Legal Rights of Pregnant Workers under Federal Law

This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission.

This document summarizes rights and responsibilities under the Pregnancy Discrimination Act (PDA) with respect to pregnancy, childbirth, or related medical conditions, as well as how Title I of the ADA applies to individuals with pregnancy-related impairm

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Notice concerning the Pregnant Workers Fairness Act of 2022

This document was issued prior to enactment of the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023. The PWFA expands the rights of workers affected by pregnancy, childbirth, or related medical conditions to receive reasonable accommodations, absent undue hardship. To learn about protections under the PWFA, visit What You Should Know About the Pregnant Workers Fairness Act.

If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job without jeopardizing your health. This fact sheet briefly explains these rights, which are provided by the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). You may also have additional rights under other laws, such as the Family and Medical Leave Act (FMLA), state and local laws, and various medical insurance laws, not discussed here.

1. If my employer knows that I am pregnant or may become pregnant, could I get fired? Under the PDA, employers are not allowed to discriminate against you based on the fact that-
   • you are pregnant;
   • you were pregnant;
   • you could become pregnant, or intend to become pregnant;
   • you have a medical condition that is related to pregnancy; or
   • you had an abortion, or are considering having an abortion.

In general, this means that you cannot be fired, rejected for a job or promotion, given lesser assignments, or forced to take leave for any of these reasons. An employer does not have to keep you in a job that you are unable to do or in which you would pose a significant safety risk for others in the workplace. However, your employer cannot remove you from your job or place you on leave because it believes that work would pose a risk to you or your pregnancy.