Federal Law

PDA

Pregnancy Discrimination Act

42 U.S.C. § 2000e(k)

Employer Size

15+

Filing Deadline

180 days

Extended Deadline

300 days

Filing Agency

Equal Employment Opportunity Commission

Overview

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Under the PDA, employers must treat pregnant employees the same as other employees who are similar in their ability or inability to work. This means that if an employer provides light duty, alternative assignments, disability leave, or unpaid leave to temporarily disabled employees, it must also provide these accommodations to employees who are temporarily unable to work due to pregnancy. The PDA applies to all aspects of employment, including hiring, firing, pay, job assignments, and benefits.

Key Provisions

  • Amends Title VII to explicitly include pregnancy, childbirth, and related medical conditions as forms of sex discrimination
  • Employers must treat pregnant employees the same as other employees similar in their ability or inability to work
  • Health insurance provided by an employer must cover pregnancy-related conditions on the same terms as other medical conditions
  • Cannot require pregnant employees to take leave if they are able to perform their job duties
  • Applies the same remedies, procedures, and filing deadlines as Title VII

Available Remedies

Back payReinstatement or front payCompensatory damages (emotional distress)Punitive damages (same caps as Title VII)Attorney fees and court costsInjunctive relief

Filing Information

Deadline

180 days from the discriminatory act (300 days in deferral states)

Agency

Equal Employment Opportunity Commission (EEOC)

Eligibility Notes

  • •Employer must have 15 or more employees (same threshold as Title VII)
  • •Covers discrimination based on pregnancy, childbirth, and related medical conditions such as lactation
  • •Pregnant employees must be treated the same as other temporarily disabled employees
  • •Health insurance must cover pregnancy-related conditions on the same basis as other medical conditions

Covers These Situations

discriminationfailure to accommodateretaliationwrongful termination

Protected Characteristics

pregnancychildbirthrelated medical conditions

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.