FACT SHEET
Know Your Rights: Pregnancy Discrimination
OCTOBER 2013
Many women are treated unfairly on the job or when looking for work because they are
pregnant or because an employer thinks they are likely to become pregnant. Pregnancy
discrimination is against the law. If you think that you have been discriminated against due
to pregnancy, contact a lawyer or legal aid office. A legal aid office may be able to provide
legal services at little or no cost if you cannot afford a private lawyer.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when:
 You are fired just because you are or may become pregnant.
 You are denied a job or a job offer is withdrawn simply because you are or may become
pregnant.
 You are denied a promotion or demoted just because you are or may become pregnant.
 You are forced to stop working or to take leave while pregnant or after birth even if you
are still willing and able to work.
Pregnancy discrimination is illegal. The Pregnancy Discrimination Act makes it illegal for
employers with 15 or more employees to discriminate against women because of pregnancy,
childbirth or conditions related to pregnancy or childbirth. Many states have laws that offer
additional protections. Check out the National Partnership’s Work and Family Policy
Database for more information on laws in your state.
Employers must treat pregnant workers equally. Pregnancy discrimination laws require that
employers treat pregnancy the same way that they treat any other temporary illness or
medical condition. For example:
 If a co-worker breaks a leg while off duty and is given less physically stressful work
until he or she recovers, the employer must also offer a pregnant employee less
physically stressful duties while she is pregnant.
 If a co-worker is allowed to take paid sick leave while she or he recovers from knee
surgery, then a pregnant employee also has the right to take paid leave while unable to
work because of pregnancy.
Pregnancy discrimination during the employment process is no exception. You have the
right to be free from pregnancy discrimination both on the job and when looking for work.
Public assistance recipients who are employed through certain types of work programs, such
as a workfare program, or who are placed in jobs by job placement agencies or state welfare
offices are also protected.
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You may have additional rights under the Family and Medical Leave Act (FMLA). The
FMLA is a federal law that lets you to take up to 12 weeks of unpaid leave from your job to
care for a newborn baby, a newly adopted child or a foster child. When you are ready to
return to work, you have a right to a job that is the same or equivalent to your previous one.
The law applies only to those who meet certain requirements: Your employer must have at
least 50 employees and you must have worked for your employer for at least 12 months,
and for 1,250 hours, in one year (roughly 25 hours per week). For more information on
FMLA leave, contact the U.S. Department of Labor (1-866-487-2365 or www.dol.gov) or
check out the National Partnership’s Guide to the FMLA: Questions & Answers.
What Can You Do if You Experience Discrimination?
If you think that you are the victim of pregnancy discrimination:
 Write down what happened. Include when and where it happened, what was said and
who said it.
 Discuss the problem with your supervisor or someone in your personnel or human
resources department. Ask about your company’s policy for people who have temporary
disabilities or those who become sick for a longer period of time. If pregnancy is treated
differently than other temporary disabilities, then your employer is engaging in
pregnancy discrimination. If you receive public assistance, talk to your caseworker.
 Talk to co-workers to find out how other pregnant workers have been treated. If other
women have been victims of pregnancy discrimination, you may be able to offer each
other support and work together to end the problem.
 File a formal complaint through your employer. If you are represented by a union, file a
complaint through its grievance process. Otherwise, talk to someone in the personnel or
human resources department. If you are a public assistance recipient, the program may
have its own system for filing discrimination complaints. Check with your caseworker.
 Act now. If you wait too long, you could lose the right to file a charge. You can file a
charge with the U.S. Equal Employment Opportunity Commission or your state’s civil
rights agency or fair employment office. In most cases, the charge must be filed no more
than 180 days after the discrimination occurred. You may also be able to file a lawsuit.
Talk to a lawyer or contact a legal aid office to find out more about your options.
If you need more assistance, contact an expert. The U.S. Equal Employment Opportunity
Commission (1-800-669-4000) or your local fair employment office are good places to start.
A legal aid office or community organization may also be able to help you, or find someone
who can. No matter which of these groups you reach out to, it is important to act quickly.
More information is available at www.NationalPartnership.org.
The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, access to quality health care and
policies that help women and men meet the dual demands of work and family. More information is available at www.NationalPartnership.org.
© 2013 National Partnership for Women & Families. All rights reserved.
NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | FACT SHEET | KNOW YOUR RIGHTS – PREGNANCY DISCRIMINATION
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