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The Pregnancy Discrimination Act, or PDA, is a federal law that prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. It amended Title VII of the Civil Rights Act of 1964 to clarify that discrimination because of pregnancy is a form of unlawful sex discrimination.
If you are pregnant, recently gave birth, or have a pregnancy-related condition, your employer cannot treat you differently in hiring, firing, pay, promotions, job assignments, or benefits because of that condition.
What Does the Pregnancy Discrimination Act Require Employers to Do?
The PDA requires employers with 15 or more employees to treat pregnant workers the same as other employees who are similar in their ability or inability to work.
In practical terms, this means:
An employer cannot refuse to hire you because you are pregnant if you are qualified for the job.
You cannot be fired, demoted, or denied a promotion because of pregnancy.
Your employer cannot force you to take leave if you are able to perform your job.
Workplace policies must apply the same way to pregnancy as they do to other temporary medical conditions.
The law focuses on equal treatment. If another employee with a temporary medical condition is allowed to keep working, take leave, or receive certain benefits, a pregnant employee must be treated the same under comparable circumstances.
Can an Employer Force a Pregnant Employee to Take Leave?
No. If you can perform the essential functions of your job, your employer generally cannot require you to stop working simply because you are pregnant.
Even if an employer believes it is acting in your best interest, it cannot sideline you based on assumptions about your health or safety. Employment decisions must be based on your actual ability to do the job, not stereotypes about pregnancy.
What If Pregnancy Causes a Temporary Medical Limitation?
Pregnancy itself is not automatically considered a disability under federal law. However, pregnancy-related medical conditions may trigger additional protections.
Under the PDA, if you are temporarily unable to perform certain duties due to pregnancy, your employer must treat you the same way it treats other employees with temporary medical limitations. That could include:
If other employees with short-term medical issues receive accommodations or leave, you should receive comparable treatment.
In addition, the Pregnant Workers Fairness Act, which took effect in 2023, may require employers to provide reasonable accommodations for known limitations related to pregnancy or childbirth, unless doing so would create an undue hardship.
Are Pregnancy-Related Benefits Protected?
Yes. The PDA also applies to benefits and leave policies.
If your employer offers:
Health insurance
Short-term disability coverage
Paid or unpaid medical leave
Seniority credit or accrual of benefits during leave
Those benefits must be administered in a way that does not disadvantage employees because of pregnancy. Pregnancy-related medical conditions must be treated the same as other medical conditions for insurance and leave purposes.
How Does the Pregnancy Discrimination Act Apply in Georgia?
The PDA is a federal law that applies to covered employers in Georgia. If you work for an employer with at least 15 employees, you may be protected under Title VII as amended by the PDA.
Georgia does not have a broad, standalone state pregnancy discrimination statute that expands significantly beyond federal law for private employees. That means federal protections often play a central role in these cases.
If you believe you have been treated unfairly due to pregnancy, you typically must file a charge with the Equal Employment Opportunity Commission before filing a lawsuit. There are strict deadlines, so timing matters.
What Counts as Pregnancy Discrimination?
Pregnancy discrimination can take many forms, including:
Rescinding a job offer after learning you are pregnant
Reducing your hours or pay because of pregnancy
Denying light duty that is available to other employees
Failing to reinstate you after pregnancy-related leave
Harassing comments or conduct tied to pregnancy
Employers are also prohibited from retaliating against employees who request accommodations or complain about pregnancy discrimination.
We look closely at how similarly situated employees are treated. Unequal treatment is often the key issue.
Protecting Your Rights at Work
When you are dealing with pregnancy and your job at the same time, the situation can feel stressful and uncertain. You should not have to choose between your health and your career because of unlawful treatment.
At Pankey & Horlock, LLC, we help employees in Georgia understand their rights under federal law. If you believe your employer treated you differently because of pregnancy, we can review the facts and explain your options. Contact us to schedule a consultation and discuss your situation.
Frequently Asked Questions About the Pregnancy Discrimination Act
Does the Pregnancy Discrimination Act apply to small businesses?
It generally applies to employers with 15 or more employees. Smaller employers may not be covered by Title VII, though other laws could apply depending on the situation.
Is pregnancy considered a disability?
Pregnancy alone is not automatically a disability. However, certain pregnancy-related medical conditions may qualify as disabilities under other laws, which can trigger additional accommodation rights.
Can I be fired for being pregnant?
You cannot be lawfully fired because of pregnancy. Employers may discipline or terminate employees for legitimate, non-discriminatory reasons, but pregnancy cannot be the reason.
Do I have to tell my employer I am pregnant?
There is no universal requirement to disclose pregnancy immediately. However, if you are requesting leave or an accommodation, you may need to provide enough information to support that request.