Pregnancy Discrimination Laws in Indiana: Your Rights

The Pregnancy Discrimination Act (PDA), codified at 42 U.S.C. § 2000e(k), prohibits sex discrimination based on pregnancy, childbirth, or related medical conditions. The PDA amended Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) to establish that discrimination based on pregnancy is inherently sex discrimination. Employers covered by Title VII—those with 15 or more employees on the payroll for 20 or more weeks in the current or preceding calendar year—cannot make hiring, firing, promotion, compensation, or job assignment decisions based on pregnancy status.

The PDA requires employers to treat pregnant employees the same as other employees with similar abilities or inabilities to work. If an employer provides leave, modifications, or accommodations for other temporary conditions, pregnant employees must receive the same treatment. The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) may also require reasonable accommodations if pregnancy-related conditions cause substantial limitations to major life activities. The EEOC enforces the PDA and Title VII. Remedies available federally include back pay, front pay, compensatory damages for emotional distress, and attorney fees and costs.

Indiana Code § 22-9-2-2 prohibits employers from discriminating against any employee based on pregnancy, childbirth, or related medical conditions. This state law applies to employers with 6 or more employees—a lower threshold than federal Title VII, which covers only employers with 15 or more employees. Indiana's law is therefore broader in coverage and applies to many small employers excluded from federal protection.

Under Indiana law, discrimination includes adverse employment decisions such as hiring, firing, promotion, demotion, compensation changes, or assignment of work duties based on pregnancy or pregnancy-related status. The statute explicitly requires that pregnant employees be treated no differently than other employees with similar ability or inability to work. Indiana also requires employers to provide reasonable accommodations for pregnancy-related conditions when medically necessary, and to provide maternity leave when medically appropriate—this is codified separately but operates in conjunction with the anti-discrimination statute.

Indiana's law is substantively similar to federal law on discrimination but extends protection to smaller employers. Indiana does not have a separate pregnancy-specific reasonable accommodation statute beyond the general anti-discrimination requirement, meaning accommodations are analyzed under the same framework as other conditions. State law remedies under the Indiana Civil Rights Act include back pay, front pay, compensatory damages for emotional distress and humiliation, punitive damages where discrimination is reckless or intentional, and attorney fees and costs. The Indiana Civil Rights Commission (ICRC) enforces state pregnancy discrimination claims, though concurrent federal claims proceed through the EEOC.

Employer coverage threshold: 6 or more employees under Indiana law (vs. 15+ federally under Title VII).

Filing deadline: 180 days from the discriminatory act to file an EEOC charge in Indiana (non-deferral state for federal claims).

Alternatively, file with the Indiana Civil Rights Commission (ICRC) with no specific state deadline, but filing with ICRC may toll the federal 180-day deadline.

Statute of limitations for state law claims: Generally 4 years from the date of the discriminatory act under Indiana's contract/tort framework, though procedurally tied to administrative filing timelines.

Pregnancy-related leave: Indiana law requires up to 8 weeks unpaid maternity leave for medically necessary pregnancy-related conditions (Indiana Code § 22-2-16-2).

Pregnancy discrimination protections in Indiana do not apply to employers with fewer than 6 employees, though federal protections (if applicable) require 15+ employees. Therefore, employees of businesses with 6-14 employees may have only state protection, not federal.

The discrimination must be based on pregnancy, childbirth, or related medical conditions—not performance issues, conduct problems, or unrelated reasons for termination. An employer may legally terminate a pregnant employee for legitimate non-discriminatory reasons, such as poor performance, misconduct, economic layoff, or elimination of the position, provided the decision is not motivated by pregnancy status or applied differently to pregnant employees than similarly situated non-pregnant employees.

Pregnancy discrimination claims are subject to the defense of business necessity and legitimate business reasons. If an employer articulates a legitimate, non-discriminatory reason for an adverse employment action, and the employee cannot show the reason is pretextual (a cover for discrimination), the employer may not be liable. For example, if a pregnant employee is terminated during an across-the-board layoff applied uniformly to all employees regardless of pregnancy status, this may constitute a lawful business decision.

At-will employment remains the default rule in Indiana; employers may terminate employees for any reason or no reason, provided it is not based on a protected characteristic like pregnancy. Pregnancy discrimination claims therefore require evidence that pregnancy was a motivating factor or at least part of the reason for the adverse action, not merely that the employee was pregnant at the time of termination.

Union employees and employees covered by collective bargaining agreements may have additional protections negotiated in their contracts, but union status does not exempt employers from pregnancy discrimination laws.

Step 1: Document Everything. Keep detailed records of all communications related to your pregnancy, accommodations, and any adverse employment actions. Save emails, text messages, performance reviews, and notes of conversations with supervisors or HR, including the date, time, location, and witnesses. Document any derogatory comments about your pregnancy, changes in job duties, denial of accommodations, or disciplinary actions that appear connected to your pregnancy status. Obtain copies of your personnel file, medical certifications, leave request documents, and any denial letters from your employer.

Step 2: Internal Complaint Process. Report the discrimination to your employer's human resources department or your immediate supervisor in writing (email is preferable for a time-stamped record). Describe the discriminatory conduct specifically, including dates and individuals involved, and state clearly that you believe this violates Indiana's pregnancy discrimination law. Request that your employer investigate and remedy the conduct, and keep a copy of this complaint. Many employers have internal grievance procedures; follow them, as doing so may strengthen your case and is sometimes required before filing external complaints. However, do not delay external filing while waiting for an internal response if the deadline approaches.

Step 3: File a Charge with the EEOC or ICRC. If your employer has 15+ employees, file a charge with the Equal Employment Opportunity Commission (EEOC). In Indiana, you have 180 days from the discriminatory act to file. You may file online at www.eeoc.gov, by mail to the EEOC Indianapolis Area Office (101 W Ohio St, Suite 1100, Indianapolis, IN 46204), or by phone at 1-800-669-4000. Alternatively, or in addition, file with the Indiana Civil Rights Commission (ICRC) if your employer has 6+ employees. The ICRC filing portal is available at www.in.gov/icrc/, and you can file by mail, email, or in person. Provide your name, contact information, employer's name and address, date of birth, detailed description of the discriminatory conduct, specific dates, names of witnesses, and what remedy you seek (reinstatement, back pay, damages). Filing with ICRC does not replace federal filing; dual filing is permitted and recommended.

Step 4: Investigation Process. After filing, the EEOC or ICRC will assign an investigator to contact both you and your employer. Expect to be interviewed about the details of your complaint, your job duties, and the discriminatory conduct. The investigator will request documents from your employer, including your personnel file, performance reviews, emails, leave records, and evidence regarding how similarly situated non-pregnant employees were treated. This investigation typically takes 60-90 days but can extend longer if complex issues arise. You will be notified of the investigation's outcome via a letter indicating whether the agency found reasonable cause to believe discrimination occurred. If reasonable cause is found, the agency may attempt to conciliate (negotiate a settlement) between you and your employer.

Step 5: Consult an Attorney. Contact an employment law attorney specializing in discrimination if the EEOC or ICRC investigation concludes, regardless of the outcome. If the agency finds no reasonable cause, you have 90 days from the determination to file a civil lawsuit in federal district court. If reasonable cause is found but conciliation fails, you have the right to sue. An employment discrimination attorney can evaluate the strength of your case, advise on settlement negotiations, represent you in litigation, and help you recover damages. Many employment attorneys work on contingency for discrimination cases, meaning you pay no upfront fees but the attorney receives a percentage of any recovery. Time is critical; do not delay consulting an attorney near the deadlines for appeals or litigation.