Pregnancy Discrimination Act (PDA)

Sep 30, 2025 | Employee Classification, Workplace Rights & Benefits

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act. Passed in 1978, it makes it illegal for employers to discriminate against employees or applicants because of pregnancy, childbirth, or related medical conditions.

In practice, the PDA means that pregnancy must be treated like any other temporary medical condition in the workplace. Employers can’t make assumptions about what pregnant employees can or can’t do—and they certainly can’t deny them opportunities because of it.

What the PDA covers

The PDA prohibits discrimination in every stage of employment, including:

  • Hiring and job assignments

  • Promotions and training opportunities

  • Pay and benefits

  • Leave and health insurance

  • Firing or layoffs

It applies to employers with 15 or more employees, including private businesses, governments, and educational institutions.

Examples of unlawful practices

  • Refusing to hire a qualified applicant because she is pregnant

  • Denying promotions or special projects based on assumptions about pregnancy or motherhood

  • Failing to provide the same leave or light-duty options available to employees with other medical conditions

  • Forcing an employee to take leave if she can still perform her job

  • Retaliating against someone for requesting pregnancy-related accommodations

Who enforces the PDA

The Equal Employment Opportunity Commission (EEOC) enforces the PDA. Employees can file a charge of discrimination, and the EEOC may investigate or take legal action if violations are found.

Common mistakes employers make

  • Making assumptions about ability or availability (“She’s pregnant, so she won’t want to travel”)

  • Having inconsistent policies for medical leave—treating pregnancy differently than other conditions

  • Ignoring requests for modified duties or flexible scheduling

  • Asking illegal questions in interviews about pregnancy or family planning

  • Retaliating against employees who speak up about pregnancy-related discrimination

Penalties for violations

Violating the PDA can lead to:

  • Back pay and reinstatement

  • Compensatory and punitive damages

  • Court orders requiring policy changes or accommodations

  • Attorney’s fees and court costs

  • Serious damage to workplace reputation and morale

How to stay compliant

  1. Update hiring practices – Don’t ask questions about pregnancy or family status.

  2. Apply policies consistently – Treat pregnancy the same as other temporary medical conditions.

  3. Train managers – Teach supervisors how to handle accommodation requests fairly.

  4. Document decisions – Keep clear records of promotions, assignments, and leave approvals.

  5. Engage in the interactive process – Work with employees to find reasonable adjustments when needed.

How Kubera HR Solutions can help

At Kubera HR Solutions, we help employers review policies, train managers, and audit workplace practices to ensure compliance with the PDA and other discrimination laws. By building fair, consistent policies, we help businesses reduce risk while supporting their employees during one of the most important times in life.