2
USLAW
SPRING 2025 USLAW MAGAZINE
PregnancyDiscrimination CasesAreontheRise
Are You Ready? Julie Proscia and Kevin Kleine
Pregnancy discrimination claims have increased significantly at the federal and state levels over the past decade. Every year, more states adopt legislation that places additional requirements on employers. Employee relations specialists and legal teams need to develop sound strategies to prevent and mitigate exposure to potential discrimination, harassment, or retaliation claims. CURRENT FEDERAL AND STATE LAWS Since the federal Pregnant Workers Fairness Act (PWFA) went into effect in June 2023, employers nationwide have had to carefully navigate an ever-changing world of employment law with respect to accommodating employees who are or may become pregnant. Under the PWFA, private and public sector employers with 15 or more employees are required to accommodate a qualified employee or applicant’s known limitations affected by or related to pregnancy, childbirth, or related medical conditions. The days of providing maternity leave only to expectant mothers are long gone. State and federal pregnancy discrimination laws mirror—and oftentimes go beyond— federal disability discrimination and accommodation laws. A number of states impose greater re-
Amundsen Davis, LLC
quirements on employers and provide more protections to employees than what is required under federal law. Not surprisingly, California’s Pregnancy Disability Leave (PDL) law is the most expansive state pregnancy accommodation law, which provides eligible employees with up to four months of unpaid leave per pregnancy if they are unable to work due to pregnancy, childbirth, or related medical conditions. PDL applies to all employers with five or more employees, regardless of the employee’s tenure or hours worked. During leave, employees are entitled to job protection, and employers must continue health insurance benefits if they normally provide them. California, like many other states, has a number of other local and state laws that impact employers with respect to pregnancy, including the California Family Rights Act. This type of law is not unique to California. New York recently became the first state to require employers to provide up to 20 hours of paid prenatal leave each year in addition to any paid sick leave required under state law. The leave can be used to attend prenatal medical appointments and procedures. Multiple states, including Massachusetts, Connecticut, Hawaii, Wisconsin, Rhode Island, and Louisiana,
have specific pregnancy disability or leave laws that provide protections for employees who are unable to work due to pregnancy, childbirth, or related medical conditions. These laws vary in terms of eligibility requirements, duration, and benefits provided. HOW EMPLOYERS CAN NAVIGATE MULTI-JURISDICTIONAL COMPLIANCE With the multitude of laws on various levels, an employer’s first line of defense is to ensure that it has written policies in place that comply with all applicable local, state, and federal laws related to and impacting pregnancy and expecting parents. Employers operating in multiple states should have policies covering all state and local laws in the states in which they operate. When it comes to accommodating and responding to the needs of a pregnant worker under local, state, and federal law, there’s no one-size-fits-all answer. The issues must be addressed and determined on a case-by-case basis depending upon the employee’s needs and the employer’s operations. This process usually involves consideration of overlapping state and federal laws, such as under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act, as well as state and local discrimination, accommoda-