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States may also have laws regarding pregnancy discrimination (typically similar to the federal laws) or may allow leave or other accommodations for employees who are pregnant. These laws may also apply to smaller employers.
View the state information for a full summary of differences.
State comparison
State
State law or differences in addition to federal regulations
Partial summary
Yes
The state prohibits gender discrimination when the reasonable demands of the position do not require distinction on that basis. Also, the federal requirements would apply to covered employers. In addition, a municipality may, by ordinance or resolution, establish a local human rights commission.
Yes
Women affected by pregnancy or childbirth or related medical conditions must be treated the same, for all employment-related purposes, as other persons not so affected but similar in their ability or inability to work, including for receipt of benefits under fringe benefit programs. The legislation also provides that an employer may not differentiate wages or compensation for women who are affected by pregnancy, childbirth, or related medical conditions.
Yes
A woman cannot be fired because she is pregnant or has had an abortion. “Employer” means a person who employs nine or more employees in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of such person. Discrimination because of gender includes pregnancy, childbirth, or related medical conditions.
Yes
The California Pregnancy Disability Leave law applies to employers with five or more employees, and requires up to four months of leave. Group health coverage must be maintained during this leave. Employers are also required to provide reasonable accommodation for a condition related to pregnancy, childbirth, or related medical condition, upon the advice of the individual’s physician.
Yes
The Colorado Anti-Discrimination Act requires employers to engage in an interactive process to determine whether a reasonable accommodation (if requested by an applicant or employee) is available for an individual with a condition related to pregnancy and/or childbirth. Examples of reasonable accommodations might include: more frequent or longer breaks, modified equipment or seating, temporary transfer to a less strenuous or hazardous position, limited lifting, and a modified work schedule. Employers may not require an applicant or employee to accept an accommodation she has not requested or that is not necessary to perform an essential function of her job.
Yes
The state’s Fair Employment Practices Act requires employers to make reasonable accommodation for an employee or applicant who require one due to her pregnancy, unless doing so would cause undue hardship for the employer. Employers may not require pregnant workers to take leave if a reasonable accommodation could be provided instead, and employees may not be retaliated against based on requests for a reasonable accommodation.
Yes
The Delaware Pregnant Workers Fairness Act requires employers to make reasonable accommodations for employees whose ability to work is limited by pregnancy, childbirth, lactation, and related conditions, as long as the accommodation does not constitute an undue hardship for the employer.
Yes
The Washington, D.C., Protecting Pregnant Workers Fairness Act requires employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, a related medical condition, or breastfeeding.
Yes
Both private and public employers are prohibited from discriminating against employees and applicants because of pregnancy. The law was passed after the Florida Supreme Court ruled in April 2014, that by prohibiting discrimination based on sex, the Florida Civil Rights Act (FCRA) also prohibits discrimination based on pregnancy.
Yes
All employers must make reasonable accommodation for a pregnant employee with a disability related to pregnancy, childbirth, or related conditions.
Yes
The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions. A complaint must be filed within one year after the alleged unlawful employment practice occurs.
Yes
The Illinois Pregnancy Accommodation Act applies to all Illinois employers regardless of size. The law requires employers to provide accommodations for pregnancy, childbirth, and related conditions unless doing so would impose undue hardship. An accommodation might include longer breaks, light duty, or leave. Employees must be reinstated to a former position, except in cases of undue hardship.
Yes
“Employer” means the state of Iowa or any political subdivision, board, commission, department, institution, or school district thereof, and every other person employing employees within the state. Disabilities caused or contributed to by pregnancy or related conditions must be treated the same as any other disability for purposes of leave and so on. The state has specific recordkeeping and posting requirements.
Yes
Childbearing must be considered by the employer to be a justification for a leave of absence for female employees for a reasonable period of time. Following childbearing, and upon signifying her intent to return within a reasonable time, a female employee must be reinstated to her original job or to a position of like status and pay without loss of service, credits, sonority, or other benefits. A complaint must be filed within six months after the date of occurrence of the alleged unlawful practice. If the alleged practice is of a continuing nature, the date of occurrence will be deemed to be any date subsequent to the commencement of the practice up to and including the date upon which the practice ceased.
Yes
Under the Kentucky Pregnant Workers act, Kentucky employers with 15 or more employees are to provide reasonable accommodations for an employee’s limitations related to her pregnancy, childbirth, or related medical conditions, unless doing so poses an undue hardship. Employers are to provide written notice of the employee’s rights upon hire, and must also post a notice describing these rights.
Yes
An employer with 25 or more employees that has a policy, practice, or collective bargaining agreement authorizing the transfer of temporarily disabled employees to less strenuous or hazardous positions must also grant temporary transfer to a pregnant employee on her request and at the advice of her physician, if she can be reasonably accommodated. As of August 1, 2021, employers are required to provide reasonable accommodations due to pregnancy, childbirth, or related medical conditions, unless it would pose an undue hardship.
Yes
Notwithstanding any other provision of law, a mother may breast-feed her baby in any location, public or private, where the mother is otherwise authorized to be. A complaint of discrimination must be filed with the Human Rights Commission not more than six months after the act of alleged discrimination occurred.
Yes
Employers with 15 or more employees must provide reasonable accommodations for employees who request them and who have a disability related to pregnancy, unless doing so would impose an undue hardship. Pregnant employees may need to be transferred to a less strenuous or hazardous position if requested.
Yes
The Massachusetts Maternity Leave Act applies to employers with six or more employees, and employees may be eligible for up to eight weeks of leave.
Effective April 1, 2018, employers with employees in Massachusetts must consider whether a reasonable accommodation is available to accommodate a pregnant employee even if she does not have a disability under the federal Americans with Disabilities Act (ADA).
Yes
State law prohibits discrimination based on sex. “Sex” includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth that does not include non-therapeutic abortion not intended to save the life of the mother. Employers may not treating an individual affected by pregnancy, childbirth, or a related medical condition differently (for any employment-related purpose) from another individual who is not so affected but similar in ability or inability to work, without regard to the source of any condition affecting the other individual’s ability or inability to work. A medical condition related to pregnancy or childbirth does not include nontherapeutic abortion not intended to save the life of the mother.
Yes
The Minnesota discrimination laws require employers with 21 or more employees to provide reasonable accommodations to women who are pregnant, such as restroom breaks, food, water, seating, or a temporary transfer to a position that better accommodates the pregnancy.
Yes
The Missouri statutes do not specifically mention pregnancy. However, discrimination based on pregnancy is a form of sex discrimination. A charge of discrimination must be filed within 180 days of the alleged practice.
Yes
“Employer” means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a non-membership basis. Generally, complaints of unlawful employment practice must be filed within 180 days. All employers, labor organizations, employment agencies, and government agencies must keep adequate records.
Yes
Nebraska's Fair Employment Practices Act makes it illegal for employers to discriminate against an individual who is pregnant, who has given birth, or who has a medical condition related to pregnancy. The law also requires employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions. Such accommodations might include more frequent or longer breaks, modified work schedules, leave, or a temporary transfer to less strenuous work.
Yes
Effective October 1, 2017, employers with 15 or more employees need to provide a reasonable accommodation to a female employee or job applicant for a condition relating to pregnancy, childbirth, or a related medical condition, unless the accommodation would impose an undue hardship to the business.
Yes
The New Hampshire pregnancy discrimination laws apply to employers with six or more employees, but is otherwise similar to the federal provisions.
Yes
The New Jersey Law Against Discrimination requires all employers to provide accommodations to women affected by pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, if requested by the employee based on a physician’s advice. Accommodations need not be provided if they would cause the employer undue hardship.
Yes
“Employer” means any person employing four or more persons and any person acting for an employer, including but not limited to, employment agencies. Under unlawful employment practices, sex discrimination is defined to include pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons who are temporarily disabled for all employment-related purposes, including receipt of benefits under fringe benefit programs.
Yes
Absent undue hardship, employers with four or more employees must provide reasonable accommodations to an employee’s known pregnancy-related condition(s).
Yes
Unless doing so would unduly disrupt the employer’s normal operations, threaten the employee’s health and safety, contradict a business necessity or impose undue hardship, all employers must provide reasonable accommodations to pregnant employees.
Yes
Women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. This does not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term or except where medical complications have arisen from the abortion. In addition, nothing precludes an employer from providing abortion benefits or otherwise affects bargaining agreements regarding abortion.
Yes
Under unlawful employment practices, the terms “sex,” and “because of sex” or “based on sex” include, but are not limited to, pregnancy, childbirth or related medical conditions. Women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes as persons not affected but similar in their ability or inability to work. This language is nearly identical to the federal Pregnancy Discrimination Act.
Yes
Effective January 1, 2020, employers with six or more employees must make reasonable accommodations for an employee’s or applicant’s pregnancy-related limitations, including childbirth, lactation, or related medical conditions. Employers must post a notice regarding the law’s provisions and provide a written copy of the notice to new employees at time of hire, to existing employees by June 29, 2020, and within 10 days after an employee provides notice of the need for leave.
Yes
The term “employer” with respect to discriminatory practices based on race, color, age, sex, national origin or non-job related handicap or disability, includes religious, fraternal, charitable and sectarian corporations and associations employing four or more persons. The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For posting, every person subject to the act must post and exhibit prominently in the place of business any fair practices notice prepared and distributed by the Pennsylvania Human Relations Commission.
Yes
Rhode Island's Fair Employment Practices Law requires employers to reasonably accommodate the pregnancy, childbirth, or related medical condition of an employee or prospective employee, unless the employer can demonstrate that providing a reasonable accommodation would impose an undue hardship.
Yes
The South Carolina Pregnancy Accommodations Act requires employers with 15 or more employees to provide reasonable accommodations to those with medical needs arising from pregnancy, childbirth, or related medical conditions of an applicant for employment or employee, unless they can demonstrate that the accommodation would impose an undue hardship on the operation of the business.
Yes
Effective October 1, 2020, Tennessee employers with 15 or more employees must make reasonable accommodations for employees with a medical need relating to pregnancy, childbirth, or related conditions. Accommodations could include providing longer or more breaks, providing modified seating or allowances, help with manual labor, modifying work schedules, allowing flexible scheduling for prenatal visits, temporary transfer to a vacant position, job restructuring, light duty, or time off. Employers may not require an employee to take leave if another accommodation can be provided. Employers may require an employee to provide a certification from a doctor supporting an accommodation involving transfer, job restructuring, light duty, or time off.
Yes
A woman affected by pregnancy, childbirth, or a related medical condition must be treated in the same manner as another individual not affected but similar in ability or inability to work for all purposes related to employment, including receipt of a benefit under a fringe benefit program. Each state agency must provide employment discrimination training to its employees. View the state information for a full summary of differences.
Yes
Private employers with 15 or more employees must provide reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions as long as doing so does not cause undue hardship for the employer.
Yes
The state laws do not specifically reference pregnancy discrimination, although the state does have unlawful employment practice statutes for parental and family leave. The federal regulations on pregnancy discrimination would still apply.
Yes
Effective July 1, 2020, employers with five or more employees in the current or preceding calendar year must provide reasonable accommodations to the known limitations of a pregnant employee. Accommodations might include bathroom breaks, lactation breaks, obtaining or modifying equipment, seating, temporary transfer to a less strenuous or hazardous position, help with manual labor, job restructuring, modified work schedule, light duty, and leave to recover from childbirth. Employers need not provide an accommodation that would pose an undue hardship.
Yes
Employers with 15 or more employees must provide reasonable accommodations for pregnant employees when needed. Washington’s law also lists accommodations for which employers may not request medical verification or claim undue hardship under the law, including more frequent/longer restroom breaks, changes to policies regarding eating or drinking during work, access to seating, and lifting restrictions of 17 pounds or less.
West Virginia
Yes
Absent undue hardship, employers with 12 or more employees within the state must make reasonable accommodations for employees with limitations (documented by a health care provider) that stem from pregnancy, childbirth, or related medical conditions.
Yes
“Employer” means the state and each agency of the state and any other person engaging in any activity, enterprise, or business employing at least one individual. “Employer” does not include a social club or fraternal society with respect to a particular job for which the club or society seeks to employ or employs a member, if the particular job is advertised only within the membership.
State law requires employers to treat pregnancy and related conditions the same as other, similar conditions.