Workers
Sex and pregnancy
Sex
You have the right to protections against discrimination based on your sex. This means that an employer can’t discriminate against you because of your sex or because of stereotypes about your sex (e.g., how you look, dress, or act).
Discrimination can occur when you and the person who discriminated against you share a protected characteristic such as sex.
You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in any protected activity, or oppose harassment or discrimination without being retaliated against by your employer.
You generally have a right to protection from discrimination regardless of your immigration status, although, in some cases, immigration status may limit the remedies that you’ll be able to obtain.
What this means for you
Employers are not allowed to discriminate against you because of:
your sex or
medical information related to your sex.
Examples of discrimination
In general, this means that you cannot be:
fired,
rejected for a job or promotion,
given lesser assignments,
forced to take leave, or
otherwise disciplined because of your sex.
Pregnancy
You have protections against discrimination based on pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Pregnancy discrimination may also occur when an employer has policies or practices that exclude women from particular jobs because they could become pregnant. There are certain protections available if you become pregnant, give birth, or have a medical condition related to pregnancy or childbirth. If you are temporarily unable to perform your job due to a medical condition related to pregnancy or childbirth, your employer must treat you in the same way other temporarily disabled workers would be treated.
Conditions resulting from pregnancy may be considered disabilities, and in such a case, your employer may have to provide you with reasonable accommodations.
Federal law may allow you up to 12 weeks of leave to care for a new child, if you are eligible and your employer is covered under the Family and Medical Leave Act (FMLA). Additionally, some state laws may offer job protection or leave benefits for new parents. To find out more, contact your state department of labor or your employer’s Human Resource office.
You have the right to file a complaint or a Charge of Discrimination, participate in an employment discrimination investigation or lawsuit, engage in any protected activity, or oppose harassment or discrimination without being retaliated against by your employer.
You generally have a right to protection from discrimination regardless of your immigration status, although, in some cases, immigration status may limit the remedies that you’ll be able to obtain.
What this means for you
Employers are not allowed to discriminate against you because:
you are pregnant,
you were pregnant,
you could become pregnant, or intend to become pregnant, or
you have a medical condition that is related to pregnancy.
Examples of discrimination
In general, this means that you cannot be:
fired,
rejected for a job or promotion,
given lesser assignments,
forced to take leave, or
otherwise disciplined because of a pregnancy.
Learn about filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC)
Employers
Sex and Pregnancy
You have the responsibility to ensure nondiscrimination for workers
You must treat job applicants as well as current employees equally, regardless of their sex, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. In general, this means you can’t:
fire, reject for a job or promotion,
give lesser assignments to,
force to take leave, or
otherwise negatively alter the terms and conditions of employment for an individual because of their sex, or
medical information related to their sex,
current or past pregnancy, intention to become pregnant or possibility of becoming pregnant, or
current or past medical condition related to pregnancy or childbirth, which includes having or seeking an abortion.
This means you can’t discriminate against workers because of their sex or because of stereotypes about their sex. Sex stereotyping is harmful, for example, by perpetuating the mistaken view that members of one sex are inherently better qualified or suited for certain kinds of jobs, or that only workers of one sex may need family leave or flexible work arrangements. Employment discrimination may also occur when your seemingly fair policies or procedures have a significant negative impact on people because of their sex without a strong enough business justification.
Pregnancy discrimination is a form of sex discrimination. Illegal pregnancy discrimination may occur when you have policies or practices that exclude women from particular jobs because they are or could become pregnant. It is also unlawful to harass a worker because of pregnancy, childbirth, or a pregnancy-related physical or mental disability.
Federal law requires employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” Also, another federal law may allow your employee up to 12 weeks of leave to care for a new child, if they are eligible and you’re covered as an employer.
Federal law may also offer protections for pregnancy-related impairments that qualify as disabilities.
Employment discrimination may also occur when an employer’s seemingly fair policies or practices have a significant negative impact on people of a certain sex without demonstrating the policies or practices are job-related and consistent with business necessity. And discrimination can occur when an employee and the person discriminating against the employee share a protected characteristic like sex.
Additional Resources
EEOC Information on Legal Rights for Pregnant Workers Under Federal Law
EEOC What You Should Know About the Pregnant Workers Fairness Act
Employment Protections for Workers Who are Pregnant or Nursing
Wage and Hour Division Fact Sheet: Break Time for Nursing Mothers under the FLSA
Enforcement Guidance on Pregnancy Discrimination and Related Issues
Questions? We’re here to help
We are committed to helping you understand your rights as a worker. Many questions about your rights may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:
Family and Medical Leave Act (FMLA) Advisor
For additional assistance, please contact:
For complaints regarding pregnancy-based disabilities: OFCCP: 1-800-397-6251 or the OFCCP Help Desk. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
EEOC: 1-800-669-4000 (ASL Video Phone: 1-844-234-5122), info@eeoc.gov, or use the Public Portal.
Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.