Pregnancy Accommodation Rights in Indiana: Employer Obligations

Federal law provides multiple layers of pregnancy protection applicable in Indiana. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on pregnancy, childbirth, or related medical conditions by employers with 15 or more employees. The Pregnant Workers Fairness Act (PWFA), 42 U.S.C. § 2000gg, which became effective in June 2023, explicitly requires covered employers (15+ employees) to provide reasonable accommodations for known pregnancy-related physical or mental health conditions unless doing so causes undue hardship to business operations.

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, entitles eligible employees of covered employers (50+ employees) to take up to 12 weeks of unpaid, job-protected leave during a 12-month period for pregnancy and childbirth. Under the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), employers must treat pregnant employees the same as other employees with similar abilities or limitations.

The EEOC enforces Title VII and the PWFA. Reasonable accommodations may include modified work schedules, additional breaks, seating accommodations, leave modifications, or other changes that accommodate pregnancy-related conditions. Employers cannot require pregnant employees to take leave if they are still able to perform their job duties. Federal law covers all employers with the specified employee thresholds, including private, public, and non-profit organizations.

Indiana does not have a separate state statute specifically addressing pregnancy accommodation beyond federal protections. However, Indiana Code § 22-9-2-1, the Indiana Civil Rights Act, prohibits discrimination based on sex, which courts and agencies interpret to include discrimination based on pregnancy, childbirth, or related medical conditions. This state law applies to employers with 6 or more employees—a lower threshold than Title VII's 15-employee requirement.

Indiana's law is neither stronger nor weaker than federal law in substance; rather, it provides overlapping protection with a lower employer size threshold. Under state law, employers with 6-14 employees are covered by Indiana's anti-discrimination protection but not by Title VII. Employers must not discriminate against pregnant employees in hiring, promotion, compensation, job assignment, or termination. Indiana does not mandate paid pregnancy leave, but employers cannot deny unpaid leave opportunities available to similarly situated employees.

Indiana does not provide additional state-specific pregnancy accommodation categories beyond what the FMLA and PWFA require federally. The state does not require employers to provide additional paid leave for pregnancy beyond what they offer for other medical conditions. Remedies under Indiana law include back pay, front pay, reinstatement, compensatory damages, and attorney fees. Employees must file complaints with the Indiana Civil Rights Commission (ICRC) before pursuing state court action. The ICRC processes complaints under state law; federal claims may also be filed with the EEOC simultaneously.

Pregnancy accommodations are not required if providing them causes undue hardship to the employer's business operations—a high legal standard that merely increases costs does not meet this threshold. Employers may deny accommodations only if they substantially increase operational difficulty or expense. Independent contractors are not covered by pregnancy protections; the employer-employee relationship must exist. Employers with fewer than 6 employees are not covered by state law but may still be covered by federal law if they have 15+ employees.

Pregnancy-related conditions that do not prevent the employee from performing job duties do not automatically require accommodation; the employee must have a known condition that limits a major life activity. Employers can lawfully enforce legitimate, non-discriminatory policies applied equally to all employees—for example, requiring advance notice for schedule changes applies to pregnant employees the same as others. Employers need not provide accommodations that are not medically necessary or that conflict with essential job functions.

Union employees may have additional protections or modified procedures under collective bargaining agreements, though the agreement cannot reduce federal or state statutory protections. Employers may require medical certification of pregnancy-related conditions, provided the requirement is applied uniformly to all employees seeking accommodations for medical conditions. Temporary, at-will employment does not eliminate pregnancy protection rights. Employers can still make employment decisions based on legitimate, non-discriminatory reasons; pregnancy discrimination occurs only when pregnancy or pregnancy-related conditions are a motivating factor in the adverse decision.

Step 1: Document Everything. Keep records of all communications with your employer regarding your pregnancy and any requested accommodations—save emails, text messages, and notes of verbal conversations with dates, times, and names of participants. Document your job duties, performance reviews, and any changes in treatment after disclosure of pregnancy. Retain medical records and notes from your healthcare provider about your pregnancy-related condition and any recommended accommodations. Keep copies of any company policies, handbooks, or past accommodation decisions for comparison.

Step 2: Submit Internal Request. Inform your employer in writing (email preferred for documentation) of your pregnancy and any accommodation needed. Be specific: describe the medical condition, the functional limitation it causes, and the requested accommodation (e.g., "frequent bathroom breaks," "modified standing requirements," "flexible start time for morning sickness"). Use the phrase "reasonable accommodation" if possible. Give your employer a reasonable opportunity (typically 5-10 business days) to respond. Document the employer's response and any subsequent conversations. If your employer denies the request, ask for the reason in writing and whether they will reconsider.

Step 3: File Administrative Complaint. If internal resolution fails, file a charge with the EEOC, which has a regional office serving Indiana. Visit www.eeoc.gov/employees or call 1-800-669-4000 to file online or by phone. You must file within 300 days of the alleged violation (Indiana is a deferral state with worksharing). Provide: your name, employer name and address, date of alleged violation, detailed description of what happened, names of witnesses, and copies of supporting documents. Filing with the EEOC automatically refers your case to the Indiana Civil Rights Commission for concurrent investigation. You may also file directly with the ICRC at www.icrc.in.gov or by calling 317-232-2600.

Step 4: Investigation and Response. The EEOC or ICRC will assign an investigator who will contact your employer for a response. Expect this process to take 60-90 days. The investigator may request additional documents from you and conduct interviews. Cooperate fully and provide all requested information promptly. You will receive a determination letter indicating whether reasonable cause exists to believe discrimination occurred. If reasonable cause is found, the agency may attempt conciliation (settlement negotiation). If conciliation fails, the agency issues a right-to-sue letter, which you need to file a lawsuit.

Step 5: Seek Legal Counsel. Consult an employment law attorney immediately if your employer denies accommodations, retaliates against you, or the EEOC/ICRC determination is unfavorable. An attorney can evaluate whether you have a strong case, explain your options (settlement negotiation, lawsuit, appeal), and handle communications with the employer and agency. Many employment attorneys work on contingency, meaning they collect fees only if you win. Request an attorney who specializes in pregnancy discrimination and accommodation law in Indiana. You have 90 days from receipt of the right-to-sue letter to file a federal lawsuit in U.S. District Court.