Yes, it is illegal to fire someone for being pregnant. Federal law has prohibited pregnancy-based termination since 1978, and additional federal protections added in 2023 have significantly expanded employer obligations. An employer who fires a worker because of pregnancy can face back pay, compensatory damages, and punitive damages in federal court.
Most people know firing a pregnant employee is wrong. Fewer know the full legal framework, including three separate federal laws and stronger state protections that apply in most of the country.
The surprising fact is this: the EEOC recovered over $22 million for pregnancy discrimination victims in a recent fiscal year, and charges continue to rise. Pregnancy discrimination remains one of the most commonly filed workplace discrimination claims.
This guide covers every major protection: the PDA, the PWFA, the FMLA, state laws, at-will employment limits, how to prove discrimination, and exactly what damages you can recover.
Is It Illegal to Fire Someone for Being Pregnant
Yes, it is illegal to fire someone for being pregnant under federal law. The Pregnancy Discrimination Act (PDA), codified at 42 U.S.C. 2000e(k), prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. This prohibition covers termination, demotion, reduced hours, and any other adverse employment action.
The PDA applies to employers with 15 or more employees. It amended Title VII of the Civil Rights Act to treat pregnancy discrimination as a form of sex discrimination. Firing a pregnant employee because of their pregnancy is legally identical to firing them because of their sex, which has been illegal under federal law since 1964.
Beyond the PDA, the Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, added a requirement that employers provide reasonable accommodations to pregnant workers. Firing a worker for pregnancy-related limitations that could have been reasonably accommodated is also now a federal violation under the PWFA.
State laws add further protection in most states, often covering smaller employers and providing stronger remedies than federal minimums.
- PDA (42 U.S.C. 2000e(k)): prohibits termination for pregnancy, childbirth, or related conditions
- Applies to employers with 15 or more employees
- Treats pregnancy discrimination as sex discrimination under Title VII
- PWFA (42 U.S.C. 2000gg et seq.): adds reasonable accommodation obligation (effective 2023)
- State laws: often cover smaller employers and provide stronger protections
Can You Fire a Pregnant Employee
You cannot fire a pregnant employee because of their pregnancy. An employer can fire a pregnant employee for legitimate, non-pregnancy-related reasons, such as layoffs, documented performance issues, or misconduct, as long as the pregnancy is genuinely not a factor in the decision.
The legal distinction is between firing someone because of pregnancy and firing someone who happens to be pregnant. A retail store that lays off 30% of its workforce during a business restructuring can legally include a pregnant employee in that reduction if pregnancy is not the reason for the selection. A store that fires a pregnant employee specifically because she is pregnant, or because it anticipates costs related to her pregnancy, is violating the PDA.
The challenge in enforcement is that employers rarely state pregnancy as the explicit reason for termination. Most pregnancy discrimination cases involve employers who cite performance, attitude, or business necessity as the stated reason while the pregnancy is the actual motivating factor. Courts and the EEOC look at the totality of circumstances to determine whether pregnancy was the real reason.
Firing a pregnant employee shortly after learning of the pregnancy, without any prior documented performance issues, creates a strong inference of discrimination that employers have difficulty rebutting.
| Scenario | Legal Status | Basis |
|---|---|---|
| Fired because of pregnancy | Illegal | PDA (42 U.S.C. 2000e(k)) |
| Fired during layoff that includes pregnant worker for legitimate reasons | Legal if pregnancy not a factor | PDA permits non-discriminatory terminations |
| Fired for documented misconduct that predates pregnancy disclosure | Legal if non-pretextual | Legitimate non-discriminatory reason |
| Fired shortly after pregnancy disclosure with no prior issues | Likely illegal | Creates strong inference of discrimination |
| Fired for failing to perform work that accommodation could have addressed | Likely illegal | PWFA (42 U.S.C. 2000gg) |
Pregnancy Discrimination Law
Pregnancy discrimination law in the United States operates through three primary federal statutes and a network of state laws. Each law covers different aspects of pregnancy-related workplace rights, and they work together to create layered protections.
The Pregnancy Discrimination Act (PDA) is the foundational federal law, enacted in 1978 as an amendment to Title VII. It prohibits discrimination based on pregnancy, childbirth, or related medical conditions in all aspects of employment, including hiring, firing, pay, job assignments, promotions, and benefits.
The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, filled a gap the PDA left open. The PDA required equal treatment but did not require employers to accommodate pregnant workers. The PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause undue hardship.
The Family and Medical Leave Act (FMLA) provides a third layer by guaranteeing eligible employees up to 12 weeks of unpaid, job-protected leave for the birth of a child or for pregnancy-related health conditions.
- PDA (42 U.S.C. 2000e(k)): prohibits pregnancy-based discrimination in all employment decisions
- PWFA (42 U.S.C. 2000gg et seq.): requires reasonable accommodations for pregnancy-related limitations
- FMLA (29 U.S.C. 2601): provides 12 weeks job-protected unpaid leave
- State laws: often provide broader coverage and stronger remedies
- All three laws can apply simultaneously to a single employee’s situation
Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) is the primary federal law prohibiting termination and other adverse employment actions based on pregnancy. Enacted in 1978 and codified at 42 U.S.C. 2000e(k), it amended Title VII of the Civil Rights Act to explicitly include pregnancy as a protected category.
The PDA requires that employers treat pregnant employees the same as non-pregnant employees who are similarly situated in their ability or inability to work. An employer that allows workers with temporary disabilities, such as broken bones or post-surgical recovery, to take light duty or modified schedules must extend the same options to pregnant workers with similar physical limitations.
The PDA applies to any employer with 15 or more employees, including private employers, state and local governments, and federal government contractors. It covers the entire employment relationship: hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits.
One important misconception: the PDA does not require employers to give pregnant workers special treatment or preferential scheduling. It requires equal treatment. The employer is not required to create a light-duty position specifically for a pregnant worker if no such position exists and other workers with similar limitations would not receive it.
- Enacted: 1978, codified at 42 U.S.C. 2000e(k)
- Coverage: employers with 15 or more employees
- Prohibits: discrimination in hiring, firing, pay, benefits, and all other employment terms
- Equal treatment standard: pregnant workers treated same as similarly situated non-pregnant workers
- Covers: pregnancy, childbirth, and related medical conditions
- Enforced by: EEOC and private lawsuits in federal court
Key Takeaway: The Pregnancy Discrimination Act has prohibited firing employees because of pregnancy since 1978. It applies to employers with 15 or more employees and treats pregnancy discrimination as a form of illegal sex discrimination under Title VII.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA), codified at 42 U.S.C. 2000gg et seq., took effect on June 27, 2023, and created a new category of employer obligation that did not exist under the PDA alone. The PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Before the PWFA, an employer could refuse to accommodate a pregnant worker’s physical limitations as long as it would have refused the same accommodation to any other worker. The PWFA changed this: employers must now engage in an interactive process and provide reasonable accommodations specifically for pregnancy-related limitations, even if they would not provide those same accommodations for other workers.
The EEOC issued final regulations implementing the PWFA in April 2024. These regulations clarify that covered conditions include not only current pregnancy but also past pregnancy, potential pregnancy, infertility, use of contraception, lactation, postpartum recovery, and related conditions. The scope of coverage is significantly broader than the PDA.
Firing an employee because they requested a reasonable accommodation under the PWFA is itself a separate violation, in addition to any underlying termination-based PDA claim.
| Protection Area | PDA (1978) | PWFA (2023) |
|---|---|---|
| Prohibits pregnancy-based termination | Yes | Yes |
| Requires reasonable accommodation | No | Yes |
| Covers current pregnancy | Yes | Yes |
| Covers lactation | Limited | Yes (explicitly) |
| Covers infertility treatment | Limited | Yes |
| Employer size threshold | 15 employees | 15 employees |
| Interactive accommodation process required | No | Yes |
Can an Employer Fire You for Being Pregnant
An employer cannot legally fire you for being pregnant under the PDA, the PWFA, or the anti-retaliation provisions of FMLA. These three federal laws create overlapping protections that make pregnancy-based termination illegal across virtually every employer-employee relationship in the United States.
The practical challenge is that employers who discriminate rarely announce their real reason. An employer who fires a pregnant worker will almost always cite a different reason: performance, attitude, business downturn, or redundancy. The legal question becomes whether that stated reason is genuine or pretextual.
Courts evaluate pretext by looking at the timing of the termination, whether similarly situated non-pregnant employees received the same treatment, whether the employer followed its normal termination procedures, and whether the employer’s stated reason is consistent or has shifted over time.
An employer who fires a worker within days or weeks of learning about the pregnancy, with no prior documented performance concerns, will have an extremely difficult time convincing a court or the EEOC that the termination was unrelated to the pregnancy.
- Federal law: PDA, PWFA, and FMLA collectively prohibit pregnancy-based termination
- Employer’s stated reason: evaluated for pretext by EEOC and courts
- Key evidence of pretext: timing, comparative treatment, procedural irregularities
- No prior performance issues: strong indicator that stated reason is pretextual
- Retaliation for requesting accommodation: separately prohibited under PWFA
- Protection applies: during pregnancy, postpartum period, and related conditions
FMLA Pregnancy Protections
The Family and Medical Leave Act (FMLA, 29 U.S.C. 2601) provides pregnant employees with up to 12 weeks of unpaid, job-protected leave per year. Employers cannot fire an employee for taking FMLA leave related to pregnancy, childbirth, or recovery.
FMLA applies to employers with 50 or more employees within 75 miles of the employee’s work site. The employee must have worked for the employer for at least 12 months and at least 1,250 hours in the previous 12-month period to be eligible.
FMLA leave for pregnancy can be used before birth for prenatal care, pregnancy-related illness, or incapacity due to pregnancy. It can also be used after birth for bonding with the newborn or for recovery from childbirth. FMLA leave does not have to be taken all at once; it can be taken intermittently for medical appointments or recurring pregnancy-related conditions.
Firing an employee for taking FMLA leave, or for requesting FMLA leave, is illegal retaliation under the FMLA. An employer who fires a pregnant worker while she is on FMLA leave faces both FMLA retaliation claims and PDA discrimination claims simultaneously.
- FMLA provides: up to 12 weeks unpaid, job-protected leave per year
- Coverage: employers with 50+ employees within 75 miles of work site
- Employee eligibility: 12 months of employment, 1,250 hours in prior year
- Use: prenatal care, pregnancy-related conditions, childbirth, bonding, recovery
- Intermittent leave: permitted for recurring pregnancy-related needs
- Firing for FMLA leave: illegal retaliation under 29 U.S.C. 2601
At-Will Employment and Pregnancy
At-will employment does not allow employers to fire pregnant employees for their pregnancy. This is one of the most pervasive and dangerous misconceptions in employment law. At-will employment means an employer can fire a worker for any reason that is not illegal. Pregnancy discrimination is illegal under federal law.
At-will employment is the default employment relationship in 49 of 50 states (Montana is the exception). It means an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as the reason is not a legally prohibited one. The PDA, PWFA, FMLA, and anti-discrimination laws create exceptions to the at-will rule.
Many pregnant workers who are fired accept the termination without question because they believe their employer had the right to fire them at will. This is incorrect. Being at-will does not strip you of your federal civil rights protections. If the actual reason for your termination was your pregnancy, the at-will doctrine does not protect the employer.
Some employment contracts, collective bargaining agreements, and employee handbooks create additional protections beyond at-will employment. If your employer has promised that terminations will only occur for cause, that promise may also provide grounds for a wrongful termination claim independent of discrimination law.
- At-will employment: allows termination for any legal reason
- Pregnancy discrimination: an illegal reason, not protected by at-will doctrine
- Federal law creates exceptions to at-will: PDA, PWFA, FMLA, Title VII
- At-will state exceptions: Montana requires good cause for termination
- Common misconception: at-will employment means employers can fire for any reason
- Correct understanding: at-will means any reason except illegal ones
Key Takeaway: At-will employment does not protect employers who fire workers because of pregnancy. Federal law makes pregnancy discrimination an illegal reason for termination, creating a direct exception to the at-will employment doctrine.
Wrongful Termination Pregnancy
Wrongful termination based on pregnancy refers to being fired in violation of the PDA, PWFA, FMLA, or state anti-discrimination laws. It is one of the most actionable wrongful termination claims in employment law, with strong federal statutory backing and a well-developed body of case law.
A wrongful termination pregnancy claim differs from a simple unfair termination claim. Not every firing that feels unfair is illegal. Pregnancy-based firing is specifically illegal because it violates federal civil rights statutes. The employee must show that pregnancy was the motivating factor in the termination decision.
Courts use two primary analytical frameworks for pregnancy discrimination claims. The McDonnell Douglas burden-shifting framework requires the employee to establish a prima facie case of discrimination (showing they were pregnant, qualified, suffered an adverse action, and were treated differently than similarly situated non-pregnant employees). The employer must then provide a legitimate reason. The employee must then show that reason is pretextual.
The mixed-motive framework applies when pregnancy was one of several factors in the termination decision. Even in mixed-motive cases, if pregnancy played any role in the decision, the employer may be liable, though damages may be limited.
- Wrongful termination based on pregnancy: violation of federal civil rights law
- Legal standard: pregnancy must be a motivating factor in the termination
- McDonnell Douglas framework: prima facie case, legitimate reason, pretext rebuttal
- Mixed-motive cases: liability possible even when pregnancy is one of several factors
- Evidence: timing, comparative treatment, employer inconsistencies, shifting reasons
- Constructive discharge: forced to quit due to intolerable pregnancy-related conditions also actionable
What Are Your Rights If Fired While Pregnant
If you are fired while pregnant, you have the right to file a charge with the EEOC within 180 to 300 days of the discriminatory act, the right to pursue a federal lawsuit for back pay and damages, and the right to request continuation of health insurance coverage under COBRA. You also retain all rights to any accrued benefits.
Your rights do not end at termination. An employer cannot retaliate against you for filing an EEOC charge after being fired. Retaliation for reporting discrimination or filing a charge is itself a separate federal violation under Title VII.
You have the right to a copy of your personnel file in most states, which can be critical evidence in a discrimination claim. You have the right to unemployment benefits if you were fired without cause (pregnancy-based termination typically qualifies). You retain FMLA rights if your termination violates the FMLA.
Documenting everything immediately after termination is critical. Write down every conversation about the termination, preserve any written communications, and note the names of witnesses who may have observed relevant events.
- EEOC charge filing: 180 days in states without a fair employment agency, 300 days in states with one
- Federal lawsuit: available after receiving EEOC right-to-sue letter
- Back pay: wages lost from termination to trial or settlement
- COBRA: right to continue employer health insurance for up to 18 months
- Personnel file: right to access in most states (document immediately)
- Unemployment benefits: firing due to pregnancy typically qualifies as without cause
How to Prove Pregnancy Discrimination
Proving pregnancy discrimination requires showing that pregnancy was the real reason for the adverse employment action, even when the employer provides a different stated reason. Courts allow this proof through direct evidence, circumstantial evidence, or comparative evidence.
Direct evidence is rare. Very few employers explicitly state that they are firing someone because of pregnancy. Most cases rely on circumstantial evidence, which is legally sufficient to prove discrimination.
The strongest forms of circumstantial evidence include: the timing of the termination relative to pregnancy disclosure; comments by supervisors or managers about the pregnancy, maternity leave, or the employee’s ability to perform while pregnant; a pattern of pretextual performance criticisms that began after the pregnancy was disclosed; and the treatment of non-pregnant employees who had similar performance issues but were not terminated.
Comparative evidence is particularly powerful. If a non-pregnant employee with identical or worse performance metrics was not fired, that comparison directly undermines the employer’s claimed legitimate reason for the termination.
- Direct evidence: explicit pregnancy-related statements from decision-makers
- Timing evidence: termination close in time to pregnancy disclosure
- Comparative evidence: non-pregnant employees treated more favorably
- Supervisor comments: statements about pregnancy, leave, or work capacity
- Documentation changes: new performance criticisms beginning after disclosure
- Prior performance history: absence of complaints before pregnancy known
What to Do If Fired While Pregnant
If you are fired while pregnant, the most important immediate steps are to document everything, preserve all evidence, and meet the EEOC filing deadline. Acting quickly protects your legal rights.
Document the termination in writing immediately. Write down exactly what was said, who said it, when it was said, and who was present. Send yourself an email with these notes so there is a timestamped record. Preserve any text messages, emails, or other communications related to your termination and your pregnancy.
Request your personnel file and separation documentation. In most states, you have a legal right to review your employment records. Reviewing what the employer has documented about your performance and termination reveals whether the stated reason is supported by prior documentation or was created after the fact.
File an EEOC charge within the applicable deadline. In most states with their own fair employment agencies (called “deferral states”), you have 300 days from the discriminatory act to file. In states without such agencies, you have 180 days. Missing this deadline forfeits your right to sue under federal law.
- Document everything in writing immediately, with timestamps
- Preserve all communications: texts, emails, performance reviews, termination letters
- Request your personnel file: available by right in most states
- File EEOC charge: 300 days in deferral states, 180 days in non-deferral states
- Apply for unemployment: pregnancy-based firing typically qualifies
- Contact your state’s fair employment agency: state claims often have different deadlines
Key Takeaway: If fired while pregnant, document everything immediately and file an EEOC charge within the applicable deadline. Missing that deadline eliminates your federal lawsuit rights permanently. Acting fast is the single most important step you can take.
EEOC Pregnancy Discrimination Complaint
Filing an EEOC pregnancy discrimination complaint is the required first step before you can file a federal lawsuit for pregnancy discrimination. The EEOC charge process is free, and you do not need an attorney to file.
The EEOC (Equal Employment Opportunity Commission) handles all federal employment discrimination charges. You can file online through the EEOC’s public portal, by mail, or in person at an EEOC field office. Your charge should describe the discriminatory acts, the dates they occurred, and the employer’s information.
After filing, the EEOC will notify your employer and may investigate. The EEOC can attempt mediation between you and your employer, conduct a full investigation, or issue a right-to-sue letter allowing you to file a federal lawsuit. The EEOC typically issues a right-to-sue letter within 180 days of filing if no resolution is reached.
The EEOC recovered $22.5 million in fiscal year 2022 specifically for pregnancy discrimination charges, not counting amounts recovered through litigation. The agency resolves thousands of pregnancy discrimination charges annually through mediation, conciliation, and settlement.
- EEOC charge: required before filing a federal pregnancy discrimination lawsuit
- Filing methods: online portal, mail, or in-person at EEOC field office
- Cost: free, no attorney required
- Deadline: 180 days (non-deferral states) or 300 days (deferral states) from discriminatory act
- Process: notification to employer, possible mediation, investigation, or right-to-sue letter
- Right-to-sue letter: issued within 180 days if no resolution, required before federal lawsuit
Penalties for Firing a Pregnant Employee
Employers who illegally fire pregnant employees face significant financial penalties, including back pay, compensatory damages, punitive damages, and attorney’s fees. The EEOC and federal courts have broad authority to impose remedies that make the employee whole and deter future discrimination.
Back pay compensates for wages and benefits lost from the date of the illegal termination to the date of judgment or settlement. Front pay compensates for future lost earnings when reinstatement is not practical. Together, these can represent years of income for an employee wrongfully terminated during or shortly before peak earning years.
Compensatory damages cover non-economic harms including emotional distress, mental anguish, and loss of enjoyment of life caused by the discrimination. Punitive damages are available when the employer acted with malice or reckless indifference to the employee’s federally protected rights.
Federal law at 42 U.S.C. 1981a caps combined compensatory and punitive damages based on employer size. Employers with 15 to 100 employees face a cap of $50,000. Employers with 101 to 200 employees face a cap of $100,000. Employers with 201 to 500 employees face a cap of $200,000. Employers with more than 500 employees face a cap of $300,000. Back pay and front pay are not subject to these caps.
| Employer Size | Compensatory and Punitive Damages Cap |
|---|---|
| 15 to 100 employees | $50,000 |
| 101 to 200 employees | $100,000 |
| 201 to 500 employees | $200,000 |
| More than 500 employees | $300,000 |
| Back pay and front pay | No cap |
| Attorney’s fees (if plaintiff prevails) | No cap |
Damages for Pregnancy Discrimination
Damages for pregnancy discrimination include back pay, front pay, compensatory damages for emotional distress, punitive damages for malicious conduct, and attorney’s fees. The combination of these remedies can result in substantial financial recovery.
Back pay is calculated from the date of the discriminatory act to the date of trial or settlement, minus any income the employee earned during that period (mitigation). An employee who was earning $60,000 annually and whose case resolves two years after termination might recover $120,000 in back pay, reduced by any earnings from other employment during that period.
Compensatory damages for emotional distress have ranged from nominal amounts in cases with minimal documented harm to hundreds of thousands of dollars in cases with significant psychiatric evidence of damage. Courts evaluate the severity and duration of the emotional harm, whether the employee sought treatment, and the impact on relationships and daily functioning.
Punitive damages require proof that the employer acted with malice or reckless indifference. In pregnancy discrimination cases, this is often shown through evidence that supervisors knew about the PDA and deliberately violated it, or that the employer had a pattern of pregnancy-related terminations.
- Back pay: wages and benefits lost from termination to resolution, minus mitigation
- Front pay: future lost earnings when reinstatement is not available
- Compensatory damages: emotional distress, mental anguish, humiliation
- Punitive damages: available for malicious or reckless employer conduct
- Statutory caps: $50,000 to $300,000 for combined compensatory and punitive damages
- Attorney’s fees: recoverable by prevailing plaintiffs under Title VII fee-shifting provision
Can You Be Fired While on Maternity Leave
Firing an employee while they are on maternity leave is illegal under both the PDA and the FMLA in most circumstances. The protections that apply during pregnancy continue through the post-birth period and through the duration of any protected leave.
FMLA specifically prohibits termination of an employee for taking or requesting FMLA leave. An employer who fires an employee during their 12-week FMLA maternity leave faces FMLA retaliation claims in addition to any PDA claims. The two claims together create powerful combined liability.
The exception is a legitimate, non-discriminatory reason that would have resulted in termination regardless of the maternity leave. A company that conducts a significant layoff during the period an employee is on maternity leave may legally include that employee if the layoff decision was genuinely unrelated to the leave. However, the timing creates a strong inference of discrimination that the employer must overcome.
The post-birth period also receives protection beyond FMLA. Conditions related to childbirth and recovery, including postpartum depression, breastfeeding, and recovery from a cesarean section, are covered by the PDA and PWFA as pregnancy-related conditions. Terminating an employee for any of these conditions is as illegal as firing them for being pregnant.
- Firing during FMLA leave: illegal retaliation under FMLA (29 U.S.C. 2601)
- Firing during maternity leave for non-FMLA reasons: evaluated under PDA
- Layoffs during maternity leave: permissible only if pregnancy genuinely not a factor
- Postpartum conditions: protected under PDA and PWFA as pregnancy-related
- Breastfeeding discrimination: protected under FLSA and state laws
- Return-to-work rights: FMLA guarantees return to same or equivalent position
Small Business Pregnancy Discrimination Law
Small businesses with fewer than 15 employees are exempt from the PDA and PWFA at the federal level. However, many states have enacted pregnancy discrimination protections that cover employers with far fewer employees, sometimes covering all employers regardless of size.
The 15-employee federal threshold means a business with 14 employees is not subject to the PDA or Title VII. But state law frequently fills this gap. California’s Fair Employment and Housing Act (FEHA) covers employers with 5 or more employees. New York’s Human Rights Law covers employers with 4 or more employees. Illinois’s Human Rights Act covers employers with one or more employees for most discrimination claims.
In states where coverage extends to small employers, the substantive prohibitions are often identical to or stronger than federal law. A small business owner who fires a pregnant employee in California faces the same substantive legal exposure as a large corporation, because state law covers employers with as few as 5 employees.
Small businesses are not exempt from FMLA entirely, but FMLA’s 50-employee threshold means most small businesses are also exempt from that requirement. State family and medical leave laws in several states cover smaller employers.
| State | State Law | Minimum Employees Covered | Key Statute |
|---|---|---|---|
| California | FEHA | 5 | Cal. Gov’t Code 12940 |
| New York | Human Rights Law | 4 | N.Y. Exec. Law 296 |
| Illinois | Human Rights Act | 1 | 775 ILCS 5/2-102 |
| Washington | Law Against Discrimination | 8 | RCW 49.60 |
| Colorado | CADA / EADA | 1 | C.R.S. 24-34-402 |
| Federal (PDA/PWFA) | Title VII / PWFA | 15 | 42 U.S.C. 2000e(k) |
| Federal (FMLA) | FMLA | 50 | 29 U.S.C. 2601 |
Pregnancy Discrimination State Laws
State pregnancy discrimination laws frequently provide broader protections than federal law, covering smaller employers, offering longer filing deadlines, allowing higher damage awards, and providing additional substantive rights. Every state has some form of pregnancy discrimination protection, though the strength varies.
California has among the most comprehensive protections. The California FEHA covers employers with 5 or more employees and provides protections against discrimination and for reasonable accommodation that parallel and in some respects exceed federal PWFA requirements. California’s Pregnancy Disability Leave law provides up to 4 months of job-protected leave for pregnancy-related disability, which is separate from and in addition to FMLA leave.
New York passed the NYCHRL (New York City Human Rights Law), which covers all employers in New York City regardless of size, and provides the broadest pregnancy discrimination protections of any jurisdiction in the country, with virtually no employer size exemption and broad remedies.
Washington, Colorado, Illinois, Massachusetts, and many other states have enacted state-level pregnant worker fairness laws that mirror or exceed the federal PWFA, often with their own filing procedures and remedies administered through state agencies.
- State laws: often cover smaller employers than federal 15-employee threshold
- California FEHA: covers 5+ employee employers, up to 4 months pregnancy disability leave
- New York NYCHRL: covers all NYC employers, broadest protections in country
- Filing deadlines: state agencies often have different deadlines from EEOC’s 300-day limit
- Damages: some states do not impose caps on compensatory and punitive damages
- Dual filing: many state claims can be filed simultaneously with EEOC charges
Frequently Asked Questions
Can a company fire you just because you are pregnant?
No, a company cannot legally fire you because you are pregnant.
The Pregnancy Discrimination Act (PDA) has prohibited pregnancy-based termination since 1978, and the Pregnant Workers Fairness Act added further protections in 2023.
An employer with 15 or more employees who fires you because of pregnancy violates federal law, regardless of whether you are at-will.
Does pregnancy discrimination law apply to small businesses with fewer than 15 employees?
Federal pregnancy discrimination law under the PDA and PWFA applies only to employers with 15 or more employees.
However, most states have their own laws covering smaller employers. California covers employers with 5 or more employees. New York covers employers with 4 or more. Illinois covers all employers.
Employees at very small businesses should check their specific state’s fair employment law for coverage.
What is the difference between the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act?
The PDA (1978) prohibits discrimination based on pregnancy but does not require employers to provide accommodations.
The PWFA (effective June 27, 2023) requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations, even if they would not provide those accommodations to other workers.
The PWFA filled a major gap in the law by creating an affirmative accommodation obligation that the PDA never included.
How long do you have to file a pregnancy discrimination claim with the EEOC?
You have 300 days from the discriminatory act to file an EEOC charge if your state has a fair employment agency (which includes most states).
In states without such agencies, the deadline is 180 days.
Missing this deadline permanently forfeits your right to file a federal lawsuit under the PDA or PWFA.
How much money can you get if you win a pregnancy discrimination lawsuit?
Recovery includes back pay, front pay, compensatory damages, and potentially punitive damages.
Federal law caps combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, but back pay and front pay are not capped.
Some state laws have no damage caps, allowing much higher recoveries in states like California and New York.
Pregnancy Discrimination Is Illegal. Knowing Your Rights Makes the Difference.
The legal framework protecting pregnant workers is stronger in 2026 than it has ever been. The PDA, PWFA, FMLA, and state laws together create layered protections that apply from pregnancy through postpartum recovery.
Bookmark this page and share it with anyone who needs to understand their rights at work. Laws in this area continue to evolve, and staying informed is the most powerful protection you have.
