Pregnancy Discrimination for Federal Employees

Pregnancy Protections in the Federal Workplace

If you’re a federal employee facing pregnancy discrimination or a denied accommodation, you’re covered directly by the Pregnant Workers Fairness Act (PWFA) and the Pregnancy Discrimination Act (PDA) — but you’ll pursue your claim through the federal EEO process rather than the EEOC directly or a private lawsuit. For the full process — the 45-day deadline, how to file, and what happens at each stage — see our Federal Sector Discrimination: The EEO Process page. This page covers what’s specific to pregnancy discrimination and accommodation claims within that process.

The PWFA Explicitly Covers Federal Employees

Unlike some federal disability and religious accommodation frameworks, which route through separate statutes for federal employees (like the Rehabilitation Act instead of the ADA), the PWFA explicitly applies to Congress and federal executive agencies directly — not through a parallel law. The same accommodation rights described on our general pregnancy discrimination page apply to you, including the employer bearing the burden of proving undue hardship, and a more forgiving “qualified” standard than the ADA uses.

PWFA claims are processed using the same powers, remedies, and procedures as Title VII claims — which for federal employees means going through the federal EEO process described on our process page, including the 45-day deadline to contact an EEO Counselor.

What Compensation Can You Recover?

Federal employees who prove pregnancy discrimination or a wrongful denial of accommodation are entitled to remedies similar to private-sector Title VII and PWFA claims, including compensatory damages capped at $300,000 — with one key difference: punitive damages are not available against federal agencies.

Remedies may also include:

Reinstatement, promotion, or other equitable relief
Back pay and, in some cases, front pay
Attorney’s fees and costs

Unlike DC or Maryland private-sector employees, federal employees generally cannot supplement a PWFA or PDA claim with a state or local human rights law claim, since federal sector employment discrimination is governed by federal law regardless of whether you work in DC, Maryland, or elsewhere. This means DC’s standalone pregnancy accommodation law and the DCHRA’s uncapped damages are generally not available to you as a federal employee.

What Counts as Pregnancy Discrimination for Federal Employees?

The same conduct that constitutes pregnancy discrimination in the private sector applies here: being passed over for promotion, termination, or harassment based on pregnancy or a related condition, denial of a reasonable accommodation without a genuine showing of undue hardship, being forced onto leave when another accommodation would work, and retaliation for requesting an accommodation or reporting pregnancy discrimination.

Talk to a Federal Sector Pregnancy Discrimination Attorney

Understanding both the strict procedural deadlines and the strengthened PWFA accommodation standard is important before deciding how to proceed. Wilkenfeld Law Office can help you evaluate your options.

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.