Frequently Asked Questions

Reviewed by Prue Alderton (PA), Editor-in-Chief — Pregnancy Discrimination Practice. Updated May 2026.

What laws protect against pregnancy discrimination?

Several overlapping federal laws apply. The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions by employers with 15 or more employees. The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions. The PUMP Act (2022) extends FLSA protections, requiring employers to provide break time and a private, non-bathroom space for nursing mothers to express breast milk for up to two years after the birth. The Family and Medical Leave Act (FMLA) separately guarantees eligible employees up to 12 weeks of unpaid, job-protected leave for the birth of a child, though FMLA and pregnancy discrimination claims are legally distinct. Many states also have their own pregnancy discrimination statutes that may cover smaller employers or provide longer filing deadlines and higher damages caps.

What does the Pregnancy Discrimination Act specifically prohibit?

The PDA prohibits any employment action — hiring, firing, demotion, pay reduction, denial of promotion, reduction of hours, forced leave, exclusion from training — taken because of pregnancy, childbirth, or related medical conditions. It also requires that employers treat pregnancy-related conditions the same as other temporary physical conditions for all employment purposes. This means: if an employer provides light duty for employees injured on the job, it must offer the same to pregnant employees with similar temporary restrictions. If an employer provides short-term disability benefits for medical conditions, those benefits must be equally available for pregnancy-related conditions. This equal treatment requirement was affirmed and clarified in Young v. UPS, 575 U.S. 206 (2015).

How is the PWFA different from the PDA?

The PDA requires equal treatment — pregnant employees must be treated no worse than similarly situated non-pregnant employees. The PWFA goes further: it requires affirmative accommodation of pregnancy-related limitations regardless of how the employer treats other employees. An employer that provides no accommodations to anyone still violates the PWFA if it refuses to accommodate a pregnant worker's known limitation (modified duties, adjusted schedule, temporary transfer, more frequent breaks) absent undue hardship. The PWFA also requires employers to engage in an interactive accommodation process, similar to the ADA reasonable accommodation framework. Unlike the ADA, the PWFA covers "known limitations" that need not rise to the level of a disability — ordinary pregnancy discomforts can qualify.

What is the EEOC charge filing deadline?

This is one of the most critical deadlines in employment discrimination law. You must file a charge of discrimination with the EEOC before you can sue under Title VII or the PDA. The deadline is 180 days from the discriminatory act in states without a state or local fair employment agency (deferral agency). In states with a deferral agency — which includes most states — the deadline is 300 days from the discriminatory act. Missing this deadline permanently bars your Title VII and PDA claims, with very limited exceptions. The clock starts on the date of each discriminatory act, not the date you learned the reason for it. If you experience multiple adverse actions (e.g., demotion and then later termination), each act has its own charge deadline.

Do I have to file with the EEOC before suing?

Yes, for Title VII, PDA, and PWFA claims. This is called "exhaustion of administrative remedies." You must file a charge with the EEOC (or an equivalent state agency), wait for the EEOC to complete its investigation (or request a right-to-sue letter after 180 days), and then file suit within 90 days of receiving the right-to-sue letter. If you miss the 90-day post-right-to-sue window, your federal claim is barred. State law discrimination claims may not require EEOC exhaustion — check your state's procedures with a local employment attorney.

What if my employer says I was fired for performance or another reason?

This is called "pretext." Employers in pregnancy discrimination cases almost universally offer a facially legitimate non-discriminatory reason for the adverse action: poor performance, restructuring, position elimination. Your claim survives as long as you can show that the stated reason is false or that pregnancy was a motivating factor in the decision. The strongest pretext evidence is: (1) timing — termination, demotion, or adverse action that occurred shortly after you announced the pregnancy; (2) disparate treatment — non-pregnant employees with similar performance issues who were not terminated; (3) inconsistency — the employer's explanation changes, or the "performance problems" cited only emerged after the pregnancy was disclosed; (4) direct statements — comments by supervisors about your pregnancy, maternity leave plans, or anticipated childcare obligations. Even one of these factors can be sufficient to survive summary judgment and reach a jury.

Can my employer require me to take unpaid leave during pregnancy?

Generally, no. Forcing a pregnant employee onto unpaid leave when other employees with similar temporary conditions are not required to take leave is pregnancy discrimination under the PDA. If the employer provides modified duty or other accommodations for non-pregnant workers with lifting restrictions or similar temporary physical limitations, it must offer the same to pregnant workers. Forcing a pregnant employee to take leave rather than providing available accommodations is also a PWFA violation. A forced leave that results in lost wages and benefits is treated as a constructive adverse action for damages purposes.

Are there damages limits for pregnancy discrimination claims?

Title VII compensatory and punitive damages are capped by employer size: $50,000 for 15–100 employees; $100,000 for 101–200 employees; $200,000 for 201–500 employees; $300,000 for 500 or more employees. These caps apply to the combined compensatory and punitive award. Back pay (wages lost to the date of judgment) and front pay (future lost wages) are equitable remedies and are not subject to the cap. Attorney fees are separately recoverable from the employer under Title VII § 706(k) and are not deducted from your damages. Many states have no cap on compensatory or punitive damages for their state-law equivalents of the PDA.

What if I experienced retaliation after reporting pregnancy discrimination?

Retaliation for opposing pregnancy discrimination or filing an EEOC charge is independently prohibited under Title VII § 704(a). If your employer terminated, demoted, reduced your hours, gave you a negative performance review, or otherwise took adverse action because you reported pregnancy discrimination or filed a charge, that retaliation is a separate violation. Retaliation claims are often stronger than the underlying discrimination claim because the causal connection between the protected activity and the adverse action is typically more visible. Document the timing, the specific adverse actions, and any statements by management suggesting the retaliation was connected to your complaint.

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