Workplace Pregnancy Discrimination

+ When is pregnancy discrimination illegal?

Pregnancy discrimination is generally illegal when an employer makes an employment decision because of pregnancy, childbirth, or a related medical condition in violation of applicable law.

For example, an employer generally cannot refuse to hire a qualified applicant because she is pregnant, deny a promotion because management assumes she will soon take leave, or terminate an employee because of pregnancy-related medical appointments. Employers also cannot make employment decisions based on stereotypes about pregnant employees’ commitment, reliability, or ability to perform their jobs.

Pregnancy discrimination may occur before, during, or after pregnancy. Depending on the circumstances, legal protections can also apply to past pregnancy, potential pregnancy, miscarriage, abortion-related circumstances, childbirth recovery, and related medical conditions.

Employers can make legitimate employment decisions for nondiscriminatory reasons. However, they cannot use pregnancy as a reason to treat an employee unlawfully differently or disregard applicable accommodation requirements.

+ What are examples of pregnancy discrimination in the workplace?

Pregnancy discrimination can be obvious or subtle. Examples that may warrant legal review include:

• Termination or demotion: An employer fires or demotes an employee after learning she is pregnant.
• Hiring discrimination: An employer rejects a qualified applicant because it believes pregnancy will interfere with future availability.
• Lost opportunities: An employer removes an employee from important projects or passes her over for promotion because it assumes she will take maternity leave.
• Unequal treatment: An employer penalizes an employee for pregnancy-related absences while excusing similar absences for other employees when the law requires equal treatment.
• Denied accommodations: An employer refuses to consider a legally required change to duties, schedule, breaks, or lifting requirements.
• Forced leave: An employer requires an employee to stop working because of pregnancy when she can continue working with a reasonable accommodation.
• Postpartum discrimination: An employer penalizes an employee for childbirth recovery or related medical needs protected by law.
• Harassment: A supervisor or coworker makes repeated offensive comments about pregnancy, and the conduct meets the legal standard for unlawful harassment.

These examples do not automatically establish a legal claim. The circumstances, available evidence, and applicable legal requirements matter.

+ Does my employer have to provide reasonable accommodations during pregnancy?

In many circumstances, yes. Minnesota law and the federal Pregnant Workers Fairness Act require covered employers to provide reasonable accommodations for qualifying pregnancy-related limitations, unless the employer can establish that the accommodation would impose an undue hardship under the applicable law.

Depending on the circumstances, accommodations may include:

• More frequent or longer breaks to use the restroom, eat, or drink water.
• Seating or changes to workstations.
• Limits on heavy lifting or other physically demanding duties.
• Modified schedules or job assignments.
• Temporary transfer to a less strenuous or hazardous position.
• Time off for prenatal appointments or pregnancy-related medical needs.
• Temporary leave for pregnancy-related limitations or childbirth recovery.

Minnesota law specifically requires certain accommodations without requiring a health care provider’s advice, such as additional breaks, modified seating, and limits on lifting more than 20 pounds. Other requested accommodations generally require that advice under the Minnesota pregnancy accommodation statute. Federal law may provide additional or overlapping protections.

+ Can my employer deny pregnancy-related leave or fire me for taking time off?

Eligible employees may have rights to job-protected leave for qualifying pregnancy-related medical needs, childbirth recovery, or bonding with a new child. Eligibility requirements, length of leave, pay, and job protections differ among Minnesota pregnancy accommodation requirements, the Family and Medical Leave Act (FMLA), and Minnesota’s Paid Leave program.

An employer generally cannot unlawfully penalize an employee for taking protected leave or for requesting a legally required accommodation. However, not every absence is automatically protected, and some leave programs have eligibility, notice, and documentation requirements.

If your employer denies a pregnancy-related leave request, pressures you to return before you are ready, or threatens your job because of protected time off, an employment attorney can help evaluate your rights under the relevant laws.

+ How do I prove a pregnancy discrimination claim?

To prove pregnancy discrimination, you generally need evidence that pregnancy, childbirth, or a related medical condition unlawfully influenced an employment decision or that the employer violated an accommodation obligation.

Direct evidence can be useful. However, many cases rely on circumstantial evidence showing that the employer’s stated reason for its decision may be a pretext for pregnancy discrimination. Relevant evidence may include:

• Performance reviews, commendations, and disciplinary records.
• Emails or messages discussing pregnancy, anticipated leave, or medical restrictions.
• Accommodation requests and the employer’s responses.
• Leave requests, attendance records, and communications about returning to work.
• Evidence that similarly situated non-pregnant employees were treated differently.
• Changes in the employer’s explanation for a decision.
• Statements from coworkers or other witnesses who observed relevant conduct.

You do not need to possess every relevant document before seeking legal advice. Some evidence, including internal employment records and decision-making documents, may be obtainable through legal processes.

+ Can my employer fire me for complaining about pregnancy discrimination or requesting accommodation?

Generally, no. Minnesota and federal law prohibit retaliation against employees for engaging in certain protected activities, including opposing unlawful pregnancy discrimination, requesting legally protected accommodations, or participating in a discrimination investigation or proceeding.

Retaliation may include termination, demotion, reduced hours, undesirable reassignment, or other adverse treatment because an employee engaged in protected activity. For example, an employer may face a retaliation claim if it cuts an employee’s hours because she requested pregnancy-related accommodations or reported discriminatory treatment.

A retaliation claim may be possible even if the underlying discrimination claim is not ultimately proven, provided the circumstances meet the requirements of the applicable anti-retaliation law.

+ Can I claim pregnancy discrimination if I quit my job?

Potentially. In some circumstances, an employee who resigns may argue that the employer effectively forced the resignation through intolerable working conditions. This is sometimes referred to as constructive discharge.

However, an unfair workplace, frustrating management, or a difficult relationship with a supervisor does not automatically qualify as constructive discharge. The severity of the conduct, the employer’s response, and the reason for the working conditions all matter.

If you are considering resigning because you believe you are experiencing pregnancy discrimination, consider speaking with an employment attorney first if possible.

+ How much is a pregnancy discrimination case worth?

There is no standard settlement amount for a pregnancy discrimination case. Potential value depends on the strength of the evidence, financial losses, the nature of the employer’s conduct, and the remedies available under the applicable law.

Depending on the claim, potential remedies may include lost wages and benefits, future lost earnings, reinstatement or other employment-related relief, and attorney fees. Certain claims may also allow compensatory or punitive damages, subject to statutory requirements and limitations. Remedies differ depending on whether the claim involves discrimination, retaliation, failure to accommodate, or a violation of leave rights.

An employment attorney can evaluate the potential value of a claim after reviewing the evidence, employment history, financial losses, and circumstances of the alleged discrimination.

+ What is the statute of limitations for a pregnancy discrimination case in Minnesota?

The deadline depends on the law and the type of claim. Under the Minnesota Human Rights Act, a pregnancy discrimination claim generally must be brought within one year of the discriminatory practice, subject to statutory exceptions and rules.

For a claim under Title VII or the federal Pregnant Workers Fairness Act, an employee in Minnesota generally must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged discriminatory act. Minnesota workers who want to preserve potential federal discrimination claims must file separately with the EEOC; filing with the Minnesota Department of Human Rights does not automatically preserve federal rights.

Other claims, such as those involving Family and Medical Leave Act, Minnesota Paid Leave, or other leave-related rights, may have different deadlines and procedures.

Do not assume that reporting discrimination to your employer or participating in an internal investigation automatically extends a filing deadline. Because missing a deadline can limit or prevent your ability to pursue a claim, seek legal advice promptly if you believe you have experienced pregnancy discrimination.

+ What should I do if my employer has discriminated against me because of pregnancy?

If you believe you have experienced pregnancy or family-planning discrimination, document what happened as soon as possible. Consider these steps:

• Document what happened. Record important dates, who made or communicated employment decisions, what was said, and why you believe pregnancy influenced the decision.
• Preserve relevant records. Keep copies of performance reviews, pay records, disciplinary notices, relevant emails, and documents concerning promotions, leave, or termination related to pregnancy.
• Keep accommodation and leave records. Save requests, responses, medical restrictions relevant to your work, and communications about leave or returning to work.
• Identify potential witnesses. Record the names of people who observed relevant conduct or may know how employment decisions were made.
• Consider reporting the concern. If appropriate, raise the issue with human resources or management. Keep a copy of your complaint and document the employer’s response.
• Request your personnel records. Minnesota law provides employees with rights to review or obtain copies of personnel records, subject to statutory requirements.
• Be careful before signing a severance agreement. A release may affect your ability to pursue legal claims, depending on its terms and applicable law.
• Seek legal advice promptly. An employment attorney can help evaluate potential discrimination, accommodation, retaliation, and leave-related claims and explain the deadlines that apply.

You do not need to prove your entire case before seeking legal advice. An attorney can help evaluate what happened and determine what additional evidence may be useful.