When you are pregnant, you may wonder when and how you are going to tell your employer. The fact is under the Pregnancy Discrimination Act, and other laws against discrimination, you do not have to tell your employer at all. If you can perform your work and do it well, and do not need special accommodations, your pregnancy is legally irrelevant.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act prohibits employers with more than 15 employees from discriminating against pregnant employees.It also includes local and state government employees, federal employees, employment agency employees and labor organization employees no matter how many employees they have.
Pregnancy Discrimination and Benefits Employers must provide the same benefits to all their employees whether they are pregnant or not. This includes health insurance, retirement and disability benefits. Medical conditions related to pregnancy must be covered identically to other medical conditions.Pregnancy Discrimination and Disability If a pregnant woman can do her job for a while due to a medical condition related to her pregnancy or childbirth, the employer must treat it like any other temporarily disabled employee. This means that the employer must make accommodations or provide disability leave.More Rules on Pregnancy Discrimination
- A potential employer may not ask a pregnant job candidate any questions they would not ask a candidate that was not pregnant.
- An employer may not discriminate against an employee who might get pregnant.
- An employer may not forbid a pregnant employee from doing a job for which she is fit and she wants to do.
- Jobs must be held open for pregnancy related absence for the same amount of time as for other sickness and disability.
- Employers cannot discriminate against an employee who has had an abortion or is considering getting an abortion.
- Female spouses of male employees must be provided the same level of medical benefits than the male spouses of female employees.
- Single women must be provided the same pregnancy related benefits as married women.
- Seniority, vacation, raises, promotions and other accrued benefits for pregnant women must be granted in the same way as those on leave for non-pregnancy reasons.
3 Key Takeaways
- Federal law, and even stronger New York State law, protects you from being treated differently at work because of pregnancy, childbirth, or a related medical condition.
- You are not required to tell your employer you are pregnant, and your employer cannot legally use your pregnancy against you in any employment decision.
- Pregnancy discrimination can be subtle, and many people don’t realize they’ve experienced it. If something feels off, it’s worth talking to an attorney.
Your pregnancy shouldn’t cost you your job, or your opportunities
Whether you’re expecting, recently gave birth, or dealing with a pregnancy-related medical condition, you have strong legal protections at work. Yet pregnancy discrimination still happens far too often — sometimes blatantly, sometimes in ways that are harder to see. Here’s what the law says, what your employer can and can’t do, and what you should do if you think your rights have been violated.
The law that protects you: The Pregnancy Discrimination Act
The federal Pregnancy Discrimination Act (PDA) was passed in 1978 and prohibits employers with 15 or more employees from treating workers unfavorably because of pregnancy, childbirth, or any related medical condition. It applies to hiring, firing, pay, job assignments, promotions, layoffs, training, and just about every other aspect of employment.
The PDA also extends to federal, state, and local government employers, employment agencies, and labor organizations, regardless of how many employees they have.
In New York, the protections go even further. The New York State Human Rights Law covers employers with as few as four employees, and the New York City Human Rights Law covers employers with four or more employees as well. If you work in New York, you’re likely covered even if your employer is small.
You don’t have to disclose your pregnancy
This surprises a lot of people: You are not legally required to tell your employer that you’re pregnant. If you can perform your job and don’t need any special accommodations, your pregnancy is essentially nobody’s business but your own.
And here’s an important related point, your employer cannot ask a pregnant job candidate questions they wouldn’t ask any other candidate. Asking about your plans to start a family, whether you’re pregnant, or how a pregnancy might affect your work is off-limits during an interview or hiring process.
What your employer must do
The law doesn’t just prohibit discrimination, it also requires employers to treat pregnant employees fairly and consistently compared to everyone else. Here’s what that looks like in practice:
- Benefits: Health insurance, retirement benefits, and disability coverage must be provided equally to pregnant employees. Medical conditions related to pregnancy or childbirth must be covered the same way as any other medical condition.
- Accommodations: If a pregnancy-related condition temporarily prevents you from performing certain duties, your employer must treat you the same way they would treat any other employee with a temporary disability — which may mean offering modified duties, leave, or other adjustments.
- Job Security: If you take leave for a pregnancy-related reason, your job must be held open for the same amount of time as it would be for any other medical leave.
- Seniority and Accrued Benefits: Vacation time, raises, promotions, and seniority cannot be taken from you because of pregnancy leave.
- Equal Treatment Regardless of Marital Status: Single employees are entitled to the same pregnancy-related benefits as married employees.
- Spousal Benefits: If your employer provides medical benefits to spouses, those benefits must be equal regardless of the employee’s gender.
What your employer cannot do
Discrimination can show up in a lot of ways, some of them obvious and some of them not. Your employer cannot:
- Fire you, demote you, or reduce your pay because you are pregnant or recently gave birth
- Refuse to hire you because you are pregnant or might become pregnant
- Force you off a job you are qualified for and willing to do
- Discriminate against you for having had an abortion or for considering one
- Take adverse action against you because of pregnancy-related medical appointments or conditions
Discrimination isn’t always dramatic. Sometimes it looks like being quietly passed over for a promotion after announcing a pregnancy, or suddenly receiving poor performance reviews after returning from leave. If the timing feels suspicious, it’s worth paying close attention.
New York gives you additional protections
New York workers have some of the strongest pregnancy protections in the country. In addition to federal law, the New York State Human Rights Law requires employers to provide reasonable accommodations for pregnancy-related conditions, even if those conditions don’t rise to the level of a disability under federal law. This can include things like more frequent breaks, modified lifting requirements, or a temporary schedule change.
New York City employees have additional protections under the New York City Human Rights Law, which is considered one of the most comprehensive anti-discrimination laws in the country.
What to do if you think you’ve been discriminated against
If you believe your employer has treated you unfairly because of your pregnancy, here are the most important steps to take:
- Document Everything: Keep notes on incidents, save emails and messages, and write down dates, times, and exactly what was said. The more specific, the better.
- Report It Internally: Use your company’s Human Resources (HR) process or reporting channels, and do so in writing so you have a clear record.
- Be Aware of Deadlines: There are strict time limits for filing a complaint. Under federal law, you typically have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York has its own deadlines as well, so don’t wait to get advice.
- Talk to an Attorney: An employment lawyer can review your situation, help you understand your options, and make sure you’re taking the right steps from the start.
You deserve to be treated with respect at every stage
Pregnancy is not a liability — and no one should have to choose between their career and their family. If you’ve experienced discrimination at work related to your pregnancy, childbirth, or a pregnancy-related condition, the team at Valli Kane & Vagnini is here to help. Reach out to our team at VKV, we’ll listen, explain your rights clearly, and help you figure out the best path forward.
