Pregnancy discrimination is illegal under both federal and state law, but some employers still try to find ways around the rules. Generally speaking, companies cannot lawfully discriminate against pregnant workers.
However, there are limited situations where employers may make decisions based on legitimate safety or job-performance concerns, as long as those decisions comply with the law and are applied fairly. Understanding where the line is drawn can help workers recognize when their rights have been violated.
The basics of the Pregnancy Discrimination Act
Under the federal Pregnancy Discrimination Act (PDA), employers generally cannot treat pregnant employees differently from others who are similar in their ability or inability to work. This means an employer cannot fire, demote, refuse to hire or deny promotions simply because someone is pregnant, has recently given birth or is dealing with related medical conditions. The Americans with Disabilities Act (ADA) and the federal Pregnant Workers Fairness Act (PWFA) also require employers to provide reasonable accommodations for pregnancy-related limitations, such as lighter duties, more frequent breaks or temporary schedule changes, when doing so is medically warranted.
Employers sometimes claim that certain jobs are “too dangerous” for pregnant workers. While safety concerns may be genuine, a decision to reassign or restrict duties must be based on objective medical evidence and applied equally to all employees with similar restrictions. An employer cannot remove a pregnant employee from a job or deny them work opportunities simply because of stereotypes or assumptions about pregnancy. For example, a company cannot decide that a pregnant worker should not travel or lift certain items without consulting her and offering reasonable alternatives.
There are very few lawful exceptions to this rule. If an essential job function truly cannot be performed safely despite reasonable accommodations, an employer may have grounds to modify a position—but only after engaging in an interactive process and exploring all options.
When employers use pregnancy as an excuse to sideline or push out workers, this behavior generally violates the law and can cause lasting harm. Workers who believe they have been discriminated against for being pregnant may benefit from seeking personalized legal guidance accordingly.