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. While the rest of the United States offers additional legal protection from pregnancy discrimination, it may have other stipulations and/or requirements that can muddy the waters as to whether you are being denied your rights.
Additional statutes may provide rights to work-related accommodations for pregnant women on the job. These accommodations may include:
- The right of 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 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
The legal protections provided by state and federal laws allow employees to continue to serve their employer while earning an income for themselves and their families. Unfortunately, employers may view these accommodations as deficiencies in overall company success, as the work capacity may be limited. Protecting an employee’s right to work while growing the excitement of welcoming an addition to their family should always be a top priority.
What Counts as Pregnancy Discrimination
Workplace pregnancy discrimination remains a serious problem across the country. One survey found that one in five mothers reported that they were the victim of pregnancy discrimination. Pregnancy discrimination can take many forms. Understanding common examples of pregnancy discrimination is a key first step for anyone seeking compensation for this type of workplace discrimination.
Workers may have a legal basis for a claim if they were:
- Fired or had their hours cut after announcing their pregnancy
- Disciplined for pregnancy-related absences
- Denied reasonable accommodations
- Denied a job position due to their pregnancy status
- Subjected to harassment, such as comments about breastfeeding or changes to their body
- Retaliated against after seeking an accommodation or protected time off
A successful pregnancy discrimination claim requires more than accusations. The affected party should gather evidence that documents both the discrimination and harm. Emails, termination letters, performance reviews, witness statements, and other forms of evidence can prove crucial for building a strong claim that leads to meaningful compensation.
How Pregnancy Discrimination Harms Workers and the Workroom Environment
With an average of around 3.5 million births per year, many female workers balance work and personal matters related to pregnancy every year in the United States. Pregnancy discrimination can have lasting consequences for both the affected worker and the broader workplace.
The expecting or recent mother can face financial hardships due to career setbacks. Wrongful terminations, denied promotions, and other forms of harm can also cause emotional harm, leaving the worker feeling degraded, humiliated, and undervalued.
More broadly, employees may become less likely to report concerns, request lawful accommodations, or take protected leave if they believe doing so could jeopardize their jobs. Productivity and retention can suffer as a result. A workplace that tolerates pregnancy discrimination also faces higher turnover and increased risk of legal exposure.
Protections Are Usually Limited by the 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. For example:
- 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 protection. For example, Virginia protects women from pregnancy discrimination if they work for an employer that has more than 5 but fewer than 15 employees.
Confusion like this can be avoided or, at the very least, limited with the help of a pregnancy discrimination lawyer. Not only will they be aware of the laws in your state that apply to your situation, but they can also help you determine whether your employer is breaking said laws.
Instead of facing the overwhelming task of trying to figure out whether your state allows employers to interact with pregnant individuals all by yourself, seek out the help of a knowledgeable pregnancy discrimination lawyer today.
A lawyer can effectively review your situation to ensure you are protected and, if you are, that your employer is not masking discriminatory practices in seemingly legal ways. It is particularly important to document any changes in performance feedback or direct expectations after informing your employer that you are pregnant.
Some Employers are Exempt From State-Level Pregnancy Discrimination Laws
Some states offer company exceptions to which these laws apply. If you are not incredibly well-versed in the pregnancy-specific laws of your state, it can be awfully difficult to determine whether you are or have been a victim of pregnancy discrimination in the workplace.
Some of these exemptions include, but are not limited to, the following:
- 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. A pregnancy discrimination lawyer can help you with this, as they are knowledgeable of both state-specific and national laws that grant rights to pregnant individuals in the workplace.
If you are unsure if you are protected by pregnancy discrimination laws, first speak with your HR representative or ask for an employee handbook, which should be able to provide information regarding these policies. If the policy is not provided or you do not receive an answer from your employer, a pregnancy discrimination lawyer could help in identifying how your employer is impacted by local, state, and federal laws.
Hire a Pregnancy Discrimination Lawyer
Winning a pregnancy discrimination case can be far more complicated than you may think, especially if you do not hire a pregnancy discrimination lawyer. Your employer could deny liability or seek to diminish the compensation that you are offered. The administrative complaint process can be highly complex, and court filings require careful wording and meeting strict deadlines.
When you work with a pregnancy discrimination lawyer, you gain the support of someone who can explain pregnancy discrimination laws and how they may apply to your case. You may have experienced a violation of FMLA rights, which has helped over 60 million Americans take protected time off work, or another pregnancy discrimination law.
With strong legal support, you can greatly improve the chances that your employer faces significant pregnancy discrimination penalties. Employment law attorneys are skilled negotiators and experienced litigators who can rely on their formal training and years of experience to see that you are fully compensated for the harm you endured.
When searching for the right pregnancy discrimination attorney, look for someone who focuses on employment law cases. They should have several years or more of experience handling pregnancy discrimination claims. When you come to your initial consultation, bring questions and note how well they pay attention to your needs and concerns. Finding the right employment law attorney can make all the difference in how your case plays out.
Let Nosrati Law, serve as an advocate for both you and your desired outcomes. We believe in helping you pursue justice, compensation, and peace of mind, and we will do everything in our power to help you work toward accomplishing these goals. While you may be able to reach a settlement outside of court, there is still the potential of going to court.
Depending on what area of Los Angeles is most conveniently located for you, your case may potentially be carried out in the Los Angeles Superior Court – Stanley Mosk Courthouse, the U.S. District Court for the Central District of California – Western Division, or one of the additional locations of the Los Angeles Superior Court, such as the Santa Monica or the Van Nuys courthouses.
FAQs
What States Have Pregnancy Accommodation Laws?
As of 2025, there are a total of 31 states and four cities that have passed pregnancy accommodation laws requiring employers to provide accommodations for pregnant employees to a reasonable degree. These states include Alaska, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, and Kentucky. It is becoming a more widely accepted practice as work-life balance becomes a higher priority in many companies and states.
What Is the New Law for Pregnancy Discrimination?
In 2022, the Pregnant Workers Fairness Act (PWFA) was officially signed into law, therefore requiring non-exempt employers to provide reasonable accommodations for their pregnant employees experiencing limitations, including but not limited to physical and/or mental conditions that are connected to or stem from pregnancy, giving birth, or any other related conditions. Laws like this help protect pregnant individuals from potential discriminatory acts, such as demotions, withholding promotions, or not hiring an individual based on something other than performance.
What States Do Not Have Additional State-Level Protections Against Pregnancy Discrimination in the Workplace?
While many states in the United States of America have worked to provide additional protection for pregnant individuals in the workplace, five states do not offer additional state-level protections against pregnancy in the workplace. They include Alabama, Indiana, Nevada, North Carolina, and South Dakota. In addition to this, Georgia and Mississippi only offer protection from pregnancy discrimination in the workplace to state employees.
Does Pregnancy Fall Under Reasonable Accommodation?
The Pregnant Workers Fairness Act (PWFA) makes it illegal for employers to withhold reasonable accommodations for their pregnant employees due to mental and/or physical limitations connected to pregnancy or childbirth. Laws like the PWFA help protect an individual’s right to work and get pregnant, as well as ensuring you cannot be wrongfully terminated and/or denied rightful opportunities due to your ability to become pregnant or your current state as a pregnant individual.
California Pregnancy Discrimination and Accommodation Attorney
Pregnancy discrimination and accommodation laws vary by state, and it can be overwhelming to try to determine what you can expect as a pregnant employee. This can be even worse when you find yourself uncertain of your rights or whether said rights are being violated by your employer.
Fortunately, a skilled pregnancy discrimination lawyer can help answer your questions, protect your rights, and pursue just compensation if you have experienced pregnancy discrimination in the workplace.
At Nosrati Law, you will find compassionate, confident, and knowledgeable legal representation. Your lawyer will explain complex legal statutes, terminology, and proceedings, as well as guide you every step of the way as you make a case for pregnancy discrimination against your employer.
You have the right to be treated with respect at your place of employment, and Nosrati Law, can help you pursue recompense for any disrespect and illegal treatment you may have suffered. Contact us today to schedule a consultation.
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Pregnancy Discrimination Laws: State by State
