Pregnancy Discrimination in DC
Pregnancy Discrimination in DC: Your Rights Under DC and Federal Law
DC Had Its Own Pregnancy Accommodation Law Before the PWFA
Enacted in 2015 — eight years before the federal PWFA — the District’s Protecting Pregnant Workers Fairness Act (codified at D.C. Code § 32-1231.01 et seq.) requires DC employers to engage in good faith in a timely, interactive process with an employee who needs a reasonable accommodation related to pregnancy, childbirth, or a related medical condition. Just like the newer federal PWFA, DC’s law puts the burden on the employer to prove undue hardship — not on the employee to prove the accommodation was reasonable.
An employer may require certification from a health care provider, but the certification requirements are specific and limited: it must state when the accommodation became medically advisable, explain the medical basis, and estimate how long the accommodation will be needed.
The DCHRA Also Protects Pregnancy Broadly
Separately, the DCHRA’s protection against sex discrimination explicitly includes pregnancy, childbirth, related medical conditions, breastfeeding, and reproductive health decisions. This means a DC worker facing pregnancy discrimination often has multiple overlapping legal theories available — DC’s standalone pregnancy accommodation law, the DCHRA’s sex discrimination provisions, and federal law under the PDA and PWFA.
Like other DCHRA claims, this protection covers DC employers of any size, including small businesses, independent contractors, and unpaid interns — broader than the PWFA’s 15-employee threshold.
How Long Do You Have to File a Claim in DC?
- Administrative complaint with the DC Office of Human Rights (OHR): within one year of the discriminatory act or its discovery.
- Filing directly in court: two years, following the 2024 Fairness in Human Rights Administration Amendment Act’s extension of this deadline.
- Federal PWFA and PDA claims generally require filing an EEOC charge within 180–300 days before you can sue, and DC complaints filed with OHR are typically cross-filed with the EEOC automatically.
- Unlike federal claims, DC law does not require you to file with OHR first before going to court — you can generally choose either path.
What Counts as Pregnancy Discrimination in DC?
Pregnancy discrimination can include:
- Refusal to hire, promote, or fairly compensate someone because of 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 let you keep working
- Retaliation against an employee who requests an accommodation or reports pregnancy discrimination
What Compensation Can You Recover?
- Back pay and front pay
- Reinstatement or a comparable position
- Compensatory damages, including for emotional distress
- Punitive damages, where the employer acted with actual malice or ill intent
- Attorney’s fees and costs
A key DC advantage: unlike federal law, which caps combined compensatory and punitive damages by employer size under Title VII, the DCHRA imposes no cap — the court can award whatever amount it finds appropriate to the case.
Talk to a DC Pregnancy Discrimination Attorney
DC workers have unusually strong, overlapping protections — a standalone accommodation law that predates the federal PWFA, plus broad DCHRA sex discrimination protections. If you believe you’ve experienced pregnancy discrimination or were wrongly denied an accommodation, it’s worth understanding all of your options.
Or call 301.245.3035 · Intake@WilkenfeldLO.com