Pregnancy Discrimination in the Ohio Workplace

Pregnancy discrimination remains one of the most common forms of workplace discrimination. Despite clear legal protections, pregnant employees and new mothers routinely face terminations, demotions, denial of accommodations, and other adverse treatment that would never be directed at a non-pregnant employee in similar circumstances. If you are pregnant, recently gave birth, or are nursing, here is what the law protects and what to do if your employer crosses the line.

The Legal Framework

Several overlapping federal and Ohio laws protect pregnant employees and new mothers in the workplace.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act of 1978 amended Title VII to make clear that discrimination on the basis of pregnancy, childbirth, or related medical conditions is a form of sex discrimination. Under the PDA, employers with 15 or more employees cannot treat a pregnant employee worse than a similarly situated non-pregnant employee. This covers hiring, firing, promotions, job assignments, leave, and virtually every other term and condition of employment.

The Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act took effect on June 27, 2023, and the EEOC's final implementing regulations took effect on June 18, 2024. The PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship.

The PWFA is a substantial expansion of prior law. Before it took effect, pregnant employees seeking accommodations generally had to rely on the Americans with Disabilities Act, which only applies when a condition substantially limits a major life activity, or on Title VII's prohibition against treating pregnant workers worse than similarly limited non-pregnant workers. The PWFA goes further. An employee does not need to show a disability or a comparable non-pregnant worker. A known limitation connected to pregnancy or childbirth is enough.

What counts as a known limitation. Under the EEOC's final regulations, a known limitation can be physical or mental, modest or significant, episodic or continuing. Examples include nausea, fatigue, gestational diabetes, lifting restrictions, the need for more frequent bathroom breaks, postpartum recovery, lactation, miscarriage, and postpartum depression. The condition does not need to rise to the level of an ADA disability. Even temporary or minor limitations qualify.

Examples of accommodations the EEOC has identified as reasonable. Frequent or longer bathroom breaks. Water breaks. The ability to sit if the job requires standing, or stand if the job requires sitting. Modified schedules. Adjusted lifting requirements. Light duty. Time off for prenatal and postnatal medical appointments. Temporary reassignment. Leave for recovery from childbirth or related medical conditions.

The interactive process. Once an employee notifies the employer of a limitation and a need for accommodation, the employer must engage in an interactive process to identify a reasonable accommodation. The employer can deny the accommodation only if it can show undue hardship, which is a significant burden. The employer cannot simply force the employee onto unpaid leave when another reasonable accommodation is available. Leave is one possible accommodation, not the default.

Conditions covered. The EEOC's final regulations cover a broad range of conditions related to pregnancy and childbirth, including lactation, postpartum recovery, miscarriage, stillbirth, and fertility treatments. The regulations also extended coverage to abortion and contraception use, and those provisions have been the subject of ongoing litigation in several jurisdictions, with some courts limiting their enforceability. Employees and employers in Ohio should be aware that the enforceability of the abortion-related provisions specifically continues to evolve.

Filing a charge. PWFA charges are filed with the EEOC and follow the standard Title VII timing rules. In Ohio, that generally means 300 days from the discriminatory act, because Ohio has a fair employment practices agency.

The PUMP Act

The Providing Urgent Maternal Protections for Nursing Mothers Act, known as the PUMP Act, extended and strengthened workplace protections for employees who need to express breast milk. The PUMP Act requires employers to provide reasonable break time for employees to pump breast milk for up to one year after the child's birth, and to provide a private space that is not a bathroom and is shielded from view and free from intrusion. These protections now cover most employees, including many salaried and exempt workers who were previously excluded from similar protections under the FLSA.

Critically, the PUMP Act gives employees the right to sue if their employer denies them pumping time or an adequate private space. Remedies include lost wages, compensatory damages, and in some cases liquidated damages. Employers cannot retaliate against an employee for asserting their rights under the PUMP Act.

Ohio Law

Ohio's Civil Rights Act, codified at R.C. 4112, prohibits pregnancy discrimination by employers with four or more employees, a lower threshold than federal law. This means smaller Ohio employers who fall below the 15-employee cutoff for Title VII and PWFA coverage may still be subject to state law claims. Ohio law also prohibits retaliation against employees who assert their rights under the Civil Rights Act.

What Pregnancy Discrimination Looks Like

Pregnancy discrimination is not always obvious. It rarely comes in the form of a supervisor saying outright that you are being fired because you are pregnant. More often it looks like this:

• Being passed over for a promotion shortly after announcing a pregnancy
• Having job duties reduced or reassigned after disclosing a pregnancy
• Being placed on a performance improvement plan that coincides with a pregnancy announcement
• Being denied a reasonable accommodation for a pregnancy-related limitation while similar accommodations are granted to non-pregnant employees
• Being terminated while on maternity leave or shortly after returning from it
• Being denied pumping breaks or an adequate private space to express milk
• Facing comments or harassment about your pregnancy, weight, or physical appearance

Each of these situations can give rise to a legal claim, even if the employer offers a different stated reason for the adverse action. The question is always whether pregnancy, childbirth, or a related condition was a motivating factor in the employer's decision.

What to Do If Your Rights Are Violated

If you believe you are experiencing pregnancy discrimination or your employer is violating your PUMP Act rights, there are several important steps to take.

Document everything

Keep a contemporaneous record of discriminatory comments, denied requests, and adverse actions. Note the date, who was involved, and what was said or done. Save emails, texts, and any written communications related to your pregnancy, accommodations, or nursing breaks.

Make your accommodation request in writing

Under the PWFA, you have the right to request a reasonable accommodation. Making that request in writing creates a record and starts the interactive process your employer is required to engage in. If your employer ignores or denies your request without engaging in a good faith discussion, that refusal is itself potential evidence of a violation.

Consult an attorney promptly

Deadlines for filing claims are strict. For federal claims under the PDA or PWFA, you generally have 300 days from the discriminatory act to file a charge with the EEOC. Ohio Civil Rights Commission charges carry similar windows. Missing a deadline can permanently bar your claim, so acting quickly matters. Learn more about our employment discrimination practice at Sobel Law Solutions.

The Bottom Line

Pregnant employees and new mothers in Ohio have robust legal protections at both the federal and state level. If your employer has treated you adversely because of your pregnancy, denied you a reasonable accommodation, or failed to provide adequate pumping accommodations, those are not just workplace grievances they are potential legal violations with real remedies. An employment attorney can help you evaluate your situation and decide on the right course of action.