Federal Statutes	29 U.S.C. § 2601(b)(2) 5 U.S.C. § 6382 42 U.S.C. § 2000(gg) 42 U.S.C. § 2000e(k) 42 U.S.C. § 1981 29 C.F.R. § 1614.101 et seq. 29 U.S.C.S. § 218(d)
Federal Employees	5 U.S.C. § 6382
D.C. Statutes	D.C. Code § 32–1231.02 D.C. Code § 32–502 D.C. Code § 2–1401.05
D.C. Government Employees	4 D.C.M.R. §§ 100-199
Maryland Statutes	Md. State Government Code Ann. § 20-606
Virginia Statutes	Va. Code Ann. § 2.2-3900 et seq.

This chapter consolidates applicable federal, D.C., and state laws that provide protections for pregnant workers. These laws protect pregnant workers from discrimination in the workplace, allow for reasonable accommodations, prevent retaliation, and provide various remedies with federal and state administrative agencies. Many of these laws work to supplement each other. For example, a pregnant worker in Maryland who has only worked for an employer for 6 months is ineligible for leave under the federal Family and Medical Leave Act, but would be eligible for a leave as a reasonable accommodation under the Pregnant Workers Fairness Act.

As of June 27, 2023, pregnant workers are protected under federal law from employment discrimination on the basis of pregnancy, childbirth, or medical conditions relating to either.  Two federal laws, the Pregnant Workers’ Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, now strengthen protections for pregnant workers in need of reasonable workplace accommodations relating to pregnancy, childbirth, breastfeeding, and related medical conditions.  Other long-standing federal and D.C./state laws further protect pregnant workers from discrimination, wrongful termination, and more, while the newly enacted PWFA and PUMP Act specifically protect access to reasonable accommodations for pregnant workers.

Title VII, Civil Rights Act of 1964 (Pregnancy Discrimination Act)

Title VII of the Civil Rights Act of 1964 protects individuals from discrimination on the basis of race, color, religion, sex, or national origin.  See 42 U.S.C. § 2000e-2.  In 1978, Title VII was amended in the Pregnancy Discrimination Act to clarify that sex discrimination includes discrimination on the basis of pregnancy, childbirth, and related medical conditions. Id. at § 2000e(k).

Title VII allows for both disparate impact and disparate treatment theories of liability.  Title VII covers employers with 15 or more employees (for each working day in each of 20 calendar weeks in the current or preceding calendar year).  See 42 U.S.C. § 2000e(b).  It also covers employment agencies that discriminate in many areas of the referral process, including job advertisements, employment counseling, and job referrals.  Labor unions operating or maintaining a hiring hall or having 15 or more members, and are recognized under the National Labor Relations Act or are recognized as the complaining worker’s representative, also are covered.  See 42 U.S.C. § 2000e(c), (e).

For more information, see the Discrimination chapter of this Manual.

Pregnancy Discrimination Act

Under the Pregnancy Discrimination Act, an employer used to be required to treat pregnancy the same way that the employer treated other temporary disabilities, such as a broken leg.  However, the PUMP Act and the Pregnant Workers’ Fairness Act strengthen protections for pregnant people in the workplace.

Under this trifecta of federal laws, an employer cannot force a pregnant employee on leave to use vacation benefits before receiving sick leave pay or disability payments unless the employer imposes a similar requirement on all employees with temporary disabilities.  In Young v. United Parcel Service, 135 S.Ct. 1338 (2015), the Supreme Court found that the Pregnancy Discrimination Act requires courts to consider the extent to which an employer’s policy treats pregnancy workers less favorably than it treats nonpregnant workers similar in their ability or inability to work.  However, the recently enacted federal Pregnant Workers’ Fairness Act goes further and requires covered employers to reasonably accommodate pregnant workers—regardless of how the employer treats workers physically constrained in similar ways—unless doing so would cause the employer undue hardship.

To learn more about workplace protections and rights for people who have recently given birth, see the D.C.-, Maryland-, and Virginia-specific sections of this chapter below.

The Pregnant Workers’ Fairness Act

The Pregnant Workers’ Fairness Act (PWFA) is a federal law that requires covered employers to grant pregnant workers reasonable accommodations—regardless of how the employer treats workers physically constrained in similar ways—to maintain a healthy pregnancy unless doing so would cause the employer undue hardship. 42 U.S.C. § 2000gg-1.   The law went into effect on June 27, 2023.  Covered employers include private and public sector employers with at least 15 employees, Congress, federal agencies, and labor organizations. The PWFA is modeled after the ADA’s reasonable accommodation process. 42 U.S.C. § 2000gg-1(7).

What kinds of circumstances qualify a pregnant worker to receive accommodations in the workplace?

Although the statute does not explicitly list the specific health statuses that trigger the protections of the PWFA, the statute requires covered employers to accommodate requests relating to any physical or mental condition related to, arising out of, or affected by pregnancy, childbirth, or related medical conditions (unless, of course, doing so would cause the employer undue hardship). 42 U.S.C. § 2000gg-1.

What kinds of accommodations can a pregnant worker receive under the PWFA?

Examples of PWFA-covered accommodations for pregnant workers include, but are not limited to:

• Permission to carry a bottle of water;
• More frequent or longer breaks, e.g. additional time for bathroom breaks;
• The acquisition or modification of equipment or seating;
• Seating accommodations for jobs that may require standing for long stretches of time;
• Taking leave or time off to recover from childbirth;
• The temporary transfer to a less strenuous or hazardous position or other job restructuring such as providing light duty or a modified work schedule;
• Having the employee refrain from heavy lifting;
• Relocating the employee’s work area;
• Providing private non-bathroom space for expressing breast milk; or
• Time off due to pre-birth complications.

What kind of accommodations for pregnant workers might impose an “undue hardship” on an employer?

An employer will be required to show that the accommodation requested by a pregnant employee would cause significant difficulty or expense. If the employer demonstrates this, they will not be required to accommodate the employee. However, this is a high bar for the employer to meet.

What are the causes of action under the PWFA?

A pregnant worker may sue their employer under the PWFA if the employer:

• Requires an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• Denies a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• Requires an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• Retaliates against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or,
• Interferes with any individual’s rights under the PWFA.

What are the remedies under the PWFA?

The remedies and enforcement provisions of the PWFA are modeled after Title VII. 42 U.S.C. § 2000gg-2. Workers alleging violations of the PWFA must file a complaint with the Equal Employment Opportunity Commission. For more on this process, see the Procedures for Filing Complaints of Discrimination section of the Discrimination chapter of this Manual.

The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act

What protections does the PUMP Act afford nursing workers?

Passed in 2022, the PUMP for Nursing Mothers Act (“PUMP Act”) amended the 2010 Break Time for Nursing Mothers law, which requires employers to provide reasonable break time and a private, non-bathroom space for lactating employees to pump milk during the workday. The PUMP Act closes some of the loopholes in the original law. Importantly, all employers are required to provide a reasonable amount of break time and a clean, private space for lactating workers for up to one year following the birth of an employee’s child and regardless of the employee’s gender identity.  The law went into effect on December 29, 2022.

Although employers with fewer than 50 employees are still covered by the PUMP Act, they may be excused from complying if doing so would impose an “undue hardship” on the employer (e.g., significant difficulty or expense). However, this is very rare and, in most situations, employers of all sizes will be required to provide the break time and space for lactating workers. Moreover, D.C., Maryland, and Virginia employees may have additional rights to receive break time, space, and modifications at work for lactation under other federal and state laws. These laws are discussed in more detail below.

The PUMP Act:

• Expands the legal right to receive pumping breaks and private space for people across industries, including teachers, nurses, farmworkers, and more;
• Establishes an employee’s right to file a lawsuit against an employer for violating the law for monetary remedies;
• Clarifies that pumping time counts as time worked when calculating minimum wage and overtime if an employee is not completely relieved from their work duties during a pumping break; and,
• Legally protects employees from employer retaliation.

Who is protected under the PUMP Act?

Nearly all workers are covered by the PUMP Act, including teachers, farmworkers, nurses, and more. However, there are two exceptions: rail carrier/motorcoach employees and flight attendants/pilots.

Rail Carrier/Motorcoach Employee Exception

Though rail carriers and motorcoach service employers are covered by the PUMP Act, there are some differences between protections for these employees and others. For members of train crews involved in the movement of a locomotive or rolling stock, rail carrier employees who maintain the right of way, and employees involved in the movement of a motorcoach, the law goes into effect on December 29, 2025. Additionally, employers are not required to provide accommodations that would require “significant expense” (e.g., adding more crewmembers or altering the layout of the train). However, installing a curtain or screening device would be a reasonable accommodation within the meaning of the PUMP Act. Employers are also not required to take actions that would create unsafe conditions.

Airline Flight Crewmember Exception

Flight attendants and pilots are not covered under the PUMP Act. However, airline employees who are not crewmembers are covered and have the same right to lactation break time in a private non-bathroom space. Moreover, the federal Pregnant Workers’ Fairness Act may afford flight attendants and pilots reasonable accommodations for lactation breaks.

What are the main causes of action under the PUMP Act?

An employee may file a lawsuit against their employer under the PUMP Act if the employer (1) violates the break time requirement for lactating workers, (2) indicates it has no intention of providing private space for pumping, or (3) an employee has been fired for requesting break time or space. Importantly, for an employee to have a viable claim against their employer for failing to provide a private, non-bathroom lactation space, an employee must notify their employer that an adequate space has not been provided. The employee must do so at least 10 days before filing a lawsuit in court. The employee need not file a complaint with the U.S. Department of Labor before filing a lawsuit.

To learn more, visit abetterbalance.org/resources/pump-for-nursing-mothers-act-explainer.

The Family Medical Leave Act

The Family Medical Leave Act (FMLA) is a federal law that requires private employers with 50 or more employees within a 75-mile radius to provide up to 12 weeks of unpaid, job-guaranteed leave every 12 months to qualified employees in certain instances.

Under the FMLA, any period of incapacity due to pregnancy, or for prenatal care, is a serious health condition for the purposes of the FMLA, regardless of whether the pregnant individual has visited a health-care provider.  See C.F.R. §825.115(b). Thus, the termination of employment because of pregnancy may create a claim under the FMLA. See 29 U.S.C. § 2612(a)(1)(A).

 To be eligible for FMLA benefits, a worker must have been employed by the same employer from whom the leave is requested for at least 12 months before the request for leave, and the employee must have worked at least 1,250 hours during the 12 months prior to the request for leave (average of 24 hours per week).  See 29 U.S.C. § 2611(2)(A).  The 12 months an employee must have been employed need not be consecutive months, but the 12 total months of previous employment must have occurred within seven years preceding the leave.  See 29 C.F.R. §825.110(b).

For additional information about the eligibility requirements for federal FMLA benefits, see the Family and Medical Leave chapter of this Manual.

Federal Employees Paid Parental Leave Act

Under the Federal Employees Paid Parental Leave Act (FEPLA), federal employees who have completed at least 12 months of federal services are eligible to take up to 12 weeks of paid parental leave in connection with the birth of a child.  5 U.S.C. § 6382.

Paid parental leave may only be used during the 12-month period immediately following the birth or placement of a federal employee’s child. Federal employees must agree in writing to subsequently work for the applicable employing agency for at least 12 weeks, beginning on the first scheduled workday after paid parental leave concludes.

D.C. Family and Medical Leave Act

D.C. law permits eligible employees working for covered employers (20 or more employees) to take up to 16 weeks of job-protected family and medical leave to care for a family member who has a serious health condition.  See D.C. Code § 32-502(a)(4).  And, because the federal FMLA deems any period of incapacity due to pregnancy, or for prenatal care as a serious health condition, D.C. and federal law jointly protect the rights of pregnant workers needing to take family or medical leave.  See C.F.R. §825.115(b).

Furthermore, under the D.C. Family and Medical Leave Act (DCFMLA), employees may also take family and medical leave to bond with a newborn.  The leave must be taken within 12 months of the birth of the baby.  See D.C. Code §§ 32-502(a), (b); 29 U.S.C. §§ 2612(a)(1)(a), (b).

For additional information about the eligibility requirements for D.C. FMLA benefits, see the Family and Medical Leave chapter of this Manual.

D.C. Paid Family Leave Act

The D.C. Paid Family Leave Act (PFLA) prohibits employers from retaliating against employees who apply for or claim benefits under the Act.  However, it does not provide for job protection.  If a pregnant worker’s leave is also covered by the federal FMLA, Pregnant Workers Fairness Act, D.C. FMLA, or the Protecting Pregnant Workers Fairness Act, then job protection would be required under those laws.

Private sector employees in the District who spend more than 50% of their time working in D.C. are eligible for 2 weeks prenatal paid leave and 12 weeks of paid leave to bond with a new child in any given year.

Weekly benefit amounts are based on the employee’s weekly wages and capped at $1,009 per week. Information on how to apply and required forms are available from the DOES Office of Paid Family Leave: https://dcpaidfamilyleave.dc.gov.

For additional information about the eligibility requirements for D.C. Paid Family Leave, see the Family and Medical Leave chapter of this Manual.

D.C. Human Rights Act

The D.C. Human Rights Act (DCHRA), D.C. Code §§ 2-1401.01-1411.06, differs from Title VII in that it applies to all employers, regardless of size.  The 2022 Human Rights Enhancement Act took effect on October 1, 2022, amendments to which now protect independent contractors from employment discrimination, too.

Areas covered under D.C. law, but not federal law, include marital and familial status (including family responsibilities).  Federal government employees cannot bring claims under the DCHRA, but employees of the D.C. government can bring claims under the DCHRA, Title VII, and D.C.’s Protecting Pregnant Workers Fairness Act of 2014.

For additional information about protections under the D.C. Human Rights Act, see the Discrimination chapter of this Manual.

The Protecting Pregnant Workers Fairness Act of 2014

Under the Protecting Pregnant Workers Fairness Act of 2014, D.C. employers are required to provide reasonable workplace accommodations for workers whose ability to perform the functions of a job are affected by pregnancy, childbirth, a related medical condition, or breast-feeding.  D.C. Code § 32-1231.01.  Under the Protecting Pregnant Workers Fairness Act of 2014, D.C. employers are required to provide reasonable workplace accommodations for workers whose ability to perform the functions of a job are affected by pregnancy, childbirth, a related medical condition, or breastfeeding.  D.C. Code § 32-1231.01.

In certain, fact-specific circumstances, an employer may grant a pregnant worker additional leave, beyond that allotted under the federal FMLA or D.C. FMLA, as a reasonable accommodation under the Protecting Pregnant Workers Fairness Act.

The law specifically outlines examples of reasonable accommodations:

• More frequent or longer breaks;
• Time off to recover from childbirth;
• Purchasing or modification of equipment or seating;
• Temporary transfer to a less strenuous or hazardous position, or light duty, or a modified work schedule;
• Having the employee refrain from heavy lifting;
• Relocating the employee’s work area; and,
• Providing private (non-bathroom) space for expressing breast milk.

Undue hardship: Any action that requires significant difficulty in the operation of the employer’s business or significant expense on the behalf of the employer when considered in relation to factors such as the size of the business, its financial resources, and the nature and structure of its operation.  See D.C. Code §§ 32-1231.02(A)-(H).

Filing a Complaint under the Protecting Pregnant Workers Fairness Act of 2014

If an employer has wrongfully denied a pregnant worker a reasonable accommodation or has discriminated against a worker because of pregnancy, childbirth, the need to breastfeed or a related medical condition, the worker can file a claim with the D.C. Office of Human Rights, or in court within three years of the violation. D.C. Code § 32- 1231.09.

To file a complaint:

• Online at https://ohr.dc.gov/service/file-discrimination-complaint; or,
• In-Person at 441 4th Street NW, Suite 570N, Washington, C. 20001

Cases can also be initiated through the Department of Employment Services (DOES), and DOES and OHR are currently sharing responsibilities for these cases (as of fall 2016). OHR will handle a mediation/investigation, but if the case is not resolved, DOES will conduct an administrative hearing.

For more information on this law, see the D.C. law section of the Discrimination chapter of this Manual. Additional information regarding these protections can be found at: https://ohr.dc.gov/sites/default/files/dc/sites/ohr/publication/attachments/OHR%20Enforcement%20guidance%20-%20PPWFA_92517.pdf

Unemployment Benefits for Voluntary Resignation & Quitting Relating to Pregnancy

A worker who voluntarily separates from his or her job without good cause connected to the work is not eligible for unemployment compensation.  See D.C. Code § 51-110(a); 7 DCMR § 311.  Courts have found resignations due to non-work-related health problems, including pregnancy, to be without good cause.  By statute, pregnancy is treated like any other reason for leaving a job.  See D.C. Code § 51-110(h); 7 DCMR § 311.11.  There is no presumption that a pregnant person is physically unable to work.

Example: A pregnant claimant who left her work as a security officer voluntarily because the equipment she was required to wear pressed on her stomach and made her sick was ineligible for benefits because she resigned for “personal reasons” not “connected with the work.”  Nothing in the work itself gave the claimant cause for leaving, and her pregnancy could not be deemed a “work-related” illness, nor does the D.C. Code permit a presumption that a pregnant individual is physically unable to work.  Because claimant presented no medical evidence and made no effort to seek a transfer to a different position to accommodate her condition, the court found no basis for concluding that the board’s denial of benefits did not have substantial support in the evidence.  See Brooks v. DOES, 453 A.2d 812 (D.C. 1982).

Requirements While Receiving Benefits

Unemployment compensation claimants who are pregnant must be physically able to work, available for work, and actively seeking employment.  A worker who leaves their job due to pregnancy is not eligible for unemployment compensation because there is no presumption that a person is unavailable for work because they are pregnant, even when the pregnancy was at issue with respect to the reason for unemployment.  See D.C. Code §§ 51-110(h), 51-109(1)-(4).

Maryland Fair Employment Practices Act (FEPA)

Maryland’s Fair Employment Practices Act (FEPA) protects workers from employment discrimination on the basis of various identities and attributes, including any disabilities due to pregnancy or childbirth. See Md. Ann. Code, State Govt. § 20-609.

FEPA applies to private employers, public employers, labor organizations, and joint labor-management training committees. Id. at § 20-601. Employers must have more than 15 employees each day for more than twenty weeks to be held accountable under FEPA. Id. at § 20-601.

As of October 2019, Maryland’s anti-discrimination protections extend to independent contractors as well. Id. at § 20-601. Maryland courts have yet to address and interpret new protections for independent contractors. Employees can file a complaint for unlawful employment harassment against employers with 1 or more employee. Id. at § 20-601(d).

For additional information about protections under Maryland’s anti-discrimination laws, see the Discrimination chapter of this Manual.

The Virginia Human Rights Act

 

The Virginia Human Rights Act contains expanded protections relating to pregnancy, childbirth and related medical conditions, and lactation. Employers with 5 or more employees must provide related reasonable accommodations, without reference to whether they impose an undue hardship on the employer. VA. Code Ann. § 2.2-3909.

 

If an employer has wrongfully denied a reasonable accommodation related to pregnancy, childbirth, the need to breastfeed or a related medical condition, or taken an adverse action against a worker for such the request or use of a reasonable accommodation, the worker can file a lawsuit in court within two years of the violation. Id.

 

Employees are not required to file a complaint with the Division of Human Rights (DHR) before suing for a violation of the PWFA. If they do choose to file a complaint with DHR, they have 90 days after DHR makes a final decision on the complaint to file a lawsuit. An employee who wins a pregnancy accommodation lawsuit can recover damages; equitable relief, such as an order requiring that accommodations be provided; and attorney fees. Id. It should be noted that protections against termination and discrimination on the basis of pregnancy, unrelated to requests for reasonable accommodations, only apply to employers with 15 or more employees under the Virginia Human Rights Act. Va. Code Ann. § 2.2-3905.

 

For additional information about protections under Virginia’s anti-discrimination laws, see the Discrimination chapter of this Manual.

 

Pregnant Workers Fairness Act (PWFA)

 

Workers who are pregnant, recovering from childbirth, nursing, or have a related medical condition, who work at Virginia employers with 5 or more employees have a right to reasonable accommodations, unless the employer can demonstrate that the accommodation would constitute an undue hardship.

 

The law specifically outlines examples of reasonable accommodations:

• Frequent or longer bathroom breaks;
• Breaks to express breast milk;
• Access to a private location other than a bathroom for the expression of breast milk;
• Acquisition or modification of equipment or access to or modification of employee seating;
• Temporary transfer to a less strenuous or hazardous position;
• Assistance with manual labor;
• Job restructuring;
• Modified work schedule;
• Light duty assignments; and,
• Leave to recover from childbirth.

 

Va. Code Ann. § 2.2-3909.

 

If an employer has wrongfully denied a reasonable accommodation related to pregnancy, childbirth, the need to breastfeed or a related medical condition, or taken an adverse action against a worker for such the request or use of a reasonable accommodation, the worker can file a lawsuit in court within two years of the violation. Id. Employees are not required to file a complaint with the Division of Human Rights (DHR) before suing for a violation of the PWFA. If they do choose to file a complaint with DHR, they have 90 days after DHR makes a final decision on the complaint to file a lawsuit. An employee who wins a pregnancy accommodation lawsuit can recover damages; equitable relief, such as an order requiring that accommodations be provided; and attorney fees. Id.

It should be noted that protections against termination and discrimination on the basis of pregnancy, unrelated to requests for reasonable accommodations, only apply to employers with 15 or more employees under the Virginia Human Rights Act. Va. Code Ann. § 2.2-3905.