Pennsylvania Pregnancy Discrimination Laws: Protecting Working Mothers

Quick Answer: Pregnancy discrimination is illegal in Pennsylvania under the Pennsylvania Human Relations Act (PHRA), covering employers with 4+ employees, and federal laws including the Pregnancy Discrimination Act (PDA) and Pregnant Workers Fairness Act (PWFA). You're entitled to reasonable accommodations for pregnancy-related conditions. File with PHRC within 180 days or EEOC within 300 days.

Being pregnant shouldn't cost you your job.

Laws Protecting Pregnant Workers

Pennsylvania Human Relations Act (PHRA)

State protection:

• Covers employers with 4+ employees
• Sex discrimination includes pregnancy
• Childbirth and related conditions
• File with PHRC
• 180-day deadline
• No damage caps

Pregnancy Discrimination Act (PDA)

Federal protection:

• Covers employers with 15+ employees
• Prohibits pregnancy discrimination
• Treat like other medical conditions
• Part of Title VII
• File with EEOC

Pregnant Workers Fairness Act (PWFA)

New federal protection (2023):

• Covers employers with 15+ employees
• Requires reasonable accommodations
• For pregnancy, childbirth, related conditions
• Cannot require leave if accommodation available
• Significant new protection

PUMP Act

For nursing mothers:

• Break time for pumping
• Private space required
• Extended to more workers
• Complements PWFA

What's Protected

Pregnancy-Related Conditions

Cannot discriminate for:

• Pregnancy
• Childbirth
• Intention to become pregnant
• Fertility treatments
• Abortion
• Miscarriage
• Breastfeeding
• Postpartum conditions

Related Medical Conditions

Also protected:

• Morning sickness
• Gestational diabetes
• Preeclampsia
• Sciatica
• Postpartum depression
• Complications
• Recovery from childbirth

Types of Discrimination

Hiring Discrimination

Illegal to:

• Refuse to hire because pregnant
• Ask about pregnancy plans
• Consider pregnancy in hiring
• Withdraw offer after learning pregnant

Termination

Illegal to fire for:

• Being pregnant
• Pregnancy complications
• Taking maternity leave
• Pregnancy-related absences

Demotion and Pay

Cannot:

• Demote pregnant workers
• Cut pay
• Reduce hours
• Remove responsibilities

Harassment

Illegal harassment:

• Comments about pregnancy
• Pressure to quit
• Hostile treatment
• Jokes about pregnancy

Reasonable Accommodations

PWFA Requirements

Employers must provide:

• Reasonable accommodations
• For known pregnancy limitations
• Unless undue hardship
• Interactive process required

Common Accommodations

Examples include:

• More frequent breaks
• Seating/ability to sit
• Flexible scheduling
• Modified duties
• Closer parking
• Schedule changes for appointments
• Light duty
• Telework
• Leave for recovery

What Employer Cannot Do

PWFA prohibits:

• Requiring leave if accommodation available
• Denying employment due to accommodation need
• Retaliating for requesting accommodation
• Forcing unnecessary accommodation

Interactive Process

Employer must:

1. Consider accommodation request
2. Engage in dialogue
3. Explore options
4. Provide reasonable accommodation
5. Not force leave prematurely

Maternity Leave Rights

FMLA Leave

If eligible:

• 12 weeks unpaid leave
• Job protected
• 50+ employees
• 12 months employment
• 1,250 hours worked

Short-Term Disability

If employer offers:

• Pregnancy treated same as other conditions
• Cannot exclude pregnancy
• Same benefits apply

Company Policy

Follow employer's:

• Maternity leave policy
• Parental leave benefits
• Return to work requirements

Combining Leave

Strategic approach:

• Use FMLA for job protection
• Combine with disability
• Add accrued PTO
• Understand employer policy

Breastfeeding Rights

PUMP Act Protections

Federal law requires:

• Break time for pumping
• Up to 1 year after birth
• Private space (not bathroom)
• Reasonable break time

Pennsylvania Considerations

Additional protections:

• Many employers accommodate
• Request in writing
• Document denials

Filing a Complaint

PHRC (State)

For PHRA claims:

• Pennsylvania Human Relations Commission
• 180-day deadline
• Phone: 717-787-4410
• Website: phrc.pa.gov

EEOC (Federal)

For PDA/PWFA claims:

• Equal Employment Opportunity Commission
• 300-day deadline
• Phone: 1-800-669-4000

Dual Filing

Recommended:

• File with both agencies
• Preserves all options
• Different remedies available

Proving Pregnancy Discrimination

Direct Evidence

Strongest proof:

• Statements about pregnancy
• "We can't have pregnant workers here"
• Written references to pregnancy
• Explicit reasons

Circumstantial Evidence

Commonly used:

• Timing of adverse action
• Treatment compared to others
• Pretextual reasons
• Pattern of treatment

Key Questions

Ask:

• Were non-pregnant employees treated better?
• Was action taken after pregnancy announced?
• Did employer's reason make sense?
• Were rules consistently applied?

Damages Available

Under PHRA

Can recover:

• Back pay
• Front pay
• Compensatory damages (no cap)
• Emotional distress
• Punitive damages
• Attorney's fees

Under PDA/PWFA

Can recover:

• Back pay
• Compensatory damages (capped)
• Punitive damages (capped)
• Attorney's fees

Common Scenarios

Scenario 1: Fired After Announcing

Situation: Told supervisor you're pregnant Monday. Friday, told you're "not working out."

Analysis: Highly suspicious timing. 4 days between announcement and termination. Strong evidence of discrimination.

Scenario 2: Accommodation Denied

Situation: Doctor says you need light duty for remainder of pregnancy. Employer says "take leave or quit."

Analysis: Under PWFA, employer must consider accommodation. Cannot force leave if accommodation is reasonable.

Scenario 3: Not Hired

Situation: Great interview. Then asked about "family plans." After mentioning you're 3 months pregnant, never heard back.

Analysis: Asking about pregnancy/family plans suggests discrimination. Document the question.

Scenario 4: Pumping Space Denied

Situation: Returned from maternity leave. Employer says pump in bathroom or not at all.

Analysis: PUMP Act requires private space that's not a bathroom. File complaint.

Employer Obligations

Must Treat Equally

Pregnancy treated like:

• Other temporary disabilities
• Other medical conditions
• Cannot be worse treatment

Cannot Ask About

Illegal questions:

• Are you pregnant?
• Planning to have children?
• What are your childcare plans?
• Will pregnancy affect work?

Must Accommodate

Under PWFA:

• Known limitations
• Pregnancy-related conditions
• Interactive process
• Reasonable accommodations

Retaliation Protection

Protected Activities

Cannot retaliate for:

• Requesting accommodation
• Filing complaint
• Taking maternity leave
• Reporting discrimination

Warning Signs

Watch for:

• Changed treatment after pregnancy known
• Negative reviews after accommodation request
• Discipline after returning from leave
• Position elimination

Best Practices for Employees

Documentation

Keep records of:

• When you announced pregnancy
• Accommodation requests
• Employer responses
• Treatment changes
• Performance reviews
• Communications

Written Requests

Put in writing:

• Accommodation requests
• Leave requests
• Concerns about treatment
• Keep copies

Know Your Rights

Understand:

• FMLA eligibility
• Company policies
• State and federal protections
• Filing deadlines

Frequently Asked Questions

Can employer ask if I'm pregnant?

No. Asking about pregnancy or family plans is illegal in hiring. Current employees can't be questioned either.

Do I have to tell employer I'm pregnant?

No legal requirement to disclose. But may need to for accommodations or FMLA.

Can I be fired for pregnancy complications?

No. Pregnancy-related medical conditions are protected.

What accommodations am I entitled to?

Under PWFA: reasonable accommodations for pregnancy limitations. Common ones include modified duties, breaks, seating.

How long can I take for maternity leave?

FMLA provides 12 weeks unpaid if eligible. Additional leave may be available under employer policy or as accommodation.

Can employer make me take leave instead of accommodation?

No. Under PWFA, employer cannot force leave when reasonable accommodation is available.

Related Topics

• Pennsylvania Human Relations Act Guide
• Filing a PHRC Complaint
• Pennsylvania FMLA Guide
• Pennsylvania Workplace Discrimination

Take Action

If you face pregnancy discrimination:

1. Document everything
2. Request accommodations in writing
3. Know your FMLA rights
4. Report discrimination to HR
5. File with PHRC within 180 days
6. Consider dual filing with EEOC
7. Consult employment attorney

Pregnancy is protected. Know your rights.

Legal Disclaimer

This article provides general information about pregnancy discrimination in Pennsylvania and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a licensed Pennsylvania employment attorney.

For official information:

• Pennsylvania Human Relations Commission: https://www.phrc.pa.gov | 717-787-4410
• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov | 1-800-669-4000