Pregnancy Discrimination Lawsuits

It has been nearly four decades since Congress passed the Pregnancy Discrimination Act (PDA) to extend Title VII civil rights protections to pregnant workers. And yet for many, the decision to have a child still comes with a calculation about whether they will be treated differently by their employers.

Pregnancy discrimination affects employees from all sectors of the workforce, including high-performing workers at technology companies, finance, law firms, universities, and other corporate settings. Studies show that after pregnancy, the gender gap in pay and promotions grows dramatically.

Pregnancy discrimination most often occurs due to an employee’s pregnancy, childbirth, or related medical condition. But employees also experience discrimination for related issues, such as taking parental leave, receiving fertility treatment, having an abortion, or being a caregiver to children. These issues are deeply intertwined, and employers should not discriminate on these bases.

On This Page

How Are Pregnant Workers Discriminated Against in the Workplace?
What Protections Exist for Pregnant Workers?
What Protections Exist for Parental Leave?
What Protections Exist for Parenting Employees?
The Pump Act and Your Lactation Rights
How Can Sanford Heisler Sharp Help?
Successful Pregnancy Discrimination Cases

How Are Pregnant Workers Discriminated Against in the Workplace?

Overt discrimination is the easiest to identify. This occurs, for instance, when managers express the bias that pregnant workers and new mothers are less committed to their jobs, or openly profess a preference for employees who are not pregnant or who do not have caregiving obligations.

More commonly, however, employers do not announce their prejudices. Instead, their actions make clear that they are engaging in pregnancy discrimination, such as when an employee’s announcement that she is pregnant is followed by a negative performance review, the denial of a promotion or raise, or a demotion or termination.

What Protections Exist for Pregnant Workers?

In addition to state and local laws, the federal Pregnancy Discrimination Act (PDA) makes it unlawful for an employer to demote, fire, force to take leave, or refuse to hire an employee because they are pregnant. Similarly, courts have deemed it unlawful for an employer to discriminate during the pre-pregnancy phase, such as firing an employee for requesting time off to receive fertility treatments.

Further rights for pregnant workers, such as the right to take time off for medical appointments without fear of retaliation, are protected under the American with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). Employers must also provide “reasonable accommodations” for pregnant employees at work, provided they offer the same accommodations to similarly situated employees. For instance, if an employee returning to work following a hip surgery cannot lift heavy objects and is granted this accommodation by the employer, it is unlawful discrimination for the employer not to offer the same accommodation to an employee who is pregnant.

What Protections Exist for Parental Leave?

The Family and Medical Leave Act (FMLA) requires companies of 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave. This mandate applies to all workers who have accrued at least 12 months on the job.

“Job-protected leave” means that workers who have recently given birth and who take time off to care for a new baby are entitled to return to their same position following leave. The FMLA also covers leave for the partners of those who have given birth, for new adoptions and new foster care parents, and for those who need to care for a newborn with serious health conditions.

When an employee takes parental leave, it is unlawful for an employer to:

• Terminate the employee
• Demote them to a lesser position
• Deny them a promotion
• Force the employee to work during leave
• Retract a job offer based on pregnancy or intention to take leave

In addition to the FMLA, multiple states—including New York, the District of Columbia, and California—have implemented leave laws for new parents. Some states provide paid leave, and some mandate job protection like the FMLA does. Birthing parents may also be eligible for short-term disability.

Employees wishing to take parental leave should talk to their employer’s HR department about whether they qualify for FMLA, state leave laws, or short-term disability benefits. Employers cannot retaliate against employees for their intent to use such benefits.

What Protections Exist for Parenting Employees?

It is unlawful to discriminate against employees due to their commitments as caregivers to a newborn child. This applies to mothers and fathers; if an employer makes gender-based assumptions about an employee due to their childcare obligations, that can amount to sex or gender discrimination under Title VII.

The Pump Act and Workplace Lactation Rights

While it was already unlawful for an employer to discriminate against a nursing parent for pumping at work, the Providing Urgent Maternal Protections for Nursing Mothers Act, or “PUMP Act,” expanded lactation rights in the workplace.

Under the PUMP Act, employers must designate a clean and private space, other than a bathroom, for nursing mothers to express breast milk. While employers are not required to pay workers for break time used for pumping, nursing mothers are entitled to be compensated if those break periods are the same as the ones that employees receive for other purposes. The PUMP Act also extended lactation rights in the workplace to two years after the birth of a child. Several states provide similar benefits.

How Can Sanford Heisler Sharp McKnight Help?

Our pregnancy discrimination attorneys have extensive experience combatting these prejudices. We are passionate about removing barriers for pregnant employees and parents in the workplace. In 2013, we were at the forefront of pregnancy discrimination litigation in filing a class action lawsuit against Merck, alleging that the pharmaceutical giant discouraged female employees from getting pregnant and structuring compensation to penalize those who did have a child (the case resulted in a $6.2 million settlement).

Successful Cases

We have litigated groundbreaking pregnancy discrimination class actions and negotiated confidential resolutions for numerous individuals. Our successful pregnancy discrimination settlements include:

• Securing a $6.2 million settlement in a pregnancy and gender discrimination class action on behalf of thousands of female sales representatives who worked at Merck
• Securing a $4 million settlement in a pregnancy and gender discrimination class action against Forest Laboratories, Inc., and Forest Pharmaceuticals, Inc.
• Securing a seven-figure settlement for a female employee who was denied pregnancy accommodations and experienced medical complications during her pregnancy
• Securing a settlement worth multiple years of pay for a female lawyer who was denied work and advancement opportunities after she returned from maternity leave
• Securing a six-figure settlement on behalf of a female employee in the financial services industry who was denied pregnancy accommodations and terminated while on parental leave
• Securing a six-figure settlement on behalf of a female employee who was subjected to hostile treatment when she sought to pump in the workplace and was terminated after she complained

To learn about how Sanford Heisler Sharp McKnight could help you in asserting your right to be free from pregnancy discrimination, reach out to our Discrimination and Harassment Practice Group.