Pregnancy Discrimination

The Pregnancy Discrimination Act of 1978 (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. This act forbids discrimination based on pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women who are affected by pregnancy or related conditions are required to be treated in the same manner as other employees. Women are protected against pregnancy discrimination in the workplace under (PDA) and The Family Medical Leave Act of 1993 (FMLA). Under Federal and state law, it is illegal to discriminate based on pregnancy in the workplace.

The Pregnancy Discrimination Act (PDA) prohibits pregnancy discrimination in the workplace, as well as any aspect of employment actions including; firing, job assignments, promotions, layoff, hiring, maternity leave, and health insurance. Correspondingly, The New York State Human Rights Law forbids an employer from forcing an employee to take a leave of absence while pregnant, with the exception of; if the employee is unable to perform her normal work-related responsibilities. According to, New York State Department of Labor (DOL) and the New York State Division of Human Rights (DHR)

“Protect Women from Pregnancy Discrimination: This bill (S. 8 / A. 4272) requires employers to provide reasonable accommodations for pregnant employees. Some pregnancies can result in medical conditions requiring certain accommodations within the workplace and current protections for pregnant women are confusing and have been misinterpreted. This new law clarifies that employers must perform a reasonable accommodation analysis for pregnant employees.”  Protecting and Furthering Equality in New York State | New York State Division of Human Rights. (2020). Retrieved 7 October 2020

Pregnancy discrimination is illegal, we must hold employers who violate these laws fully accountable.