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Pregnancy Discrimination and Accommodation Laws by State

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.

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.  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.  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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