The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 so that discrimination because of pregnancy counts as sex discrimination. It bans treating an applicant or employee worse because of a current, past or potential pregnancy, or a related medical condition, in hiring, pay, assignments, promotion, benefits or firing. It applies to employers with 15 or more employees.
The PDA is one of three federal laws the Equal Employment Opportunity Commission (EEOC) uses to protect pregnant workers. The other two, the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA), fill the gap the PDA leaves: the PDA stops unfair treatment, while the PWFA makes employers actively accommodate.
What counts as pregnancy discrimination
Under Title VII as amended by the PDA, the EEOC says pregnancy discrimination can be based on any of these:
- Current pregnancy.
- Past pregnancy.
- Potential pregnancy, such as assuming a newly married woman will soon go on leave.
- A medical condition related to pregnancy or childbirth, including breastfeeding and lactation.
- Having or choosing not to have an abortion.
- Birth control.
It covers every part of the job the EEOC lists: hiring and selection, pay, job assignments and promotions, training, benefits and other terms, and firing, reduced hours or layoff. Harassment because of pregnancy, childbirth or a related condition is also unlawful.
The three laws, side by side
| Law | What it does | Employers covered |
|---|---|---|
| Title VII as amended by the PDA | Bans discrimination because of pregnancy, childbirth and related conditions | 15 or more employees |
| Pregnant Workers Fairness Act | Requires reasonable accommodation for known limitations related to pregnancy, childbirth or related conditions, unless it causes undue hardship | 15 or more employees, plus Congress, federal agencies, employment agencies and unions |
| Americans with Disabilities Act | Covers pregnancy-related impairments that qualify as a disability, such as diabetes that develops during pregnancy | 15 or more employees |
The EEOC is careful to say pregnancy itself isn't a disability under the ADA, but some pregnancy-related impairments can be. That's why a worker with gestational diabetes may have rights under all three laws at once. Our guide to the Pregnant Workers Fairness Act covers the accommodation duty in depth.
Accommodation: where the PDA stops and the PWFA starts
The EEOC notes that Title VII requires employers to treat workers affected by pregnancy the same as others similar in their ability or inability to work, which only helps if the employer accommodates someone comparable. The PWFA, in effect since 27 June 2023 with EEOC regulations in force from 18 June 2024, goes further by requiring accommodation directly. The EEOC's examples of PWFA accommodations include:
- Additional, longer or more flexible breaks to drink water, eat, rest or use the restroom.
- Changing food or drink policies to allow a water bottle.
- A stool to sit on, or a way to work while standing.
- Light duty or help with lifting.
The sourced insight employers miss: the PWFA prohibits forcing a worker to take leave if another accommodation that doesn't cause undue hardship would let them keep working. 'Go home until the baby's born' is the response that most often turns a simple request into a charge.
What employers must not do
- Refuse to hire, or withdraw an offer, because someone is pregnant or might become pregnant.
- Cut hours, move someone to a worse role or deny promotion because of pregnancy.
- Treat lactation or a pregnancy-related condition less favorably than comparable conditions.
- Share pregnancy-related medical information: the ADA requires it to be kept confidential and in separate medical files.
- Retaliate against anyone who complains or takes part in an EEOC process.
Deadlines for a charge
According to the EEOC's own coverage table, a charge under Title VII or the ADA generally has to be filed within 180 days, a limit that state laws may extend. Equal pay claims run on a separate two-year clock. Leave rights are separate again: our FMLA guide covers the job-protected leave many pregnant employees use.
Everyday situations, and how the rules apply
- A job offer's withdrawn after the candidate mentions a pregnancy: that's hiring discrimination under Title VII, which covers the whole selection process.
- A warehouse worker asks to stop heavy lifting: under the PWFA, light duty or help with lifting is a listed accommodation, and you can't insist on unpaid leave if another accommodation works.
- A new parent needs breaks to express milk: the EEOC treats lactation as a pregnancy-related medical condition, so treating it worse than comparable needs is discrimination.
- Hours are cut for someone who's just announced a pregnancy: reduced hours are on the EEOC's list of covered employment decisions, so the timing alone will be looked at closely.
In each case the safest move is the same. Talk to the employee, look for an option that keeps them working, and record why you made the decision you did. If you can't explain a decision without mentioning the pregnancy, it's probably the wrong decision.
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For small businesses with fewer than 15 employees
Federal pregnancy discrimination law, the PWFA and the ADA all start at 15 employees, so a very small employer may fall outside them. That doesn't mean anything goes: state laws can apply on different terms, and the Equal Pay Act covers virtually all employers. Check your state's rules before assuming you're exempt.
The verdict
The PDA tells you what not to do; the PWFA tells you what you must do. For most employers the practical rule is simple: decide on the work, never on the pregnancy, and treat any request linked to pregnancy as an accommodation conversation, not a reason for leave. Keep medical details private and write down what you agreed. That covers the situations that cause almost every complaint.
Frequently asked questions
What does the Pregnancy Discrimination Act protect?
It makes discrimination because of current, past or potential pregnancy, or a related medical condition, a form of sex discrimination under Title VII, across hiring, pay, assignments, benefits and firing.
Which employers are covered by the Pregnancy Discrimination Act?
Employers with 15 or more employees, the same threshold as Title VII.
Does the Pregnancy Discrimination Act require accommodations?
Not directly. The Pregnant Workers Fairness Act, in effect since 27 June 2023, requires reasonable accommodation for known pregnancy-related limitations unless it causes undue hardship.
Is pregnancy a disability under the ADA?
No, pregnancy itself isn't, but the EEOC says some pregnancy-related impairments, such as diabetes that develops during pregnancy, can qualify as a disability.
