Pregnancy Discrimination Laws in Missouri: Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act (PDA), which amended Title VII, clarifies that discrimination based on pregnancy is a form of sex discrimination. Federal law applies to all employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.

The law prohibits discrimination in all terms and conditions of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. Employers must provide the same accommodations to pregnant employees as provided to other employees with temporary disabilities or medical conditions. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates pregnancy discrimination complaints filed as charges.

Federal remedies include back pay, front pay, compensatory damages (for emotional distress and other harm), punitive damages in cases of intentional discrimination, reinstatement, and attorney fees and court costs. Remedies are available only for employers covered by Title VII (15+ employees). The statute of limitations for filing an EEOC charge is 180 days from the discriminatory act in non-deferral states and 300 days in deferral states that have parallel state law.

Missouri Revised Statutes § 213.010 provides state-level protection against pregnancy discrimination that is substantially coequal with federal Title VII protections. Missouri law applies to all employers with 6 or more employees, providing broader coverage than the federal 15-employee threshold. This means Missouri employees working for smaller employers (6-14 employees) have state pregnancy discrimination protections even though they would not be protected under federal Title VII.

Missouri Revised Statutes § 213.010 explicitly prohibits discrimination based on pregnancy, childbirth, or related medical conditions in hiring, firing, promotion, compensation, job training, and other terms and conditions of employment. The state law is substantively equivalent to federal law and does not add unique pregnancy-specific protections beyond the federal standard. However, the lower employer size threshold (6 employees vs. 15 federally) extends protections to more Missouri workers.

Missouri law is not a deferral state, meaning the state does not have a comprehensive civil rights enforcement agency that shares federal enforcement responsibility. Employees must file with the federal EEOC, not a separate state agency. The EEOC applies both federal Title VII and Missouri state law when investigating charges filed in Missouri.

Remedies available under Missouri state law are enforced through the EEOC process and include back pay, front pay, reinstatement, compensatory damages, and attorney fees. The 180-day filing deadline applies (federal standard for non-deferral states). Missouri courts have consistently interpreted § 213.010 to provide protections equivalent to federal law, recognizing that pregnancy discrimination is a form of sex discrimination.

Missouri law does not apply to employers with fewer than 6 employees; however, federal Title VII applies to employers with 15 or more employees. Independent contractors and temporary workers placed through staffing agencies may not qualify as employees depending on the employment relationship and control exercised by the employer.

Pregnancy discrimination law does not require employers to hire unqualified applicants or maintain positions for employees who cannot perform essential job functions. If an employer can demonstrate that a pregnant employee cannot perform the essential functions of the job, even with reasonable accommodation, the employer may lawfully terminate the employee or refuse to hire the applicant. However, the employer must apply this standard uniformly to all employees with similar limitations.

An employer's legitimate, non-discriminatory reason for an adverse employment action can defeat a pregnancy discrimination claim if the employee cannot show the reason was pretextual. For example, if an employer terminates a pregnant employee for repeated tardiness documented in writing before the pregnancy, and the employer has consistently terminated non-pregnant employees for the same violation, the termination may be lawful. The burden then shifts to the employee to demonstrate that the stated reason is false or that pregnancy was a motivating factor.

Union employees may have additional contractual protections or dispute resolution procedures under collective bargaining agreements, but those do not limit statutory pregnancy discrimination protections. Public employees have the same pregnancy discrimination protections as private employees. Pregnancy discrimination claims may be subject to affirmative action plans or diversity hiring programs in limited contexts, though pregnancy-based preferences are uncommon and would face strict scrutiny.

Step 1: Document the discrimination thoroughly and immediately. Keep detailed records of dates, times, locations, and witnesses to any discriminatory statements, decisions, or actions related to your pregnancy. Write down exactly what was said, who said it, and the context. Maintain copies of performance reviews, emails, termination letters, or other written communications. Save evidence of how non-pregnant employees or employees with similar medical conditions were treated differently. Document your job responsibilities, attendance record, and performance before and after the pregnancy announcement. Keep medical documentation of your pregnancy and any pregnancy-related medical conditions if relevant to accommodation requests.

Step 2: Follow your employer's internal complaint procedures if one exists. Review your employee handbook for grievance or complaint procedures. File a written complaint with your HR department or manager's supervisor, clearly describing the discriminatory conduct and referencing pregnancy as the basis. Request a written response and keep copies of all communications. Note the date you filed the complaint and any response received. While internal complaints are not required to preserve legal rights, they create a paper trail and give the employer an opportunity to remedy the situation. Employers often investigate internal complaints, and their findings may be relevant to your EEOC case.

Step 3: File a charge with the U.S. Equal Employment Opportunity Commission (EEOC). Missouri is a non-deferral state, so you file only with the federal EEOC, not a state agency. You have 180 days from the discriminatory act to file. Contact the St. Louis EEOC office by phone at (314) 539-7800 or visit the national EEOC website at www.eeoc.gov to file online or request a form. You can file by mail, in person, phone, or through the EEOC portal. Provide your name, address, phone number, and email; your employer's name and address; the date of the discriminatory act; a detailed description of what happened; witnesses' names if available; and copies of relevant documents. Include the date you first complained to your employer if applicable. Filing a charge does not require an attorney and is free.

Step 4: Participate in the EEOC investigation process. The EEOC will send a copy of your charge to your employer. The employer typically has 10 business days to respond with a written position statement and relevant documents. The EEOC investigator will contact you and may request additional information or documents. You may be asked to provide detailed statements about the discrimination, documents supporting your claim, witness information, and evidence of how you were affected (lost wages, emotional distress, medical expenses). The investigation typically takes 60-120 days, though complex cases may take longer. The EEOC investigator interviews witnesses, reviews documents, and may visit the employer's workplace. At the conclusion of the investigation, the EEOC issues a determination of whether there is reasonable cause to believe discrimination occurred. If reasonable cause is found, the EEOC attempts conciliation (settlement negotiations) before allowing you to proceed to litigation.

Step 5: Consult an employment attorney after filing the charge or if the EEOC determines no reasonable cause. An employment discrimination attorney specializing in Title VII cases can evaluate the strength of your claim, identify additional evidence, represent you in EEOC conciliation, and file a lawsuit in federal district court if necessary. Many employment attorneys work on contingency, meaning they take a percentage of your recovery rather than charging hourly fees. A lawyer can also advise you on whether to negotiate a settlement or proceed to trial. After receiving the EEOC's determination, you have the right to file a lawsuit in federal court regardless of the EEOC's findings. An attorney should be consulted before the 180-day charge filing deadline passes or before accepting any settlement offer.