What to Do After Pregnancy Discrimination

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

If you believe you have experienced pregnancy discrimination, the steps you take in the days and weeks that follow can significantly affect the strength of your claim and the amount you are able to recover. Two deadlines in particular make early action essential: the EEOC charge filing deadline (300 days from the discriminatory act in most states) and the 90-day window to file suit after receiving a right-to-sue letter. Evidence that exists today may not exist in a month — records get overwritten, coworkers leave, and memories fade.

Step 1: Document the Timeline Immediately

Before you raise the issue with your employer, before you file anything, and before you leave the job if you are considering resignation, write down everything you remember about the sequence of events. Your timeline should include:

• The date you disclosed your pregnancy, to whom, and in what setting
• Every employment action that followed the disclosure — changed assignments, performance reviews, reduction in responsibilities, scheduling changes, comments by supervisors, formal warnings, or any adverse treatment that you believe was connected to the pregnancy
• The date of any termination, demotion, or other adverse action and exactly what was said
• Names and contact information for coworkers or witnesses who were present for relevant conversations or who experienced similar treatment
• Any statements by supervisors, HR personnel, or management about your pregnancy, maternity leave plans, return-to-work schedule, or anticipated childcare obligations — even offhand remarks

Write this down in a personal document stored outside your work computer. Many employers cut off access to work email and systems immediately upon termination. If you still have access, preserve copies of relevant emails, performance reviews, and HR correspondence to a personal account or storage device.

Step 2: Identify Comparators

Pregnancy discrimination claims depend on showing that you were treated differently from similarly situated non-pregnant employees. Before memories fade or coworkers leave, identify and document: employees in similar roles who received different treatment for similar performance issues or restrictions; employees who received light duty or accommodation while you did not; employees who were retained when you were terminated despite comparable performance records. The comparator analysis is the factual core of most pregnancy discrimination claims, and the evidence is strongest when it is documented close in time to the events.

Step 3: Preserve All Evidence

Gather and secure copies of the following documents before leaving the job or before your employer could plausibly learn about a potential claim:

• All performance reviews and disciplinary records, including any that pre-date the pregnancy disclosure
• Your employment contract, offer letter, and any written agreement about your salary, position, or job duties
• The employee handbook, particularly policies on leave, accommodation, and anti-discrimination
• Any written or electronic communications (email, text, Slack, Teams) in which your pregnancy, leave plans, or restrictions were discussed
• Any correspondence about a PWFA accommodation request and the employer's response
• Pay stubs or direct deposit records showing any changes in compensation
• Your own personal time records, calendars, or communications documenting when you worked and what you were told

Step 4: File an EEOC Charge (Act Before the Deadline)

Filing an EEOC charge is a prerequisite to suing under Title VII, the PDA, or the PWFA. The deadline is 180 days from the discriminatory act in states without a state deferral agency, or 300 days in states that have their own fair employment agency (most states). The clock starts on the date of each discriminatory act, not the date you figured out the reason for it. Missing this deadline bars your federal claims.

You can file an EEOC charge online at eeoc.gov, by calling 1-800-669-4000, or by visiting your nearest EEOC office. The charge is a formal statement of your complaint — it triggers the EEOC's investigation process, notifies the employer, and preserves your right to file suit. You do not need a lawyer to file an EEOC charge, but consulting one before filing can help you frame the charge to preserve all viable legal theories.

After filing, the EEOC may investigate, attempt mediation, or issue a right-to-sue letter without investigation (this is common due to EEOC case volume). You can request a right-to-sue letter after 180 days if the EEOC has not resolved your charge. Once you receive a right-to-sue letter, you have 90 days to file suit in federal court — this deadline is strictly enforced.

Step 5: If Still Employed — Request PWFA Accommodation in Writing

If you are still employed and are experiencing discrimination because of a pregnancy-related limitation you need accommodated, make your accommodation request in writing and keep copies. Address the request to your HR department or direct supervisor. Be specific about the limitation and the accommodation you are requesting, but you do not need to use legal terminology or cite the PWFA specifically. The request triggers the employer's obligation to engage in the interactive process. If the employer fails to respond, denies the accommodation without exploring alternatives, or retaliates against you for making the request, each of those actions is independently actionable.

Step 6: Consult an Employment Attorney

Most employment attorneys who handle pregnancy discrimination cases offer free initial consultations and work on contingency — they receive a percentage of your recovery, and their attorney fees are separately recoverable from the employer under Title VII § 706(k) regardless of the contingency arrangement. Because attorney fees are payable by the losing defendant, not deducted from your damages, having an attorney does not reduce your recovery. It typically increases it, and allows you to navigate EEOC procedures, preserve evidence correctly, and frame claims under the most favorable legal theories from the beginning.

Consult an attorney before the EEOC charge deadline, not after. Attorneys who review the case early can advise on evidence preservation, how to frame the charge, whether to request mediation, and whether state law provides additional remedies beyond the federal Title VII framework.

Step 7: Watch for Retaliation

After you file an EEOC charge, raise the issue with HR, or make a PWFA accommodation request, document any changes in how you are treated at work. Title VII § 704(a) prohibits retaliation against employees who oppose discriminatory practices or file charges. Retaliation can be obvious (termination) or subtle (schedule changes that reduce income, negative performance reviews with no prior record, exclusion from projects, sudden increased scrutiny). Keep records outside your work systems. If adverse action follows protected activity in a manner that suggests a connection, consult an employment attorney immediately — the retaliation claim may be as strong as or stronger than the underlying discrimination claim.

Return to the calculator to estimate your potential recovery, see the damages guide, or check the FAQ for specific procedural questions.