By: Gregg Zeff
On: December 30, 2025
Pregnancy is an exciting new chapter in anyone’s life. However, navigating the myriad of rules and rights governing job security can create much unnecessary stress through this period of significant personal change. The joys of bringing a child into the world can quickly be brought to a halt by the concerns of losing your job or facing discriminatory actions due to your pregnancy.
Legally, you can not be fired for being pregnant. The federal government protects pregnant workers from discrimination, unfair treatment and wrongful termination through the Pregnancy Discrimination Act, the Pregnancy Workers Fairness Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. These critical statues protect your career and financial health during both pregnancy and postpartum.
Key Federal Laws Protecting Pregnant Workers
Several crucial federal laws work together to protect pregnant employees from illegal termination. These include:
The Pregnancy Discrimination Act (PDA) of 1978 (Title VII Amendment)
In 1978 Title VII of the Civil Rights Act was amended by the Pregnancy Discrimination Act. In 1964, Title VII outlined discrimination “because of sex” or “on the basis of sex”. The addition of the Pregnancy Discrimination Act verbiage now includes discrimination based on pregnancy, childbirth, and related medical conditions and issues. This law mandates equal treatment of pregnant employees and also protects these same employees’ fringe benefit programs.
The Pregnant Workers Fairness Act (PWFA) of 2023
As a federal law, the Pregnant Workers Fairness Act focuses on the employee’s right to accommodations that are related to pregnancy, childbirth, or related medical issues. This particular act works in conjunction with other anti-discrimination laws. The Pregnant Workers Fairness Act requires covered employers to provide “reasonable accommodation” to qualified employees, unless the accommodation causes “undue hardship” for the employer. The Pregnant Workers Fairness Act does replace any of the greater protections offered via other existing pregnancy anti-discrimination statutes.
The Americans with Disabilities Act (ADA)
Another key federal law that can protect pregnant employees is the American with Disabilities Act. Although pregnancy is not considered a disability through the American with Disabilities Act, other health related issues that can arise from being pregnant, such as diabetes or preeclampsia, do qualify as a temporary disability through this statute. Employers are required to provide reasonable accommodations for employees through these trying times. Through the American with Disabilities Act, employers are mandated to keep all medical records confidential and in separate medical files.
What is Illegal Pregnancy Discrimination?
According to the United States Department of Labor, pregnancy discrimination is defined as “involves treating an individual –– an applicant or employee –– unfavorably in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as leave and health insurance), and any other terms or conditions of employment.” Unlawful employer actions that lead to illegal pregnancy discrimination include:
- Refusal to Hire or Promotion Denial: If an employer fails to hire or promote an otherwise qualified applicant or employee solely because she is pregnant or may become pregnant is pregnancy discrimination.
- Unfair Termination or Demotion: If an employer fires, lays off, or changes the job duties or pay of a pregnant employee because of the pregnancy, especially if non-pregnant employees with similar limitations are treated better, is a clear case of pregnancy discrimination.
- Harassment: If an employer is creating a hostile work environment through comments, jokes, or physical conduct related to pregnancy or motherhood, they are blatantly committing illegal pregnancy discrimination.
- Forcing Leave: If an employer requires a pregnant worker to take leave if a reasonable accommodation under PWFA would allow her to continue working, it is unlawful and is illegal pregnancy discrimination.
How Can You Tell the Termination is Justified?
A justified termination is a decision that is made when it is reasonable, lawful, and well-documented. These decisions are based on the employee performance, conduct, and possible structural changes in the business. The key to this process is consistency and is applied to all employees, regardless of the protected status. Three critical components exist to remain a lawful business decision when involving a pregnant employee:
- Performance Issues: An employer can fire a pregnant employee for legitimate, documented performance issues, misconduct, or attendance problems. The vital portion here is to provide the burden of proof as to whether the pregnancy was not a factor in the termination.
- Reductions in Force/Layoffs: If the employee is terminated as part of a legitimate company-wide RIF or closure, it is often legal, but the layoffs must not disproportionately target pregnant employees or those employees on leave.
- The Pretext Standard: Pretext in employment law means a false or misleading reason is given by an employer to justify an adverse employment action such as termination. Suspicious timing, deviation from policy, unequal treatments, and inconsistent explanations are critical pieces of evidence an employee can use to prove the employer’s actions is a pretext, thus an illegal action.
If you believe you’ve been fired unjustly due to your pregnancy, contact the attorneys at Zeff Law Firm to help you navigate your case and fight for your rights.
If You Suspect Discrimination: Your Step-by-Step Action Plan
If you believe you have become a victim of illegal pregnancy discrimination, it is essential to have a step-by-step action plan to protect your career and your financial security and gather critical evidence to support your case.
- Step 1: Document Everything: Keep a detailed, private log and timeline of all incidents, including dates, times, witnesses, and the exact statements made by managers or colleagues.
- Step 2: Gather Proof: Collect performance reviews, written communication such as internal emails, company policies, and documentation of how similarly situated non-pregnant employees were treated.
- Step 3: Consult an Attorney: Employment law is very complex. Federal laws and also the variations in state law making legal consultation an essential component in getting a favorable outcome for your case. Consulting an attorney will assist you in fighting for your pregnancy discrimination case and navigating the legal process.
Protect Your Career and Your Family: Contact Zeff Law Firm
If you feel your pregnancy has caused your employer to unjustly threaten or fire you, protect you and your family with legal representation from the Zeff Law Firm. With 30 years of employment law experience, we understand all the nuances of a pregnancy discrimination case. The statutes of limitations are strict in these cases, so contact us today to put the experts at Zeff Law Firm to handle your case so you can focus on your family.