The federal Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act and, therefore, applies to employers with 15 or more employees. Discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful.

Pregnancy discrimination under Title VII can be based on:

• Current pregnancy,
• Past pregnancy,
• Potential pregnancy,
• Medical condition related to pregnancy or childbirth including breastfeeding/lactation,
• Having or choosing not to have an abortion, and
• Birth control (Contraception).

Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. If an employee is temporarily unable to perform her job due to pregnancy or related conditions, the employer must treat her the same as any other temporarily disabled employee. See, however, information on the Pregnant Workers Fairness Act (PWFA).

If, for example, the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take leave, the employer must also allow an employee who is temporarily disabled due to pregnancy or related conditions to do the same.

Employers may not refuse to hire a pregnant woman because of pregnancy, a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. Employers may not force a woman to take leave because of a pregnancy. Employers must hold a job open for a pregnancy-related absence the same length of time jobs are held for employees with other temporary disabilities, but see the information on the Pregnant Workers Fairness Act (PWFA).