Workplace discrimination can affect any woman at any level of employment. Recently, prominent women, like Senator Elizabeth Warren and tennis superstar Serena Willams, have shared their own experiences with pregnancy-related discrimination. This problem persists despite advances for women around the globe.

In 2024, the United States Equal Employment and Opportunity Commission (EEOC) received 2,132 pregnancy discrimination charges.1 While these numbers have dropped significantly from the 4,029 charges in 2010, they still indicate the persistent presence of discrimination against women. Many women choose not to report out of fear of retaliation or the overwhelm of addressing such problems. Therefore, these numbers do not demonstrate a cap on this problem but rather the lowest possible number of incidents.

You may be reading this because you are facing some sort of discrimination right now. Or maybe your work environment has you bracing yourself for problems in the future. This five step guide will help you navigate anything from awkward comments to deciding if this is a reportable incident.

Step #1: Know your rights.

If you want to know your workplace rights, you need to first know where they come from.

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964. In doing so, it provided essential guidelines for the equitable treatment of pregnant employees and those employees experiencing pregnancy-associated conditions.

The scope of this law covers hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as leave and health insurance), and any other terms or conditions of employment.2 Your employer cannot use your pregnancy, childbirth, or pregnancy-related condition as reason to discriminate against you.

What is considered pregnancy discrimination?

If you are otherwise qualified for the job and continue to perform well:

• Your employer can’t use your pregnancy or pregnancy-related condition as a reason to demote you or terminate your employment.
• Your employer can’t use stereotypes of pregnancy or an assumption of how your pregnancy may impact your work as a way to limit opportunities.
• Your employer may not deny you assignments because of your pregnancy or pregnancy-related condition.

These laws protect you against harassment from your employer and other employees. They also ensure that you can report complaints without fear of retaliation.3

Keep in mind that these laws are centered around pregnancy and pregnancy-related conditions. Other conditions and circumstances that would be considered under the Pregnancy Discrimination Act include miscarriage, miscarriage management, infertility, and fertility treatments.

However, you are not explicitly protected from family responsibilities discrimination. This is “discrimination in the workplace based on an employee's responsibility, real or perceived, to care for family members.” 4 While you may be able to tie family responsibilities discrimination to such laws as the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act,the Equal Pay Act,and/or the Family and Medical Leave Act,8 it is not guaranteed that you are protected. More information on family responsibilities discrimination can be found here.

Step #2: Recognize and record instances of pregnancy-related discrimination.

Despite extensive legal protections, women continue to experience pregnancy-related discrimination. Why? There are no easy answers, but we can start by helping women recognize what may qualify as a discriminatory offense.

So, how do you know if you are experiencing pregnancy-related discrimination at work?

Pay attention to how your employer and coworkers respond to your pregnancy and notice if your employment conditions change. A simple way to evaluate your situation is to ask yourself these questions:

• Did my employer indicate (implicitly or explicitly) that my pregnancy was the reason for this decision or action?
• What is my past experience with this type of situation? Is this decision consistent with what I experienced prior to pregnancy?
• Would my employer choose this course of action if I was not pregnant?
• Has a similar opportunity been presented to a coworker (who is not pregnant) and with what result?

These questions can help you discern if this situation is actually discrimination based on your pregnancy.

Now keep in mind that discrimination is often implicit rather than explicit. It may come in the form of comments like: “Isn’t it going to be hard to do this job when you’re pregnant?” or “Are you sure you want to work while your baby is in daycare?” appear harmless and even thoughtful at first. However, persistent comments regarding your ability to perform can be a form of discrimination (i.e. pushout) and even harassment.

Often you will need to trust your intuition. Take note of comments and situations that make you feel uncomfortable. Immediately record the situation in writing while it is fresh in your memory.

For advice on whether or not your situation amounts to discrimination, there are helplines available to consult on workplace discrimination cases.

Step #3: File a Complaint

Dealing with such discrimination can feel overwhelming or complicated to go through. You may feel embarrassed, overwhelmed, betrayed, or even enraged because of the interaction. It may be uncomfortable addressing the situation directly because you don’t want to bother anyone or draw attention to yourself. But remember, you don’t deserve to be treated this way and you can do something about it.

Remember: Your employer cannot retaliate against you for addressing a discrimination complaint.

You might be able to address the discriminating comment in the moment. A quick response like “Can you please repeat that?” in a meeting can call to attention an inappropriate statement.

You may choose to email your concerns to your boss or Human Resources representative, rather than addressing them in person. Here are two examples of how you can politely confront your boss about the issue:

Filing a Complaint: Scenario 1

Let’s imagine that your boss, Tom, made a discriminatory comment to you during an all-staff meeting. Imagine he said, “Pregnancy has certainly slowed you down!” This comment critiqued your ability to do your job while pregnant, and he embarrassed you in front of your coworkers. You leave the meeting doubting your ability to perform well and meet expectations.

What do you do about the comment?

After (or even during the meeting), write down the exact quote. This can be on paper, on your phone, or in an email to yourself. This will ensure that you don’t misquote your boss.

After the meeting, take a moment to calm down. Your next step should be writing an email to address the situation. Think through why you are sending the email and what you hope will be done as a result of the communication. When you are ready, write an email similar to this:

[EXAMPLE #1]

The keys to your email are clarity and forthrightness. Don’t apologize because you have done nothing wrong. And don’t walk away from the situation without resolution on the issue.

Email this letter directly to your boss. You can also copy another supervisor or Human Resources representative to help mitigate any tension. Keep a record of the incident and provide accountability for the resolution.

Filing a Complaint: Scenario 2

Imagine that you entered into a meeting with your employer, Jennifer. You are discussing your career advancement in her company, Freedom Consulting LLC. Jennifer informs you that you will no longer be considered for a promotion upon returning from maternity leave. She defends this decision by saying you will not be up-to-date with the team’s progress, and it would be better for your team if you remain in your current position.

Again, we are going to follow the same steps as the first scenario.

• Record the time and date of the meeting.
• Record who was in the room and witnessed the exchange.
• Write down (as best you can remember) any quotes and the context for this discussion

Now, this situation is slightly different because your email is going to need proof that the promotion was previously indicated. In order to prove your case, you need to consider such items as:

• Contractual agreements regarding your career advancement
• Verbal agreements that detailed your promotion
• Any prior email that discussed your career advancement
• Company reports that discuss career advancement paths
• Anecdotal comparisons of other coworkers similar career advancement
• Your performance reports prior to and after your pregnancy announcement

In this situation, the stakes are higher. This was not just a comment and an embarrassing moment. It is your future and your financial security. Addressing this situation promptly and directly will help resolve any future problems you may have at that employer.

Keep in mind that you can address a situation and not reach a resolution. You may need to determine if the situation warrants further action, such as an EEOC complaint. You also may consider whether you want to remain in your current role and with this employer.

To report or not to report?

When faced with subtle comments or blatant pregnancy discrimination, you have a choice about how to respond.

Deciding not to respond

You may choose to NOT report internally (or file an EEOC complaint). You may decide that it is not worth the trouble or you’re willing to work under these conditions. Honestly, many women choose not to report the discrimination they experience. That is an understandable course of action, but know that you do have alternatives.

Internal report

You may report it internally, and nothing happens. (That has happened to me. The individual didn’t even apologize - in person, text, email, nothing - despite being directed to do so and having multiple opportunities.)

Internal report and/or lawsuit

You may choose to address something internally AND push it further with an EEOC complaint and a lawsuit. Pursuing a lawsuit is exhausting, frankly. But depending on the offense, it may be egregious enough to be worth it. A lawsuit also creates a legal precedent nationwide and establishes a firm and legal standard for the company.

Whatever your decision is, know that you deserve respect and equitable treatment as a pregnant employee.

Step #4: Learn about available pregnancy-related accommodations.

Not only are you legally protected from pregnancy discrimination but you are entitled to workplace accommodations for your pregnancy-related conditions. If you are pregnant, or plan to become pregnant, you will need to determine how to request pregnancy-related accommodations. Depending on your work situation, you will probably either make your requests to your boss or your company's HR department.

What accommodations can I ask for?

As a pregnant employee, you are entitled to reasonable accommodations to support your continued participation in the workplace.

These may include:

• More frequent breaks for the restroom, rest, and snacks
• Modified work conditions (such as seated work)
• Assistance with lifting heavier items or with more labor intensive assignments
• Temporary transfer to a job or location with less hazardous work conditions
• Adjusted work schedule (such as part-time work)

Fortunately, this is just a preview of the accommodations available to you.

There are several resources available to provide you with a more thorough understanding of possible accommodation requests. Start with your company’s employee handbook, and look for any policy relating to disability and maternity.

Pregnant@Work provides a helpful list of pregnancy-related conditions and possible accommodation requests. You may also consider reviewing your state’s guidelines.

Talk to coworkers

Experience is a great teacher, and your fellow mom coworkers may be able to guide you through this process. Ask your coworkers how to announce your pregnancy, how to properly request accommodations, and what accommodations were previously granted. You may be able to find out what bosses are more supportive of pregnancy-related accommodation requests. If possible, find a coworker who works in your department, in a similar position, and/or under the same boss.

Step #5: Seek Support and Speak Up

Fortunately, you are not the first or last woman to be pregnant while working. No matter what you are going through, know that you are not alone. You stand proudly beside over 76 million working women, many of whom are also fighting the good fight for better workplace conditions.

When you speak up, you speak up for yourself and for all working mothers. Your confidence in navigating these issues as a working mother can change your workplace for yourself and for future employees.

What’s more, there are programs and resources available to assist you through this experience. You do not have to deal with this on your own.

Reach out to She Might for support

At She Might, we strongly believe that women deserve community support and legal resources when navigating discrimination in the workplace.

If you are experiencing discrimination as a pregnant employee, or you have observed pregnancy discrimination in the workplace, please do not hesitate to reach out. Contact our team at hello@shemight.com for more information about available support and legal resources.