Pregnancy Discrimination

Pregnancy Discrimination at Work: Know Your Rights

If you believe you’ve been treated unfairly at work because of pregnancy, childbirth, or a related medical condition — or denied a reasonable accommodation — you may have a legal claim. This area of law changed significantly in 2023, and many employers and employees alike aren’t yet aware of how much stronger the accommodation right has become.

The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about pregnancy discrimination and accommodation claims.

What Is Pregnancy Discrimination?

Pregnancy discrimination happens when an employer treats you unfairly because of pregnancy, childbirth, or a related medical condition. This can include:
  • Being passed over for hiring, promotion, or a raise because you’re pregnant or may become pregnant
  • Being forced onto unpaid leave when you’re willing and able to work with an accommodation
  • Being denied a reasonable accommodation for pregnancy, childbirth, or a related condition
  • Retaliation against an employee who requests an accommodation or reports pregnancy discrimination

Two Different Federal Laws, Two Different Rights

It’s easy to confuse these, but they do different jobs:

  • The Pregnancy Discrimination Act (PDA), a 1978 amendment to Title VII, prohibits discriminating against someone because of pregnancy, childbirth, or related conditions — but on its own, it does not require an employer to provide an accommodation.
  • The Pregnant Workers Fairness Act (PWFA), a much newer federal law effective June 27, 2023, fills that gap: it requires covered employers (15 or more employees) to provide a reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship.

Why the PWFA Is a Bigger Deal Than Many Realize

The PWFA works differently from the ADA in ways that favor employees:
  • The employer bears the burden of proving undue hardship. You don’t have to prove the accommodation was reasonable — your employer has to prove it wasn’t.
  • You can be “qualified” even if you temporarily can’t perform an essential job function. Unlike the ADA, the PWFA doesn’t require you to be able to perform every essential function, with or without accommodation, if the inability is temporary (generally understood as up to about 40 weeks) and the function could be performed again in the near future.
  • It covers a very broad range of conditions, including miscarriage, stillbirth, postpartum depression, gestational diabetes, preeclampsia, morning sickness, and lactation — not just the pregnancy itself.
  • Employers generally can’t force you onto leave if another reasonable accommodation would let you keep working.

Worth knowing: the PWFA’s accommodation duty for abortion-related conditions has faced litigation, and a federal court vacated the EEOC’s abortion-accommodation requirement as applied to certain plaintiffs in 2025. This is an evolving area of the law worth discussing directly with an attorney if it’s relevant to your situation.

Lactation Rights: The PUMP Act

Separately, the PUMP Act requires most employers to provide reasonable break time and a private, non-bathroom space for nursing employees to express breast milk for up to one year after childbirth.

Which Laws Apply to You?

Pregnancy accommodation protections have existed in DC and Maryland for years, in some cases well before the federal PWFA. Select the situation that matches yours:

I work for a private employer or local government in Washington, DC.

DC has its own pregnancy accommodation law, separate from the PWFA, that also puts the burden on the employer to prove undue hardship. Learn about pregnancy discrimination protections in DC

I work for a private employer or local government in Maryland.

Maryland has required pregnancy-related accommodations under FEPA for years, predating the federal PWFA. Learn about pregnancy discrimination protections in Maryland

I am a federal government employee.

Federal employees are covered by the PWFA and follow the federal EEO process — including a strict 45-day deadline to contact an EEO Counselor. Learn about pregnancy discrimination protections for federal employees

What Compensation or Remedies Are Available?

While the specific process and damages differ by jurisdiction and which law applies, workers who prove pregnancy discrimination or a wrongful denial of accommodation may generally be entitled to:
  • Reinstatement or a comparable position
  • Back pay for lost wages
  • Front pay, in some cases
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving egregious or malicious conduct
  • Attorney’s fees and costs

Talk to a Pregnancy Discrimination Attorney

Pregnancy accommodation law changed significantly in 2023, and many employers still haven’t caught up. If you believe you’ve experienced pregnancy discrimination or been wrongly denied an accommodation — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights and options.

Schedule a consultation

Or call 301.245.3035 ·  Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
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