What Are the Laws that Protect Pregnant Workers’ Rights in Washington D.C.?

Pregnant workers in the nation’s capital are entitled to several important protections under Washington, D.C., and federal law. Unfortunately, violations of these protections are not uncommon. As a result, if you believe that your rights have been violated, you are right to be concerned, and you should consult with an experienced Washington DC pregnancy discrimination lawyer about the options you have available.

Laws that Protect Pregnant Employees in Washington D.C.

Protections for pregnant workers in Washington D.C. exist at the state and local levels. Depending on your individual circumstances, if you are a victim of pregnancy discrimination in the workplace, you may have grounds to take legal action under one (or more) of the following:

Washington D.C. Human Rights Act (DCHRA)

The Washington D.C. Human Rights Act (DCHRA) is the District’s primary anti-discrimination law. It applies to all employers regardless of size, and it identifies 23 protected traits that employers are prohibited from considering when making employment-related decisions.

In the employment text, pregnancy discrimination is prohibited as a form of discrimination based on marital status. The law defines “marital status” as “married, in a domestic partnership, single, divorced, separated or widowed, and the usual conditions associated therewith, including pregnancy or parenthood.” As a result, if you have experienced any form of discrimination related to your pregnancy or parenthood, you may have a claim under the DCHRA.

Washington D.C. Protecting Pregnant Workers Fairness Act (PPWFA)

The Washington D.C. Protecting Pregnant Workers Fairness Act (PPWFA) requires employers in the District to provide reasonable pregnancy-related accommodations to employees who need them. Specifically, employers must provide reasonable accommodations to employees, “whose ability to perform job duties is limited because of pregnancy, childbirth, breastfeeding, or a related medical condition.” Some examples of accommodations that employers may be required to provide to pregnant workers include:

• Time off to recover from childbirth
• Longer or more frequent breaks
• Modified workspaces
• Modified job duties
• A “private (non-bathroom) space” for expressing breast milk

In many cases, DCHRA and PPWFA violations go hand in hand. Our lawyers can provide a comprehensive assessment of your legal rights and pursue all appropriate claims on your behalf.

Title VII of the Civil Rights Act of 1964 (Title VII)

As amended by the Pregnancy Discrimination Act (PDA), Title VII of the Civil Rights Act of 1964 (Title VII) prohibits pregnancy discrimination as a form of sex-based discrimination. Title VII applies to employers with 15 or more employees. Under Title VII, covered employers are prohibited from making employment-related decisions based on:

• Potential, current, or past pregnancy
• Any medical condition related to pregnancy or childbirth (including breastfeeding)
• An employee’s decisions regarding birth control and abortion

As discussed in greater detail below, filing a claim under Title VII involves submitting a charge of discrimination to the U.S. Equal Employment Opportunity Commission (EEOC). Due to the complexity (and importance) of the process, engaging an experienced Washington DC pregnancy discrimination lawyer is strongly recommended.

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) is a federal statute similar in scope to Washington, D.C.’s PPWFA. It requires covered employers to provide reasonable accommodations to employees who need them, unless doing so would cause “undue hardship.”

As the EEOC explains, the PWFA covers employees who have “known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.” It defines “undue hardship” as “significant difficulty or expense,” and what constitutes an undue hardship for some employers will not constitute an undue hardship for others. With that said, it is not uncommon for employers to falsely claim undue hardships under the PWFA, and challenging these claims will be key to successfully pursuing remedies in many cases.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prohibits disability-based discrimination, and it requires covered employers to provide reasonable accommodations to employees with disabilities (unless doing so would cause undue hardship). Although pregnancy does not constitute a disability under the ADA, various pregnancy-related medical conditions may qualify pregnant workers for the ADA’s protections.

While the protections afforded by the PWFA and the ADA overlap in many cases, there are various conditions that may entitle pregnant workers (or formerly pregnant workers) to protections under one of these laws but not the other. Here, too, an experienced Washington, D.C., pregnancy discrimination lawyer can help you understand your legal rights and take appropriate legal action if warranted.

Taking Legal Action as a Victim of Pregnancy Discrimination in Washington D.C.

If you have a pregnancy discrimination claim in Washington, D.C., the steps you need to take depend on the law (or laws) that protect you. With this in mind, taking legal action will generally involve one of the following:

• Filing a Complaint with the Washington D.C. Office of Human Rights (OHR) – If you have a pregnancy discrimination claim under the DCHRA or PPWFA, you can file a complaint with the Washington D.C. Office of Human Rights (OHR). Once you file, the OHR will review your complaint and determine if an investigation is warranted.
• Filing a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) – If you have a pregnancy discrimination claim under Title VII, the PWFA, or the ADA, you will need to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). Similar to the OHR, the EEOC will assess your claim before deciding whether further action is warranted.
• Filing a Pregnancy Discrimination Lawsuit in Court – If you have a claim under the DCHRA or the PWFA, you also have the option of filing a pregnancy discrimination lawsuit in court. If you have a claim under Title VII, the PWFA, or the ADA, you must go through the EEOC process before pursuing litigation.

Schedule a Call with an Experienced Washington D.C. Pregnancy Discrimination Lawyer

If you need more information about your legal rights as a pregnant worker in Washington, D.C., we invite you to get in touch. To schedule a call with an experienced Washington DC pregnancy discrimination lawyer, call us at 410-514-6099 or contact us confidentially online today.