Federal Laws Against Pregnancy Discrimination at the Workplace

A number of federal laws protect employees and job applicants from workplace discrimination based on pregnancy.

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, is a federal law that prohibits employment discrimination on the basis of race, color, national origin, religion, and sex (including pregnancy). This law applies to private sector employers with 15 or more employees. Under Title VII, pregnant workers cannot be fired, demoted, harassed, retaliated against, or subjected to other kinds of adverse employment actions based on their status as pregnant persons.

The Pregnant Workers Fairness Act (PWFA), which took effect in 2023, is a federal law that requires employers to provide reasonable accommodations for known limitations related to pregnancy and childbirth, unless the accommodations would impose se an undue hardship on the employer. The PWFA applies to private sector employers with 15 or more employees.

The Family and Medical Leave Act of 1993 (FMLA) is a federal law that requires employers to offer unpaid leave for certain family- and medical-related reasons, including conditions stemming from pregnancy and childbirth. This law applies to private sector employers with 50 or more employees. The unpaid leave can be for up to 12 weeks during a 12 month period. The employee must have worked for the employer for at least 12 months and 1,250 hours during the 12 months before the employee's requested leave.

The Americans with Disabilities Act of 1990 (ADA), later amended by the ADA Amendments Act of 2008, is a federal law that prohibits workplace discrimination based on an employee's disability. This law applies to private sector employers with 15 or more employees. The employer must offer reasonable accommodations to employees with disabilities, unless doing so would impose an undue hardship on the employer. Under the ADA, pregnancy by itself is not necessarily a disability, but impairments arising out of pregnancy can qualify as disabilities.

Additionally, state and local laws may provide similar or additional protections for pregnant workers. For example, Indiana tends to follow the federal standards under Title VII, while Illinois has added more detailed protections for pregnant workers through the Illinois Human Rights Act (775 ILCS 5/2-102).

Thickstun Luo LLC may be able to help you pursue a legal claim in Illinois or Indiana if your employer discriminated against you because you were pregnant. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.