Pregnancy Discrimination and the PWFA: What Black Women Need to Know in 2025

Pregnancy Discrimination and the PWFA: What Black Women Need to Know in 2025

If you're pregnant and working, you deserve to be treated fairly and have access to reasonable accommodations that allow you to continue working safely. Unfortunately, pregnancy discrimination remains a persistent problem in American workplaces, and Black women face this discrimination at disproportionately high rates.

The statistics are striking: pregnancy discrimination charges filed with the EEOC have increased thirteenfold in recent years"”from 188 cases to 2,729 cases. Even more concerning, Black women filed 28.6% of all pregnancy discrimination charges, despite representing only 14.3% of the female workforce. This means Black women are filing pregnancy discrimination charges at twice the rate of their workforce representation.

The good news is that a new federal law"”the Pregnant Workers Fairness Act (PWFA)"”went into effect in 2023 and provides stronger protections for pregnant workers. This comprehensive guide will help you understand your rights, recognize discrimination, and take action to protect yourself.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats a worker unfavorably because of pregnancy, childbirth, or related medical conditions. This includes discrimination based on:

• Current pregnancy
• Past pregnancy
• Potential or intended pregnancy
• Medical conditions related to pregnancy or childbirth
• Use of contraception
• Having or choosing not to have an abortion
• Breastfeeding or lactation

Common Forms of Pregnancy Discrimination

Pregnancy discrimination can take many forms:

1. Refusal to hire pregnant applicants
2. Termination because of pregnancy or pregnancy-related conditions
3. Denial of promotions or other opportunities due to pregnancy
4. Reduction in hours or forced leave
5. Hostile work environment including harassment about pregnancy
6. Denial of reasonable accommodations for pregnancy-related limitations
7. Retaliation for requesting accommodations or filing complaints
8. Forcing pregnant workers to take leave when they are able and willing to work

Why Are Black Women Disproportionately Affected?

Black women face unique challenges at the intersection of race and gender discrimination, and pregnancy amplifies these vulnerabilities.

The Statistics Tell a Clear Story

• Black women filed 28.6% of pregnancy discrimination charges with the EEOC, despite being only 14.3% of the female workforce
• Black women have the highest labor force participation rate at 61%, meaning more Black women are working and vulnerable to workplace discrimination
• Black mothers are more likely to be primary breadwinners for their families, making job loss due to discrimination particularly devastating
• Black women face compounding discrimination based on both race and gender, which intensifies during pregnancy

Unique Vulnerabilities

Several factors contribute to Black women's heightened vulnerability:

1. Intersectional discrimination: Black women face bias based on both race and gender simultaneously
2. Stereotypes and bias: Racist and sexist stereotypes about Black women's work ethic, family situations, and reliability persist
3. Economic necessity: Higher rates of single motherhood and primary breadwinner status make job security critical
4. Healthcare disparities: Black women face higher rates of pregnancy complications, requiring more accommodations
5. Less job flexibility: Black women are overrepresented in service and hourly jobs with less accommodation flexibility

What Laws Protect Against Pregnancy Discrimination?

Several federal laws provide protection against pregnancy discrimination, and recent legislation has significantly strengthened these protections.

Pregnancy Discrimination Act (PDA)

Enacted in 1978, the Pregnancy Discrimination Act (42 U.S.C. § 2000e(k)) amended Title VII of the Civil Rights Act to explicitly prohibit discrimination based on pregnancy, childbirth, or related medical conditions.

Key protections under the PDA:

• Employers must treat pregnancy the same as other temporary disabilities
• Pregnant workers cannot be fired or refused employment solely because of pregnancy
• If an employer provides accommodations for other temporary disabilities, they must provide them for pregnancy
• Health insurance must cover pregnancy-related expenses the same as other medical conditions

Americans with Disabilities Act (ADA)

While pregnancy itself is not a disability under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), pregnancy-related impairments that substantially limit major life activities may be covered.

Examples of covered conditions:

• Gestational diabetes
• Preeclampsia
• Severe morning sickness (hyperemesis gravidarum)
• Pregnancy-related carpal tunnel syndrome
• Pregnancy-related sciatica
• Complications requiring bed rest

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act, which took effect on June 27, 2023, is a game-changer for pregnant workers. This law requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Key features of the PWFA:

• Covers employers with 15 or more employees
• Requires reasonable accommodations unless they cause undue hardship
• Protects workers from being forced to accept an accommodation they don't want
• Prohibits retaliation for requesting or using accommodations
• Provides a clear framework similar to ADA accommodation requirements

The PWFA fills critical gaps left by the PDA and ADA by requiring accommodations even when pregnancy is not a disability and even when the employer doesn't provide accommodations for other conditions.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (29 U.S.C. § 2601 et seq.) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and bonding with a new child.

FMLA eligibility requirements:

• Employer has 50 or more employees within 75 miles
• Employee has worked for employer for at least 12 months
• Employee has worked at least 1,250 hours in the past 12 months

What Accommodations Can Pregnant Workers Request?

Under the PWFA, pregnant workers can request a wide range of reasonable accommodations. The law is broad and flexible to address diverse needs.

Common Reasonable Accommodations

1. Physical modifications:

   • More frequent or longer breaks
   • Time off for health care appointments
   • Temporary reassignment to lighter duty
   • Assistance with manual labor or lifting
   • Modified work schedules

2. Workspace adjustments:

   • Providing a stool or chair
   • Allowing food and drink at workstations
   • Providing closer parking
   • Modifying equipment or workspace layout

3. Schedule flexibility:

   • Adjusted work hours
   • Part-time schedules
   • Telework or remote work options
   • Temporary leave or time off

4. Lactation accommodations:

   • Break time for pumping breast milk
   • Private space (not a bathroom) for pumping
   • Access to refrigeration for storing milk

5. Medical accommodations:

   • Temporary exemption from certain tasks
   • Additional time off for pregnancy-related medical conditions
   • Flexibility for morning sickness or fatigue

What Is "Undue Hardship"?

An employer can deny an accommodation only if it causes "undue hardship""”significant difficulty or expense considering the employer's size, financial resources, and business nature.

Factors considered:

• Cost of the accommodation
• Employer's financial resources
• Impact on business operations
• Type of business and structure

The standard is high"”minor inconvenience or cost is not undue hardship.

How Do I Request a Pregnancy Accommodation?

Requesting an accommodation doesn't have to be complicated, but it's important to do it properly.

Step-by-Step Guide

1. Identify your needs: Determine what specific accommodations would help you continue working safely
2. Review company policies: Check your employee handbook for accommodation request procedures
3. Make your request: You can request accommodations verbally or in writing (writing is better for documentation)
4. Be specific: Clearly explain what accommodation you need and why
5. Provide medical documentation if requested: Your employer may ask for documentation supporting your need
6. Engage in the interactive process: Work cooperatively with your employer to identify effective accommodations
7. Document everything: Keep copies of all requests, responses, and communications

Sample Accommodation Request

"Dear [Manager/HR],

I am writing to request a reasonable accommodation under the Pregnant Workers Fairness Act. I am currently pregnant and experiencing [specific limitation, e.g., difficulty standing for extended periods].

To continue performing my job duties safely, I am requesting [specific accommodation, e.g., a stool to sit on during my shifts and permission to take additional 5-minute rest breaks every two hours].

I am happy to provide medical documentation if needed and to discuss this accommodation with you. Please let me know the next steps in this process.

Thank you, [Your name]"

What If My Request Is Denied?

If your employer denies your accommodation request:

1. Ask why: Request a clear explanation of why the accommodation would cause undue hardship
2. Propose alternatives: Work with your employer to find alternative accommodations
3. Get it in writing: Request written documentation of the denial and reasoning
4. Document everything: Keep detailed records of all communications
5. Seek legal advice: Consult with an employment attorney about your options
6. File a complaint: You may file a charge with the EEOC

What Should I Do If I Experience Pregnancy Discrimination?

If you believe you're experiencing pregnancy discrimination, take action quickly to protect your rights.

Immediate Steps

1. Document everything:

   • Write down dates, times, and details of discriminatory incidents
   • Save all emails, texts, and written communications
   • Note names of witnesses
   • Keep copies of performance reviews and evaluations
   • Document your accommodation requests and responses

2. Report internally:

   • Follow your company's complaint procedure
   • Report to HR or a supervisor (if they're not the source of discrimination)
   • Make your complaint in writing when possible
   • Keep copies of all complaints and responses

3. Preserve evidence:

   • Don't delete emails or texts
   • Keep all medical documentation
   • Maintain records of your work performance
   • Save copies of company policies

4. Know the deadlines:

   • You generally have 180 days (or 300 days in some states) to file an EEOC charge
   • Don't wait"”file as soon as possible

Filing an EEOC Charge

The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including the PWFA, PDA, and Title VII.

How to File

1. Contact the EEOC:

   • Call: 1-800-669-4000
   • Visit: eeoc.gov
   • Visit an EEOC office in person

2. Provide information:

   • Your contact information
   • Employer's name and contact information
   • Description of the discrimination
   • Dates of discriminatory actions
   • Number of employees (to determine coverage)

3. Participate in the investigation:

   • Respond to EEOC requests for information
   • Provide documentation and evidence
   • Consider mediation if offered

4. Next steps:

   • The EEOC may find reasonable cause and attempt conciliation
   • The EEOC may file a lawsuit on your behalf
   • You may receive a "right to sue" letter allowing you to file your own lawsuit

Filing a Lawsuit

If the EEOC issues a right to sue letter, you have 90 days to file a lawsuit in federal court. You will need an experienced employment discrimination attorney.

What Remedies Are Available for Pregnancy Discrimination?

If you successfully prove pregnancy discrimination, you may be entitled to various forms of relief.

Monetary Damages

• Back pay: Wages and benefits lost due to discrimination
• Front pay: Future lost earnings if you cannot return to your job
• Compensatory damages: For emotional distress, pain and suffering, and other harm
• Punitive damages: To punish particularly egregious discrimination (in some cases)
• Attorney's fees and costs: Reimbursement for legal expenses

Non-Monetary Relief

• Reinstatement: Getting your job back if you were fired
• Promotion: If you were denied advancement due to discrimination
• Policy changes: Requiring the employer to change discriminatory policies
• Training: Mandating anti-discrimination training
• Accommodations: Requiring the employer to provide previously denied accommodations

Damages Caps

Under Title VII and the PWFA, compensatory and punitive damages are capped based on employer size:

• 15-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• 501+ employees: $300,000

Back pay and front pay are not subject to these caps.

What Special Considerations Affect Black Women?

Black women face unique challenges that require specific attention and strategies.

Intersectional Discrimination

Black women may experience discrimination that is specifically because they are Black AND pregnant. This "intersectional discrimination" can be harder to identify and prove but is illegal.

Examples:

• Being treated worse than white pregnant coworkers
• Being subjected to racist stereotypes about Black mothers
• Facing assumptions about family structure or reliability
• Experiencing harsher discipline or scrutiny than other pregnant workers

Healthcare Disparities

Black women experience significant pregnancy-related health disparities:

• Higher rates of maternal mortality: Black women are 3-4 times more likely to die from pregnancy-related causes
• More pregnancy complications: Higher rates of preeclampsia, gestational diabetes, and other conditions
• Greater need for accommodations: Health disparities may require more extensive accommodations

These disparities make workplace accommodations even more critical for Black women's health and safety.

Economic Vulnerability

• Primary breadwinner status: Many Black women are the primary or sole earners for their families
• Less wealth cushion: Systemic economic inequities mean less financial cushion for job loss
• Higher stakes: Job loss due to discrimination can have devastating economic impacts

Cultural Considerations

• "Strong Black woman" stereotype: Pressure to appear invulnerable may discourage requesting accommodations
• Intersectional bias: Employers may hold unconscious biases about Black mothers
• Less benefit of the doubt: Black women may face more skepticism about accommodation needs

What Are Recent EEOC Enforcement Actions?

The EEOC has been active in enforcing pregnancy discrimination protections, including under the new PWFA.

2024 Enforcement Highlights

In fiscal year 2024, the EEOC:

• Secured $700 million for over 21,000 victims of workplace discrimination
• Increased focus on pregnancy discrimination cases
• Issued comprehensive guidance on PWFA implementation
• Conducted outreach and education about new PWFA requirements

Notable Recent Cases

The EEOC has filed numerous lawsuits alleging pregnancy discrimination, including:

• Cases where employers fired pregnant workers instead of providing accommodations
• Cases involving denial of light duty assignments
• Cases where pregnant workers were forced to take unpaid leave
• Cases involving lactation accommodation denials

These cases send a strong message that the EEOC is serious about enforcing pregnancy discrimination protections.

What Practical Tips Can Protect Your Rights?

Here are concrete steps you can take to protect yourself:

Before Pregnancy

1. Know your company's policies: Review parental leave, accommodation, and anti-discrimination policies
2. Document your performance: Build a record of strong performance reviews
3. Understand your benefits: Know what leave and benefits are available
4. Build support networks: Connect with other parents in your workplace

When Pregnant

1. Disclose on your timeline: You generally control when to disclose pregnancy
2. Request accommodations early: Don't wait until problems become severe
3. Put requests in writing: Email is your friend for documentation
4. Know your rights: Familiarize yourself with PWFA, PDA, and FMLA
5. Keep detailed records: Document everything related to your pregnancy and work

If Problems Arise

1. Document immediately: Write down what happened while details are fresh
2. Report promptly: Use internal complaint procedures
3. Preserve evidence: Save all communications and documents
4. Seek support: Talk to trusted colleagues, HR, or employee resource groups
5. Consult an attorney: Get professional legal advice early
6. Don't delay: File EEOC charges within required timeframes

What Resources Are Available?

Government Resources

• EEOC: eeoc.gov | 1-800-669-4000
• Department of Labor: dol.gov (for FMLA and wage issues)
• Oklahoma EEOC Office: Contact information on EEOC website

Legal Resources

• Legal Aid Services: May provide free or low-cost help for qualifying individuals
• Bar Association Referrals: Can help find employment discrimination attorneys
• Private Attorneys: Experienced employment lawyers can provide representation

Support Organizations

• A Better Balance: Provides legal information about workplace rights for pregnant and parenting workers
• National Women's Law Center: Focuses on issues affecting women, including pregnancy discrimination
• National Partnership for Women & Families: Advocates for pregnant workers' rights
• Black Mamas Matter Alliance: Focuses on Black maternal health and advocacy

What Are the Next Steps?

If you're pregnant and working, or planning to become pregnant:

1. Educate yourself: Understanding your rights is the foundation of protecting them
2. Document everything: Start keeping detailed records now
3. Request accommodations proactively: Don't wait until you're in crisis
4. Seek legal advice if needed: Consult an attorney if you experience discrimination
5. Know you're protected: The law is on your side"”you have the right to work while pregnant

Pregnancy discrimination is illegal, and you don't have to tolerate it. The PWFA provides stronger protections than ever before, and the EEOC is actively enforcing these rights. Whether you're experiencing discrimination now or want to be prepared, understanding your legal protections is essential.

Schedule a Consultation

If you're experiencing pregnancy discrimination in Oklahoma, New Horizons Legal can help. Our experienced attorneys understand the unique challenges Black women face in the workplace and are committed to fighting for your rights under the PWFA, PDA, and other anti-discrimination laws.

This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.

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