September 2, 2026
Pregnant workers are a critical part of the U.S. economy. With more than 2.8 million pregnant workers employed today, 82% will continue working until one month before childbirth. Despite this, pregnant workers remain a vulnerable demographic in America’s workforce. The United States is one of the few developed countries that does not provide universal paid parental leave. This compromises pregnant workers’ job security and access to healthcare. Furthermore, some employers failure to follow the law and provide workplace accommodations exacerbates stress and poor health for expectant workers.
Pregnancy should be a time of anticipation and support, not anxiety about losing ones’ livelihood. Understanding what protections are available under federal and state law is the first step toward recognizing and addressing discrimination.
The Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, codified the requirement that employers with 15 or more employees provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, with limited exceptions. In 2024, the Equal Employment Opportunity Commission (EEOC) issued a set of regulations thatdefine the statute’s requirements in practical terms, including by explaining how the accommodation framework operates in practice.
Examples of reasonable accommodations include:
- Additional restroom, water, or rest breaks
- Temporary modifications to lifting requirements
- The ability to sit or stand as needed
- Modified schedules for prenatal or postpartum medical appointments
- Temporary reassignment of certain job duties
- Leave for pregnancy-related medical needs when appropriate
Importantly, employers cannot automatically deny accommodation requests, force employees to take leave if another accommodation would allow them to continue working or retaliate against workers for requesting accommodations.
Nevertheless, pregnancy discrimination continues to persist and it’s not always obvious. In many cases, it appears through subtle changes in workplace treatment after an employee announces a pregnancy or requests an accommodation.
Are You Experiencing Pregnancy Discrimination (And What to Do About It)?
1. Your Employer Questions Your Ability to Do Your Job
If concerns about your commitment, reliability, or performance arise only after you announce your pregnancy despite a strong track record, it may be a red flag. Assumptions that pregnant employees are less dedicated or capable are stereotypes, not legitimate performance concerns.
2. You Are Denied Opportunities You Previously Received
If you’re suddenly excluded from key projects, training, or promotion opportunities after disclosing your pregnancy, it could be a red flag. Unexplained changes in opportunities may indicate discriminatory treatment rather than a legitimate business decision.
3. Reasonable Accommodation Requests Are Automatically Rejected
If your accommodation requests are routinely denied without discussion or consideration of your specific needs, it may be a red flag. Employers are generally expected to engage in an interactive process rather than apply blanket refusals or inflexible policies.
4. You Are Pressured to Take Leave or a Smaller Role
If you’re pressured to take leave, reduce your hours, or step back from your responsibilities because of your pregnancy, it may be a red flag. Employees cannot be forced onto leave when a reasonable accommodation would allow them to continue doing their job.
5. Your Hours, Responsibilities, or Schedule Are Reduced Without Cause
If your hours, schedule, or responsibilities are reduced after announcing your pregnancy, it may be a red flag, especially if you did not request the change. Unexplained reductions in job duties or opportunities may indicate discriminatory treatment.
6. Co-Workers or Managers Make Negative Comments About Pregnancy
Comments suggesting you are less committed, capable, or reliable because of your pregnancy may be a red flag. These stereotypes can contribute to a hostile work environment and may indicate discriminatory attitudes.
What Employees Should Do
If you believe you are experiencing pregnancy discrimination:
- Document conversations, emails, and workplace decisions.
- Keep records of accommodation requests and responses.
- Review your company’s policies and procedures.
- Report concerns through the appropriate internal channels.
- Understand the PWFA, the Pregnancy Discrimination Act, and applicable state and local laws.
Legal Resources
A Better Balance: A national advocacy organization dedicated to worker rights, A Better Balance led the way to the passage of the federal Pregnant Workers Fairness Act.
Tel.: 1.833.633.3222
Web: abetterbalance.org
Equal Rights Advocates: A national civil rights organization dedicated to protecting and expanding economic and educational access for women and girls.
Tel.: 1.415.621.0672
Web: equalrights.org
National Women’s Law Center: A national civil rights organization that fights for gender justice on issues that are central to the lives of women and girls.
Tel.: 1.202.588.5180
Web: nwlc.org
National Partnership for Women & Families: Founded in 1971 as the Women’s Legal Defense Fund, the National Partnership for Women & Families is a national, non-profit, non-partisan advocacy organization located in Washington, D.C., that works to change policy and culture in the United States.
Tel.: 1.202.986.2600
Web: nationalpartnership.org
Cohen Milstein Sellers & Toll LLP: A national plaintiffs’ law firm handling employment discrimination and civil rights lawsuits.
Contacts: Harini Srinivasan, Partner, and Aniko Schwarcz, Of Counsel
Tel.: 1.202.408.4600
Web: cohenmilstein.com