Specific Claims· 13 min read

Pregnancy Discrimination: What You Need to Prove

Pregnancy discrimination is covered by three separate federal laws, each with different coverage, different standards, and different remedies. Workers — and their employers — frequently confuse them. Understanding which law applies to which situation, and how the claims interact, is essential to building a complete pregnancy discrimination case.

Three Laws, Three Theories

The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII to make clear that discrimination "because of sex" includes discrimination because of pregnancy, childbirth, or related medical conditions. The PDA requires that pregnant workers be treated the same as non-pregnant workers who are similarly limited in their ability to work. It's a comparator-based statute: if a worker with a lifting restriction from a non-pregnancy injury gets light duty, a pregnant worker with the same restriction must get it too. The Americans with Disabilities Act (ADA) can cover pregnancy-related conditions that rise to the level of a disability. Severe complications — gestational diabetes, hyperemesis gravidarum, pre-eclampsia — may qualify. Normal, uncomplicated pregnancy generally does not. The ADA requires accommodation; the PDA requires equal treatment. The Pregnant Workers Fairness Act (PWFA), effective June 2023, fills the gap. It requires employers to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related conditions — regardless of whether the limitation constitutes a disability under the ADA. This is the most significant expansion of pregnancy rights in decades.

What You Need to Prove Under the PDA

A PDA claim follows the standard Title VII framework. The plaintiff must show: pregnancy (or related condition) was a motivating factor in the adverse employment action. The most powerful evidence is the comparator — a non-pregnant employee with a similar limitation who received accommodation or favorable treatment the pregnant worker was denied. Young v. United Parcel Service (2015) established that if an employer accommodates workers similar in their inability to work, it must accommodate pregnant workers too.

What You Need to Prove Under the PWFA

The PWFA is a new statute with a simpler standard: the worker has a known limitation related to pregnancy, childbirth, or related conditions; the employer failed to provide a reasonable accommodation; and the worker suffered an adverse consequence. The limitation doesn't need to be severe. The worker doesn't need to show they were treated worse than others. They simply need to show the employer failed to reasonably accommodate a pregnancy-related limitation. The EEOC's 2024 regulations provide detailed guidance on what accommodations are covered and what limitations qualify.

Common Employer Defenses

Employers deny accommodation by claiming undue hardship, arguing the limitation doesn't qualify under the applicable law, or disputing the causal connection between the pregnancy and the adverse action. Timing evidence — an adverse action coinciding with disclosure of pregnancy — is powerful evidence against these defenses.

Key takeaways

Three Laws, Three Theories
What You Need to Prove Under the PDA
What You Need to Prove Under the PWFA
Common Employer Defenses

Citations

Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) — Cited authority
Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq — Cited authority
Young v. United Parcel Service, Inc., 575 U.S. 206 (2015) — Cited authority

Next deep dive

Disability Discrimination: What You Need to Prove