Pregnancy should be a time of anticipation and preparation—not anxiety about whether your employer will treat you fairly. Yet, as plaintiff-side employment law attorneys, we routinely see workers pushed out, denied accommodations, or retaliated against simply because they are pregnant or have pregnancy-related conditions. Understanding your rights under federal and state law is essential to protecting your livelihood during this critical time.
At the federal level, one of the most important protections for pregnant workers today is the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023. This law requires covered employers to provide reasonable accommodations to qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions—unless doing so would impose an undue hardship on the employer. It represents a significant shift in how pregnancy-related workplace issues are addressed.
Before the PWFA, many pregnant workers struggled to obtain even basic accommodations. By way of example, employers often denied requests for simple adjustments such as additional breaks, temporary reassignment of strenuous tasks, or modified schedules. The legal framework frequently left employees in the difficult position of having to justify why they deserved accommodations, sometimes resulting in inconsistent and unfair outcomes.
Undoubtedly, the PWFA changed the landscape by creating an affirmative obligation for employers to engage in an interactive process with employees. Rather than forcing workers to navigate unclear standards, the law requires employers to work collaboratively to identify reasonable accommodations. These accommodations may include more frequent breaks, the ability to sit or stand as needed, modified work schedules, temporary job restructuring, or time off for prenatal appointments or recovery.
This distinction is critical for a few reasons. First, the PWFA focuses specifically on the needs of pregnant workers and eliminates many of the barriers that previously prevented them from securing workplace adjustments. Second, it ensures that employees do not have to choose between maintaining a healthy pregnancy and keeping their jobs. More importantly, employers are also prohibited from forcing employees to accept accommodations they do not want, denying opportunities based on the need for accommodation, or requiring leave if another reasonable accommodation can be provided.
State laws can provide even broader protections. Many states have enacted their own pregnancy accommodation statutes, some of which predate the PWFA and offer stronger or more explicit rights. Depending on where you work, state law may apply to smaller employers, require specific accommodations, or provide additional remedies. It is important to evaluate both federal and state frameworks together, as they often overlap and reinforce one another. For additional information on pregnancy rights in Texas, see here.
Despite these legal protections, violations remain common. We have represented employees who were forced onto unpaid leave when accommodations were available, disciplined for minor issues after disclosing a pregnancy, or terminated under the pretext of “performance” concerns that arose only after announcing they were expecting. Retaliation—punishing an employee for asserting their rights—is also illegal under both federal and state laws, yet it persists in subtle and overt ways.
If you are pregnant and facing challenges at work, documentation is key. Keep records of your communications, requests for accommodations, and any adverse actions taken by your employer. Early legal guidance can make a significant difference in preserving your claims and protecting your rights.
No one should have to choose between a healthy pregnancy and their career. If you believe you have experienced discrimination or retaliation related to pregnancy, consult an employment law attorney to understand your options and take appropriate action.