Separate unequal treatment from accommodation

Title VII, as amended by the Pregnancy Discrimination Act, prohibits covered employers from discriminating because of pregnancy, childbirth or related medical conditions. A concern can involve hiring, assignments, pay, promotion or termination. It can also involve assumptions about whether a pregnant employee can or wants to keep working.

The Pregnant Workers Fairness Act addresses reasonable accommodations for known pregnancy-related limitations. It generally covers employers with 15 or more employees and protects qualified applicants and employees, subject to the law’s requirements and undue-hardship standard.

Explain the change that would help

Depending on the limitation and job, an adjustment may involve additional breaks, a schedule change, equipment, a temporary change to duties or leave. The PWFA does not require the limitation to qualify as a disability. Qualification has specific rules, including rules addressing some temporary inability to perform an essential function.

The request and discussion should focus on a workable adjustment. Forcing leave when another effective reasonable accommodation is available can raise a separate concern under the PWFA.

Consider related protections together

Some pregnancy-related impairments may also qualify under the ADA. FMLA leave and federal pumping protections address other needs with their own coverage and eligibility rules. A workplace problem can require more than one analysis; entitlement to one protection does not automatically establish entitlement to all of them.

  • The requested adjustment and any medical restrictions
  • Messages about pregnancy, duties, scheduling or leave
  • Reviews, pay changes and the reason given for a job decision

Keep track of the response and timing

Record when you disclosed the need, who received the request and what alternatives were discussed. Report any threats or adverse treatment after asking for an accommodation or raising discrimination. Agency filing requirements can apply. An internal discussion or unresolved request should not be assumed to pause the time for taking a required legal step.

Common questions

What employees ask us

Must a pregnancy-related limitation be severe?

The PWFA can cover limitations that are modest or temporary, subject to its requirements. That differs from asking whether an impairment qualifies as a disability under the ADA.

Can these protections matter after childbirth?

Yes. Pregnancy-related laws can address childbirth and related medical conditions as well as pregnancy itself. The particular need, timing and governing law determine which protections may apply.

Official information

Content updated October 21, 2026. General information; individual circumstances and applicable law matter.