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WorkRights public legal education

Pregnancy Discrimination at Work

Pregnancy-related workplace problems can involve discrimination, accommodation, leave, lactation, medical restrictions, attendance, or return to work.

Pregnancy-related workplace problems can involve discrimination, accommodation, leave, lactation, medical restrictions, attendance, or return to work. Those are related issues, but they should not be collapsed into one vague “pregnancy case.”

Identify what the employer did

Was the worker denied a job, removed from duties, denied an adjustment, placed on leave, disciplined for absence, denied pumping time or space, or terminated? What reason was given?

Compare treatment carefully

If the issue is discrimination, relevant comparisons may include how the employer treats other workers similar in their ability or inability to work, depending on the law and theory involved. If the issue is accommodation under the PWFA or another law, the focus may instead be the known limitation, requested adjustment, essential functions, duration, and undue hardship.

Keep the work and medical records connected—but limited

Preserve the restriction or medical note actually provided to the employer, the request, HR or supervisor communications, leave records, attendance entries, job duties, proposed alternatives, and decision. Avoid unnecessary disclosure of unrelated medical history.

Retaliation can become a separate question

If treatment worsens after a pregnancy-related complaint, accommodation request, or participation in an agency process, preserve the timing and later decisions. The specialist retaliation analysis belongs on Retaliation.org when that separate specialist resource is available.