Pregnancy Discrimination & Accommodation Laws by State 2024

The Pregnancy Discrimination Act of 1978 offers basic, federal-level protections for pregnant females from any discrimination or harassment from employers. However, some states offer additional protections to pregnant women in the workplace.

This exhaustive list provides a list of states that offer state-level pregnancy discrimination protections, along with any pregnancy accommodations that may be offered as well.

*Georgia and Mississippi have laws providing additional protections to state employees only.

Table of Contents

Most States Have Specific Pregnancy Discrimination Statutes

At its core, pregnancy discrimination laws offer protections against termination from employers based strictly on circumstances related to pregnancy and maternity. Although not explicitly stated, this generally also covers other associated conditions, such as breastfeeding, childbirth, and other related medical conditions.

All but five states offer additional state-level protections against pregnancy discrimination in the workplace:

Alabama
Indiana
Nevada
North Carolina
South Dakota

Additionally, two other states offer pregnancy discrimination protections only for those employed by the state: Georgia & Mississippi.

Protections Are Usually Limited by Number of Employees

The Pregnancy Discrimination Act applies only to employers with 15 or more employees – and state-level pregnancy discrimination laws generally have similar restrictions with respect to the size of the employer.

All but 16 states have minimum employee requirements of some kind, but they can vary greatly from state to state:

In North Dakota, pregnancy discrimination laws are valid for employers who hire at least 1 employee for at least one quarter of each year.
Louisiana’s laws must be followed by employers with 25 or more employees – the highest in the country.

Some states may have specific employer restrictions that may result in some confusion for those seeking protections. For example, Virginia protects women from pregnancy discrimination if they work for an employer that has more than 5 but fewer than 15 employees.

Some Employers are Exempt From State-Level Pregnancy Discrimination Laws

Some states offer company exceptions to which these laws apply.

In 10 states, organizations associated with religion in certain capacities are exempt from these laws.
In 7 states, private clubs such as non-profit membership clubs and other similar social clubs are exempt.
In 5 states, employers of domestic workers – those who hire housekeeping and maid services for their household – are exempt.
In 5 states, certain non-profit organizations are exempt. These may include social and fraternal organizations (such as the Shriners and the Elks Lodge), along with charitable and educational organizations.

The rest of the states don’t specify exclusions, but there may be other variations that may be up for interpretation in the eyes of the law.

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Pregnancy Discrimination Laws: State by State

State	Protections against pregnancy discrimination?	State Codes (if applicable)	Minimum Number of Employees	Exempt Employers
Alabama	No
Alaska	Yes	Alaska Stat. § 18.80.220.	0	Most non-profit organizations, including social, fraternal, charitable, educational, and religious.
Arizona	Yes	Ariz. Rev. Stat. § 41-1463(B)	15	N/A
Arkansas	Yes	Ark. Code §§ 16-123-102, 107.	9	Religious Organizations
California	Yes	Cal. Gov’t Code §§ 12926, 12940.	5	Religious Non-Profit Organizations
Colorado	Yes	Colo. Rev. Stat. § 24-34-402	0	Non-taxpayer-funded Religious Organizations
Connecticut	Yes	Conn. Gen. Stat. Sec. § 46a-60(a)(7)(A).	3	N/A
Delaware	Yes	Del. Code Ann. tit. 19, §§ 710-11.Â	4	N/A
District of Columbia	Yes	D.C. Code §§ 2-1401.05(a), 1401.11.	0	Employers of domestic workers
Florida	Yes	Fla. Stat. § 760.10	15	N/A
Georgia	State employees only	Ga. Comp. R. & Regs. 478-1-.03.	0	N/A
Hawaii	Yes	Haw. Rev. Stat. §§ 378-1, 378-2; Haw. Code R. § 12-46-107.	0	N/A
Idaho	Yes	Idaho Code § 67-5909	5	Employers of domestic workers
Illinois	Yes	775 Ill. Comp. Stat. 5/2-102(I)	15	N/A
Indiana	No
Iowa	Yes	Iowa Code § 216.6(2).	4	Employers of domestic workers
Kansas	Yes	Kan. Stat. Ann. § 44-1009; Kan. Admin. Regs. § 21-32-6.	4	Fraternal and social non-profit organizations
Kentucky	Yes	Ky. Rev. Stat. §§ 344.030, 344.040.	8	Bona fide non-profit private clubs
Louisiana	Yes	La. Rev. Stat. § 23:342.	25	N/A
Maine	Yes	Me. Rev. Stat. tit. 5, §§ 4572, 4572-A.	0	N/A
Maryland	Yes	Md. Code, State Gov’t § 20 — 606	15	Bona fide tax-exempt private membership clubs
Massachusetts	Yes	Mass. Gen. Laws ch. 151B, § 4	6	Certain social and fraternal organizations
Michigan	Yes	Mich. Comp. L. § 37.2202.	0	N/A
Minnesota	Yes	Minn. Stat. § 363A.03(42); Minn. Stat. § 363A.08.	0	N/A
Mississippi	State employers only	27-110 Miss. Code R. § 7.3.9.	0	N/A
Missouri	Yes	Mo. Rev. Stat. § 213.055; Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)	6	Businesses owned and operated by religious groups
Montana	Yes	Mont. Code Ann. § 49-2-310.	0	N/A
Nebraska	Yes	Neb. Rev. St. §§ 48-1102, 1104.	15	Bona fide private membership clubs
Nevada	No
New Hampshire	Yes	N.H. Rev. Stat. Ann. § 354-A:7.	6	Social clubs, fraternal and religious non-profit organizations
New Jersey	Yes	N.J. Stat. Ann. § 10:5-12.	0	Religious Organizations
New Mexico	Yes	N.M. Stat. Ann. § 28-1-7; N.M. Code R. § 9.1.1.7(HH)(2).	4	N/A
New York	Yes	N.Y. Exec. L. §§ 292, 296	4	N/A
North Carolina	No
North Dakota	Yes	N.D. Cent. Code Ann. §§ 14-02.4-02, 14-02.4-03.	1	N/A
Ohio	Yes	Ohio Rev. Code §§ 4112.01, 4112.02.	4	N/A
Oklahoma	Yes	Okla. Stat. tit. 25, §§ 1301, 1302.Â	0	Employers of domestic workers
Oregon	Yes	Or. Rev. Stat. § 659A.029, 659A.030.	0	N/A
Pennsylvania	Yes	43 Pa. Stat. § 955; 16 Pa. Code § 41.102.	4	N/A
Rhode Island	Yes	R.I. Gen. Laws §§ 28-5-6, 28-5-7.	4	N/A
South Carolina	Yes	S.C. Code Ann. § 1-13-80; S.C. Code Ann. § 1-13-30.	15	Bona fide private membership clubs
South Dakota	No
Tennessee	Yes	Tenn. Code Ann. §§ 4-21-101, 4-21-401	8	Employers of domestic workers
Texas	Yes	Tex. Lab. Code Ann. §§ 21.051, 21.106.	15	N/A
Utah	Yes	Utah Code § 34A-5-106.	0	Religious businesses and organizations
Vermont	Yes	Vt. Stat. tit. 21, § 495	0	N/A
Virginia	Yes	Va. Code § 2.2-3903.	More than 5 but fewer than 15 employees	N/A
Washington	Yes	Wash. Rev. Code § 49.60.030	8	Religious Non-Profit Organizations
West Virginia	Yes	W. Va. Code § 5-11-9	12	Private Clubs
Wisconsin	Yes	Wis. Gen. Stat. §§ 111.31, et seq.	0	Social Clubs, Fraternal organizations
Wyoming	Yes	Wyo. Stat. § 27-9-105.	2	Religious organizations

Pregnancy Accommodation Laws by State

Additional statutes may provide rights to work-related accommodations for pregnant women on the job. These accommodations may include:

The right for pregnant persons to be treated the same as other individuals with similar disabilities.
The right for pregnant persons to take leave (paid or unpaid) for the same period of time as those who are equally disabled
The right to have reasonable accommodations for their limitations, including temporary transfer to a less strenuous position at the employee’s request
Protections against termination due to a person’s pregnancy disability

42 states and Washington, D.C. have state-level provisions for pregnancy accommodations. However, of those states, five provide protections only for state employees: Alabama, Arizona, Arkansas, Idaho, and Nebraska. And Alaska only details provisions for public employers.

In total, two states do not offer provisions for both pregnancy discrimination and pregnancy accommodations: Indiana and North Carolina.

Due to similar rights, limitations and exemptions for these laws generally follow the same restrictions as those provisions offering pregnancy discrimination protections.

Pregnancy Accommodation Laws: State by State

State	Has Provision?	State Code	Specific accommodations?
Alabama	Only for state employees	Ala. Admin. Code § 670-X-14-.02.	State employees may use any accrued sick time for maternity leave if they are actually disabled as a result of the pregnancy.
Alaska	Only for public employees	Alaska Stat. § 39.20.500(a). Alaska Stat. § 39.20.520.	Employers must treat pregnancy-related conditions as temporary disabilities. Employers are required to transfer pregnant employees to less strenuous positions at their request.
Arizona	Only for state employees	Ariz. Admin. Code Rule 2-5A-B602, B603.	Pregnant persons employed by the state are entitled to the same rights as those with similar disabilities.
Arkansas	Only for state employees	Ark. Code § 21-4-209.	Pregnant persons employed by the state are entitled to the same rights as those with similar disabilities.
California	Yes	Cal. Gov’t Code § 12945(1)-(2). Cal. Gov’t Code § 12945(3).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations
Colorado	Yes	3 Colo. Code Regs. § 708-1:80.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Connecticut	Yes	Conn. Gen. Stat. §§ 46a-60(a)(7)(B)-(G).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations.
Delaware	Yes	Del. Code Ann. tit. 19, §§ 710-11.	Employers must make reasonable accommodations for pregnant women with work-related limitations
District of Columbia	Yes	D.C. Code § 2-1401.05(b).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Florida	No
Georgia	No
Hawaii	Yes	Haw. Rev. Stat. § 378-1. Haw. Code R. § 12-46-107.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Idaho	Only for state employees	Idaho Admin. Code § 15.04.01.243.	Pregnant persons employed by the state are entitled to the same rights as those with similar disabilities.
Illinois	Yes	775 Ill. Comp. Stat. 5/2-102(I)-(J); Ill. Adm. Code tit. 56, § 5210.110.	Employers must make reasonable accommodations for pregnant women with work-related limitations
Indiana	No
Iowa	Yes	Iowa Code § 216.6(2).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Kansas	Yes	Kan. Admin. Regs. § 21-32-6.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Kentucky	Yes	Ky. Rev. Stat. § 344.030.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Louisiana	Yes	La. Rev. Stat. §§ 23:341-342.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Maine	Yes	Me. Rev. Stat. tit. 5, § 4572-A.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Maryland	Yes	Md. Code, State Gov’t § 20 — 609.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations.
Massachusetts	Yes	Mass. Gen. Laws ch. 151B, § 4; 804 Mass. Code Regs. 8.01 Mass. Gen. Laws ch. 149, § 105 d.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities, with additional rights regarding maternity leave.
Michigan	Yes	Mich. Comp. L. § 37.2202.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Minnesota	Yes	Minn. Stat. § 363A.08.	Employers must make reasonable accommodations for pregnant women with work-related limitations
Mississippi	Yes	27-110 Miss. Code R. § 3.2.	Employers must make reasonable accommodations for pregnant women with work-related limitations
Missouri	Yes	Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)(A). Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)(B).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Montana	Yes	Mont. Code Ann. § 49-2-310; Mont. Admin. R. 24.9.1203. Mont. Admin. R. 24.9.1206. Mont. Code Ann. § 49-2-311.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Nebraska	State employers only	273 Neb. Admin. Code § 10-005, 011.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Nevada	Yes	Nev. Rev. Stat. § 613.335.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
New Hampshire	Yes	N.H. Rev. Stat. Ann. § 354-A:7.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
New Jersey	Yes	N.J. Stat. Ann. § 10:5-3.1. N.J. Stat. Ann. § 34:11B-4.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations
New Mexico	Yes	N.M. Code R. § 9.1.1.7(HH)(2).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
New York	Yes	Brooklyn Union Gas Co. v. N.Y. State Human Rights Appeal Bd., 41 N.Y.2d 84, 359 N.E.2d 393 (1976).	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
North Carolina	No
North Dakota	No
Ohio	Yes	Ohio Rev. Code §§ 4112.01. Ohio Admin. Code § 4112-5-05.	Employer must allow a reasonable period of maternity leave – and the employee is entitled to return to the same or similar position afterward.
Oklahoma	Yes	Okla. Stat. tit. 25, § 1301; Okla. Admin. Code § 335:15-3-9. Okla. Admin. Code § 335:15-3-9.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Oregon	Yes	Or. Rev. Stat. § 659A.029.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Pennsylvania	Yes	43 Pa. Stat. § 955; 16 Pa. Code § 41.103.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Rhode Island	Yes	R.I. Gen. Laws § 28-5-6.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
South Carolina	Yes	S.C. Code Ann. § 1-13-30.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
South Dakota	Yes	S.D. Admin. R. 20:03:09:12.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Tennessee	Yes	Tenn. Code Ann. § 4-21-408.	Employer must allow four months of leave for adoption, pregnancy, and childbirth. The employee is entitled to return to the same or similar position afterward.
Texas	Yes	Tex. Lab. Code Ann § 21.106. Tex. Loc. Gov’t Code § 180.004.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Utah	No
Vermont	Yes	Vt. Stat. Ann. tit. 21, § 472.	Employer must allow up to twelve weeks of leave for pregnancy and childbirth. The employee is entitled to return to the same or similar position afterward.
Virginia	Yes	Va. Code § 2.2-3901.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Washington	Yes	Wash. Admin. Code § 162-30-020.	Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
West Virginia	Yes	W. Va. Code § 5-11B-2.	Employers must make reasonable accommodations for pregnant women with work-related limitations
Wisconsin	No
Wyoming	No

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Pregnancy Discrimination and Accommodation Laws by State