--- title: "Pregnancy Discrimination Laws: Facts for Employers" description: Master three key laws to avoid pregnancy discrimination claims. 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[Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [All about COVID-19 in the Workplace](https://blog.axcethr.com/topic/covid19) - [Kansas & Missouri HR News](https://blog.axcethr.com/topic/kansas-and-missouri-hr-news) - [Kansas City Interest News](https://blog.axcethr.com/topic/kansas-city-interest-news) - [PEO/HRO](https://blog.axcethr.com/topic/peo) - Choose Topic: - [Human Resources](https://blog.axcethr.com/topic/human-resources) - Payroll Administrations - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [PEO](https://blog.axcethr.com/topic/peo) Play Audio Pregnancy Discrimination Laws: Facts for Employers 7:08 # Mastering Pregnancy Discrimination: 3 Laws Every Employer Must Know By [Jenny Barnes, SPHR](https://blog.axcethr.com/author/jenny-barnes) on [Apr 10, 2024](https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers) 5 min read [0 comment(s)](https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers](whatsapp://send?text=https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers) - [mailto:?subject=Pregnancy%20Discrimination%20Laws:%20Facts%20for%20Employers%20&body=https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers](mailto:?subject=Pregnancy%20Discrimination%20Laws:%20Facts%20for%20Employers%20&body=https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers) ![pregnancy-discrimination (1)](https://blog.axcethr.com/hs-fs/hubfs/pregnancy-discrimination%20(1).webp?width=1200&height=800&name=pregnancy-discrimination%20(1).webp) According to the [Equal Employment Opportunity Commission (EEOC),](https://www.eeoc.gov/sites/default/files/2023-05/PWFA%20Infographic-1_508%20FINAL.pdf) 72% of working women will become pregnant at some point during their employment. Based on this statistic, it’s not unlikely that you will, in fact, employ a pregnant worker at some juncture.  As an employer, you’re in a unique position to support your team members as they experience many of life’s most significant events, including beginning and growing their families. As an employee relations and [HR compliance expert](http://www.axcethr.com/services/human-resources/hr-compliance-specialist/) at Axcet HR Solutions, I'm here to demystify pregnancy discrimination and help you prepare to meet your employees’ needs while your business continues to grow and thrive.  RELATED: [Wrongful Termination - What Employers Need to Know >>](https://blog.axcethr.com/wrongful-termination-what-employers-need-to-know) ## What Does the EEOC Say About Pregnancy Discrimination?  A worker’s pregnancy status is a protected trait and must be treated as such. Pregnancy is protected from discrimination under multiple laws, and understanding your obligations as an employer can be tricky. In this article, we’ll help you make sense of the guidance from the EEOC.  The EEOC enforces three laws protecting employees and job applicants based on pregnancy status. These laws are enforced at a federal level, meaning they apply throughout the entire United States. Some jurisdictions, however, may have stricter laws. An [HR compliance expert](https://www.axcethr.com/services/human-resources/hr-compliance-specialist/) can help you determine if your state or locality enforces other pregnancy discrimination rules that you need to be aware of.  The three federal laws related to pregnancy status that are enforced by the EEOC are:  - Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act - The Pregnant Workers Fairness Act (PWFA) - The Americans with Disabilities Act (ADA) Let’s break down the details of these laws one by one.  [![is it legal to fire a pregnant woman](https://no-cache.hubspot.com/cta/default/2652187/5e18245e-809b-4851-82b8-a96d8a9d6e29.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/5e18245e-809b-4851-82b8-a96d8a9d6e29) ## The EEOC Pregnancy Discrimination Act  Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, is often referred to simply as the “Pregnancy Discrimination Act” or “Title VII.” The Pregnancy Discrimination Act prohibits employers from discriminating against both current employees and applicants for roles based on pregnancy and related factors, such as:  - Past pregnancy  - Potential pregnancy  - Abortion decisions  - Breastfeeding and lactation - Medical conditions related to pregnancy and childbirth  - Birth control use or non-use  Under the Pregnancy Discrimination Act, employers may not make any hiring decisions, firing decisions, promotion choices, or any other employment decisions based on pregnancy or pregnancy-related factors like those described above. The EEOC classifies discrimination of this kind as a type of “sex-based discrimination.”  Essentially, under the Act, employees who are pregnant or who are dealing with pregnancy-related issues must be treated with the same benefits as any other employee. Here are a few common examples of how this rule plays out in a typical employer-employee relationship:  - ### Pregnancy Leave  If an employee is on leave for pregnancy-related reasons and recovers, employers can’t require them to remain on leave during their pregnancy.  - ### Pregnancy Health Insurance Coverage  Employer-provided health insurance must cover expenses for pregnancy and pregnancy-related conditions on the same basis as the insurance would cover costs for other non-pregnancy related conditions.  - ### Pregnancy Retaliation Employers may not require employees who are pregnant or experiencing a pregnancy-related condition to jump through “special hoops” to prove they’re able to continue working.  For example, requiring a pregnant employee to provide a doctor’s note is only permitted if the employer requires other temporarily disabled employees to submit to the same standards.  RELATED: [Modernize Your Small Business Parental Leave Policy - 7 Fresh Ideas >>](https://blog.axcethr.com/small-business-parental-leave-policy-7-fresh-ideas)  ## The Pregnant Workers Fairness Act  The Pregnant Workers Fairness Act is a federal regulation signed into law on December 22, 2022, to combat pregnancy discrimination. The Act took effect on June 27, 2023, and employers who are not in compliance could face penalties.  Under the PWFA, employers are generally prohibited from refusing ‘reasonable accommodations” to pregnant employees or applicants for jobs. Companies also may not deny a job, promotion or a similar benefit to a pregnant applicant or employee because the individual may need a reasonable accommodation to perform their job duties.   In this context, a reasonable accommodation is an adjustment offered by an employer that would make an environment or circumstance fair and equitable to a worker or applicant who is pregnant or dealing with a pregnancy-related issue.  What qualifies as a “reasonable accommodation” is fact-specific; something that might be a reasonable accommodation for one employer could be unreasonable (and thus not required) for another. Generally, employers cannot force a pregnant employee to take unpaid leave when the employer could provide a reasonable accommodation instead.  [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/cfae852f-7923-470f-be83-2112505b4d45.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/cfae852f-7923-470f-be83-2112505b4d45) ## The Americans with Disabilities Act  The third and final law we’ll cover is the ADA. While pregnancy is not considered a disability per se under the ADA, certain disabilities that arise as a result of pregnancy (including potential complications) can be covered by the law.  A worker’s pregnancy status might require an employer to offer reasonable accommodations in line with the provisions of the ADA.  Lastly, the ADA protects employees against discrimination and retaliation related to their disability or their attempts to report potential violations of the Act. Employers are prohibited from denying an employee or an applicant any job, promotion or other employment benefit based on their request for a reasonable accommodation at work or because they’ve filed a charge of discrimination with the EEOC.  RELATED: [What Penalties Can Result from ADA Violations - A Guide >>](https://blog.axcethr.com/what-penalties-can-result-from-ada-violations-a-guide) ## Axcet HR Solutions: HR Compliance and Employee Relations Experts You’re always trying to do right by your employees, and at Axcet HR Solutions, we see that. We’re here to support you (and your team) as they grow. We are proud to help our clients navigate ever-changing regulations with skill and create compliant, comfortable working environments for their team members.  With your unique culture in mind, we’ll work together to craft employee policies and strategies that help you succeed. [Schedule a consultation with our experts to](https://www.axcethr.com/schedule-consultation/) review your compliance with applicable federal, state and local laws. ##  No Legal Advice Disclaimer  The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice.   You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before deciding on any legal matter. [![Employee Relations](https://no-cache.hubspot.com/cta/default/2652187/0eeaef73-dcb0-4697-a04f-6d3b530fe898.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/0eeaef73-dcb0-4697-a04f-6d3b530fe898) [![Jenny Barnes, SPHR](https://blog.axcethr.com/hs-fs/hubfs/Jenny.jpg?width=80&height=80&name=Jenny.jpg)](https://blog.axcethr.com/author/jenny-barnes) Written by #### [Jenny Barnes, SPHR](https://blog.axcethr.com/author/jenny-barnes) Jennifer Barnes, SPHR is a seasoned HR business professional and program manager with a strong track record in employee relations, HR strategy, and compliance. Currently serving as a Human Resources Consultant at Axcet HR Solutions, Jennifer brings over a decade of experience leading HR initiatives that support organizational growth and operational excellence. Prior to joining Axcet, she held strategic roles at companies like Chewy and Amazon, where she specialized in employee investigations, coaching for leadership teams, and KPI-driven program management. Her cross-industry HR expertise is further bolstered by a portfolio of respected credentials, including the Senior Professional in Human Resources (SPHR) and a Certificate in Data Analytics from HRCI. Jennifer is also a Belbin Team Roles Certified Practitioner, reflecting her passion for leadership development and effective team dynamics. Beyond her corporate achievements, Jennifer has dedicated years to animal welfare causes, volunteering and fostering through the Lawrence Humane Society and previously with the Cayo Animal Welfare Society. With a commitment to strategic HR planning, data-driven decision-making, and compassionate service, Jennifer continues to make a meaningful impact in both her professional and community roles. Read more [View all posts →](https://blog.axcethr.com/author/jenny-barnes) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) - [services HR Compliance](https://www.axcethr.com/services/human-resources/hr-compliance-specialist/) #### [Your Questions Answered: A Guide to Hiring Employees with Disabilities ![hiring employees with disabilities](https://blog.axcethr.com/hubfs/hiring-employees-with-disabilities-_1200-x-628-px_%20(1).webp)](https://blog.axcethr.com/ask-the-expert-guide-to-hiring-employees-with-disabilities) #### [![ADA service animals](https://blog.axcethr.com/hubfs/ADA-service-animals-_1200-x-628-px_-_1_%20(1).webp) ADA Service Animals Unleashed: Strategies for Employer Compliance](https://blog.axcethr.com/the-ada-and-service-animals-in-the-workplace) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jenny Barnes, SPHR", "url" : "https://blog.axcethr.com/author/jenny-barnes" }, "dateModified" : "2024-06-27T16:00:54.833Z", "datePublished" : "2024-04-10T15:43:00.000Z", "headline" : "Pregnancy Discrimination Laws: Facts for Employers ", "image" : [ "https://blog.axcethr.com/hubfs/pregnancy-discrimination-_1200-x-628-px_%20(1).webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/pregnancy-discrimination-laws-facts-for-employers", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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Based on this statistic, it’s not unlikely that you will, in fact, employ a pregnant worker at some juncture. As an employer, you’re in a unique position to support your team members as they experience many of life’s most significant events, including beginning and growing their families. As an employee relations and HR compliance expert at Axcet HR Solutions, I'm here to demystify pregnancy discrimination and help you prepare to meet your employees’ needs while your business continues to grow and thrive. RELATED: Wrongful Termination - What Employers Need to Know >> What Does the EEOC Say About Pregnancy Discrimination? A worker’s pregnancy status is a protected trait and must be treated as such. Pregnancy is protected from discrimination under multiple laws, and understanding your obligations as an employer can be tricky. In this article, we’ll help you make sense of the guidance from the EEOC. The EEOC enforces three laws protecting employees and job applicants based on pregnancy status. These laws are enforced at a federal level, meaning they apply throughout the entire United States. Some jurisdictions, however, may have stricter laws. An HR compliance expert can help you determine if your state or locality enforces other pregnancy discrimination rules that you need to be aware of. The three federal laws related to pregnancy status that are enforced by the EEOC are: Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act The Pregnant Workers Fairness Act (PWFA) The Americans with Disabilities Act (ADA) Let’s break down the details of these laws one by one. The EEOC Pregnancy Discrimination Act Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, is often referred to simply as the “Pregnancy Discrimination Act” or “Title VII.” The Pregnancy Discrimination Act prohibits employers from discriminating against both current employees and applicants for roles based on pregnancy and related factors, such as: Past pregnancy Potential pregnancy Abortion decisions Breastfeeding and lactation Medical conditions related to pregnancy and childbirth Birth control use or non-use Under the Pregnancy Discrimination Act, employers may not make any hiring decisions, firing decisions, promotion choices, or any other employment decisions based on pregnancy or pregnancy-related factors like those described above. The EEOC classifies discrimination of this kind as a type of “sex-based discrimination.” Essentially, under the Act, employees who are pregnant or who are dealing with pregnancy-related issues must be treated with the same benefits as any other employee. Here are a few common examples of how this rule plays out in a typical employer-employee relationship: Pregnancy Leave If an employee is on leave for pregnancy-related reasons and recovers, employers can’t require them to remain on leave during their pregnancy. Pregnancy Health Insurance Coverage Employer-provided health insurance must cover expenses for pregnancy and pregnancy-related conditions on the same basis as the insurance would cover costs for other non-pregnancy related conditions. Pregnancy Retaliation Employers may not require employees who are pregnant or experiencing a pregnancy-related condition to jump through “special hoops” to prove they’re able to continue working. For example, requiring a pregnant employee to provide a doctor’s note is only permitted if the employer requires other temporarily disabled employees to submit to the same standards. RELATED: Modernize Your Small Business Parental Leave Policy - 7 Fresh Ideas >> The Pregnant Workers Fairness Act The Pregnant Workers Fairness Act is a federal regulation signed into law on December 22, 2022, to combat pregnancy discrimination. The Act took effect on June 27, 2023, and employers who are not in compliance could face penalties. Under the PWFA, employers are generally prohibited from refusing ‘reasonable accommodations” to pregnant employees or applicants for jobs. Companies also may not deny a job, promotion or a similar benefit to a pregnant applicant or employee because the individual may need a reasonable accommodation to perform their job duties. In this context, a reasonable accommodation is an adjustment offered by an employer that would make an environment or circumstance fair and equitable to a worker or applicant who is pregnant or dealing with a pregnancy-related issue. What qualifies as a “reasonable accommodation” is fact-specific; something that might be a reasonable accommodation for one employer could be unreasonable (and thus not required) for another. Generally, employers cannot force a pregnant employee to take unpaid leave when the employer could provide a reasonable accommodation instead. The Americans with Disabilities Act The third and final law we’ll cover is the ADA. While pregnancy is not considered a disability per se under the ADA, certain disabilities that arise as a result of pregnancy (including potential complications) can be covered by the law. A worker’s pregnancy status might require an employer to offer reasonable accommodations in line with the provisions of the ADA. Lastly, the ADA protects employees against discrimination and retaliation related to their disability or their attempts to report potential violations of the Act. Employers are prohibited from denying an employee or an applicant any job, promotion or other employment benefit based on their request for a reasonable accommodation at work or because they’ve filed a charge of discrimination with the EEOC. RELATED: What Penalties Can Result from ADA Violations - A Guide >> Axcet HR Solutions: HR Compliance and Employee Relations Experts You’re always trying to do right by your employees, and at Axcet HR Solutions, we see that. We’re here to support you (and your team) as they grow. We are proud to help our clients navigate ever-changing regulations with skill and create compliant, comfortable working environments for their team members. With your unique culture in mind, we’ll work together to craft employee policies and strategies that help you succeed. Schedule a consultation with our experts to review your compliance with applicable federal, state and local laws.  No Legal Advice Disclaimer The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice. You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before deciding on any legal matter.", "author" : { "@id" : "https://blog.axcethr.com/author/jenny-barnes#author", "@type" : "Person", "name" : "Jenny Barnes, SPHR", "url" : "https://blog.axcethr.com/author/jenny-barnes" }, "dateCreated" : "2024-04-10", "dateModified" : "2024-06-27", "datePublished" : "2024-04-10", "description" : "According to the Equal Employment Opportunity Commission (EEOC), 72% of working women will become pregnant at some point during their employment. Based on this statistic, it’s not unlikely that you will, in fact, employ a pregnant worker at some juncture. 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