What is Pregnancy Discrimination?

Legal content fact checked by Charles E. Joseph

Your questions about workers’ rights, answered

It’s illegal to discriminate against pregnant people. Yet one in five parents have witnessed pregnancy discrimination in the workplace, according to a 2022 survey.

But what is pregnancy discrimination? Can an employer ask if you are pregnant? And can you get fired for missing work due to pregancy?

Keep reading to learn about your legal protections against pregnancy discrimination.

What is pregnancy discrimination?

Pregnancy discrimination means treating pregnant women unfavorably at work. For example, employers cannot fire you because you’re pregnant. They also cannot retaliate against you or refuse to hire you because you’re pregnant.

In addition, discrimination laws protect you from mistreatment because of childbirth or a related medical condition.

Employers who commit pregnancy discrimination violate the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act.

What is the legal definition of pregnancy discrimination?

Pregnant workers must be treated the same as other job applicants and employees. Mistreating women because they are pregnant meets the legal definition of pregnancy discrimination.

Under the Pregnancy Discrimination Act, employers cannot discriminate against employees on the basis of pregnancy, childbirth, or a related medical condition. And under the Pregnant Workers Fairness Act, employers must provide reasonable accommodations to pregnant employees.

These laws also protect women from maternity discrimination, which can include discrimination against breastfeeding mothers.

What are examples of pregnancy discrimination?

To qualify as pregnancy discrimination, the employer must harm an employee because of her pregnancy or a pregnancy-related condition.

Examples of pregnancy discrimination include not receiving a job offer because of pregnancy, getting fired because you get pregnant, or losing your job because you take maternity leave.

Pregnancy discrimination can also hurt employees who are not currently pregnant. For example, your employer cannot discriminate against you for saying you’re trying to get pregnant or for taking protected time off work for fertility treatments.

Employers also cannot discriminate against you if you take protected breaks to pump breast milk or you take birth control to prevent pregnancy.

Can you get fired for being pregnant?

More than one in five mothers is scared to report their pregnancy at work because they fear retaliation or discrimination. But can you get fired for being pregnant?

Here’s the good news: employers cannot fire you for being pregnant.

So can you fire a pregnant woman? Is it ever legal to fire a pregnant woman? Yes, it can be legal to fire a pregnant woman – if it’s not related to her pregnancy. For example, employers can fire a pregnant woman for performance-based reasons that do not involve her pregnancy.

However, it can be hard for employers to prove that they fired a woman for non-discriminatory reasons. If you get fired or laid off while pregnant, you may have a case. Contact a pregnancy discrimination lawyer to find out if you have a case.

Can I get fired for missing work due to pregnancy?

No, your employer cannot fire you if you miss work because you’re pregnant. That’s against the law.

Morning sickness and doctor’s appointments can take you away from work. You might worry, “Can I get fired for missing work due to pregnancy?” Your employer has to provide reasonable accommodations, according to the Pregnant Workers Fairness Act. That can include schedule flexibility for appointments or pregnancy-related conditions.

If your employer does fire you because you’re pregnant, you can sue for pregnancy discrimination.

Can an employer ask if you are pregnant?

In general, employers should not ask job candidates or employees if they are pregnant. While asking about pregnancy isn’t against the law, it can open employers up to a pregnancy discrimination lawsuit.

For example, if a hiring manager asks if you’re pregnant and then you don’t get the job, that can help you prove pregnancy discrimination.

If an employer asks if you’re pregnant, they are on shaky legal ground if you then get fired or experience pregnancy harassment.

However, there are some circumstances where employers might need to know if you’re pregnant. For instance, if you work around dangerous chemicals, your company may have a job-related reason to ask.

Can you be laid off while on maternity leave?

New parents may wonder, can you be let go while on maternity leave? It is not automatically against the law to fire someone on maternity leave. However, it is against the law to fire someone because they’re on maternity leave.

Employers can let employees go for non-discriminatory reasons, even on maternity leave. But laying off men or women because they took protected parental leave can qualify as pregnancy discrimination.

Is being pregnant a protected class? Is pregnancy a protected characteristic?

According to federal law, pregnancy qualifies as a protected characteristic under sex discrimination laws. As a result, being pregnant places women in a protected class.

Specific laws also protect pregnant women, including the Pregnancy Discrimination Act of 1978 and the Pregnant Workers Fairness Act of 2023.

Many state and local laws offer additional protections for pregnant employees. For example, in New York City, the Pregnant Workers Fairness Act guarantees reasonable accommodations for pregnancy, childbirth, or a related medical condition.

What prohibits workplace discrimination against pregnant employees?

Federal, state, and local laws prohibit discrimination against pregnant employees.

At the federal level, the Pregnancy Discrimination Act of 1978 protects employees from discrimination or harassment on the basis of pregnancy. The law covers discrimination in hiring, firing, pay, promotions, layoffs, training, job assignments, benefits, and any other term or condition of employment.

The Pregnant Workers Fairness Act of 2023 requires employers to provide reasonable accommodations for pregnant employees.

Both federal laws protect employees at companies with 15 or more employees. Victims of pregnancy discrimination have 180 days to file a charge.

State and local laws also prohibit discrimination against pregnant employees. For example, in NYC the New York City Human Rights Law and the New York State Human Rights Law both prohibit pregnancy discrimination. In NYC, the law covers all employers with four or more employees. Victims have up to three years to file in state court.

Can I sue my employer for pregnancy discrimination?

Yes, you can sue your employer for pregnancy discrimination. You can also sue a company that refused to hire you because of pregnancy.

By collecting evidence and contacting a pregnancy discrimination lawyer, you can strengthen your case against your employer.

During a pregnancy discrimination lawsuit, employees must establish that their unfavorable treatment was due to pregnancy or a related medical condition.

How much can I sue for pregnancy discrimination?

You can sue for lost wages, punitive damages, and emotional distress damages, and other damages in a pregnancy discrimination lawsuit.

How much is a pregnancy discrimination lawsuit worth? That depends on the facts of the case, including the scale of the pregnancy harassment and your lost wages. For example, workers with a higher salary typically receive larger settlements.

Charles Joseph’s firm recently settled multiple pregnancy discrimination lawsuits for between $100,000 and $750,000.

Reach out to Charles today to find out if you have a pregnancy discrimination case.

What can you do about pregnancy discrimination?

Pregnancy discrimination violates your rights. If you experience pregnancy discrimination in the workplace, you can file a lawsuit against your employer. The Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, and other state and local laws protect your rights.

A pregnancy discrimination lawyer can help protect your rights. Contact discrimination lawyer Charles Joseph for a free consultation. Charles Joseph brings over two decades of experience with pregnancy discrimination cases, and his firm has recovered over $200 million for clients.

You can also read more about pregnancy discrimination protections:

Pregnancy Discrimination Laws, Your Rights, and Potential Damages