Pregnancy Discrimination at Work? Know Your Rights As A Pregnant Employee

Feb 4
4 min read

Being pregnant should be a time of excitement and preparation for welcoming your bundle of joy into the world, not stress about losing your job or facing unfair treatment at work. Unfortunately, pregnancy discrimination is still far too common, but you need to know that there are strong federal legal protections on your side.

The Pregnancy Discrimination Act (PDA) of 1978 made it clear that discriminating against you because of pregnancy, childbirth, or related medical conditions is illegal sex discrimination. This means your employer must treat you the same as any other employee who has similar limitations or needs. Whether it's access to light duty, sick leave, health insurance coverage, or simply being considered fairly for a promotion, you deserve equal treatment.

Then in December 2022, the law got even stronger with the Pregnant Workers Fairness Act (PWFA), which requires employers with 15 or more employees to actually provide you with reasonable accommodations for pregnancy-related needs—things like modified schedules, frequent bathroom breaks, the ability to sit during your shift, or temporary reassignment to less physically demanding tasks. What's more, your employer can't force you onto unpaid leave if a simple accommodation would let you keep working and earning your paycheck. They're required to work with you in good faith to find solutions that protect both your health and your livelihood.

Yet the reality is that despite these strong protections, the statistics tell us that pregnant workers are still being pushed out, demoted, harassed, and treated unfairly at alarming rates. 80% of pregnancy discrimination claims involve wrongful termination, 73% involve being reassigned or demoted in retaliation for needing accommodations, and nearly a third involve outright harassment.[1]

If any of this sounds familiar, please know that what happened to you wasn't right, and you don't have to accept it. You have the right to ask for accommodations without fear of punishment, to refuse being forced onto leave when you're able and willing to work with reasonable adjustments, to be part of the conversation about what accommodations will work best, and to be free from decisions based on outdated stereotypes about what pregnant women can or can't do. The Supreme Court even ruled that employers can't deny you accommodations just because it would be "more expensive or less convenient" for them—your rights matter more than their bottom line.

If you've been fired, demoted, denied accommodations, forced onto leave, harassed, or treated differently because of your pregnancy, we want you to know that you have options and we're here to fight for you. You may be entitled to get your job back, recover lost wages, receive compensation for the emotional toll this has taken, and hold your employer accountable through monetary damages for their illegal conduct and actions.

The Advantages of Retaining a Private Attorney

To be able to bring an employment discrimination action in federal court, an aggrieved employee or applicant must file a complaint or what is known as a charge of discrimination with the EEOC within 300 days[2] of the alleged discriminatory action. Retaining an attorney to represent you in an employment discrimination case against your employer before you file with EEOC has its advantages and could ensure that the charge of discrimination exhausts administrative remedies under federal law. Hiring an experienced private attorney to draft your charge of discrimination and file the charge with the EEOC will ensure that the case is properly pled and filed. There are other requirements of which you may not be aware, such as the number of required employees and factual requirements to find probable cause of discrimination. The attorney will represent you during the investigation. Even if the EEOC issues you a Dismissal and Notice of Rights, a prospective attorney may decline to represent you if your charge of discrimination was improperly pled or omitted claims, as this could increase the cost of litigating your case. In cases where the investigator determines that there is not enough evidence to support the facts of your allegations, the EEOC will easily dismiss the case providing explanations that may be difficult to understand. If you receive a Dismissal and Notice of Rights, you have 90 days to file a lawsuit in federal court. A case that is filed in federal court after 90 days will likely be dismissed as untimely. You should contact an attorney to discuss your legal options and preserve your rights.

Complainants should also be aware that, in New Jersey, there is no requirement to file a charge of discrimination or a complaint with the EEOC or the New Jersey Division of Civil Rights (NJDCR) before proceeding at the state level, a complainant may file directly in the New Jersey Superior Court under the New Jersey Law Against Discrimination (NJLAD). An attorney may advise you that it is better for you to skip the EEOC process and file directly in Superior Court under state law, in the county where the discriminatory action took place or where the complainant resides.

Filing a discrimination complaint with the EEOC or the NJDCR to eventually file in court is sometimes complex and may not be the best strategy to achieve justice. Keep reading Jung & Jaeger Law’s blogs to learn more about the EEOC, NJDCR and employment discrimination. For more information and to schedule a free consultation, visit our website at jungjaegerlaw.com or contact our office at kurt@jungjaegerlaw.com, jacob@jungjaegerlaw.com, or (856) 203-6229. We accept clients in every county of New Jersey.

The information on this blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting based on anything you read on this blog without seeking professional legal counsel.

[1] Kimberly T Schneider, Sarah C Williams & Rory E Kuhn, Workplace Discrimination Against Pregnant and Postpartum Employees: Links to Well-Being, Int. J. Environ. Res. & Pub. Health, 1160 (Jul. 22, 2025).

[2]There are instances in which the filing deadline may be shorter depending on where the action took place and circumstances. Filers should consult with the EEOC or an employment attorney to discuss the filing deadlines.