 2025; the rest of the rule remains in effect. The EEOC has signaled that it plans to propose revisions narrowing parts of the rule in late 2026, so check the current status before relying on any specific provision.

The Americans with Disabilities Act (ADA)

While pregnancy itself is not considered a disability under the ADA, pregnancy-related medical conditions may qualify as disabilities. Employers covered by the ADA (with 15 or more employees) are required to provide reasonable accommodations to employees with pregnancy-related disabilities, such as modified work duties or additional breaks. Since the PWFA took effect, the ADA is a secondary route: the PWFA covers pregnancy-related limitations whether or not they qualify as disabilities.

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination on the basis of sex, which includes pregnancy and related conditions. This law prohibits employers from engaging in discriminatory practices such as harassment or unequal treatment based on pregnancy.

The Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons, including the birth of a child and the care of a newborn. While FMLA leave is unpaid, it ensures that eligible employees can take time off without fear of losing their jobs.

The PUMP for Nursing Mothers Act

Signed in December 2022, the PUMP Act extended the Fair Labor Standards Act’s lactation protections to nearly all employees, including salaried and exempt workers. Employers must provide reasonable break time and a private space, other than a bathroom, to express breast milk for one year after a child’s birth. Employers with fewer than 50 employees are exempt only if they can show undue hardship. Lactation space is a legal requirement, not a perk.

State-level protections

Many states have enacted their own laws to further protect pregnant individuals in the workplace. These laws may include provisions for paid family leave, expanded coverage for smaller employers, and additional protections against discrimination and harassment. It's crucial for both employers and employees to be aware of the specific regulations in their state.

A few examples: California provides up to four months of Pregnancy Disability Leave for employers with five or more employees, alongside bonding leave under the California Family Rights Act. New York requires 20 hours of paid prenatal leave per year, effective January 1, 2025, on top of its paid family leave program. Massachusetts has its own Pregnant Workers Fairness Act covering employers with six or more employees. Illinois requires pregnancy accommodations from employers of every size under the Illinois Human Rights Act. Many of these laws reach smaller employers than the federal 15-employee threshold, so check your state before assuming federal law is the floor.

What to include in a paid parental leave policy

1. Duration of leave: A comprehensive parental leave policy should specify the duration of leave available to eligible employees. This may include separate provisions for maternity, paternity, and adoption leave, as well as any additional leave for pregnancy-related complications or medical conditions.
2. Eligibility criteria: Clearly outline the eligibility criteria for parental leave, including length of service requirements, full-time or part-time status, and any other conditions that must be met to qualify for leave benefits.
3. Paid or unpaid leave: Decide whether parental leave will be paid or unpaid. While some employers offer paid leave as part of their benefits package, others may provide unpaid leave in compliance with FMLA requirements.
4. Job protection guarantee: job protection for employees who take parental leave by ensuring their position or an equivalent one upon their return to work. This protects employees from being penalized or discriminated against for exercising their right to leave.
5. Flexible work arrangements: Consider offering flexible work arrangements, such as telecommuting or adjusted schedules, to accommodate the needs of new parents upon their return to work. This can help ease the transition back to the workplace and support work-life balance.
6. Employee Assistance Programs (EAPs): Provide access to employee assistance programs that offer counseling, support, and resources for managing the challenges of parenthood, including childcare assistance and lactation support.

Best practices for supporting pregnant coworkers

Creating a workplace culture that respects and supports pregnant individuals is essential for promoting equality and inclusion. Here are some best practices for employers and coworkers:

1. Educate employees: Conduct regular harassment prevention training to educate employees about pregnancy discrimination laws and the importance of fostering an inclusive workplace culture. Ensure that managers and supervisors understand their responsibilities in upholding these laws and promoting a respectful environment.
2. Establish clear policies: Implement clear policies and procedures for addressing harassment and discrimination, including specific provisions related to pregnancy. Clearly communicate these policies to all employees and ensure that they understand the consequences of violating them.
3. Encourage reporting: Create a safe and supportive environment where employees feel comfortable reporting harassment or discrimination. Provide multiple channels for reporting, such as HR, anonymous hotlines, or trusted supervisors, and ensure that all reports are promptly and thoroughly investigated.
4. Provide accommodations: Offer reasonable accommodations to pregnant employees to support their health and well-being. This includes the break time and private lactation space required under the PUMP Act, as well as offering flexible work schedules, or modifying job duties to accommodate physical limitations.
5. Foster flexibility: Recognize that pregnancy can bring about unpredictable challenges and adjustments. Offer flexibility in work schedules and assignments to accommodate medical appointments, maternity leave, and other needs related to pregnancy and childbirth.
6. Lead by example: Set a positive example as a leader by demonstrating respect and support for pregnant coworkers. Avoid making assumptions or engaging in stereotypes about pregnancy and parenthood, and treat pregnant individuals with the same professionalism and consideration as other employees.

The final word

Pregnancy should be a joyous and empowering experience, not marred by discrimination, inequality, or undue hardship in the workplace. By understanding and adhering to the legal protections related to pregnancy and implementing comprehensive parental leave policies, we can create an inclusive and supportive work environment where all employees can thrive, regardless of their parental status.

As we strive for greater equity and inclusivity in the workplace, let's ensure that the rights and well-being of pregnant individuals are upheld and respected at every turn.