Pregnancy Discrimination Laws in Pennsylvania: Your Rights

Federal law prohibits pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and the Pregnancy Discrimination Act (PDA) of 1978 (42 U.S.C. § 2000e(k)). The PDA amended Title VII to clarify that discrimination based on pregnancy, childbirth, or related medical conditions constitutes sex discrimination. These laws apply to employers with 15 or more employees. The federal law prohibits adverse employment actions based on pregnancy, including hiring, firing, demotion, denial of benefits, or any other unfavorable treatment.

The Equal Employment Opportunity Commission (EEOC) enforces federal pregnancy discrimination protections. Pregnant employees are entitled to the same treatment as similarly situated non-pregnant employees. If an employer provides reasonable accommodations for other temporary conditions, they must provide similar accommodations for pregnancy-related conditions. Federal remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress, and punitive damages in cases of intentional discrimination, plus attorney fees and costs.

Pennsylvania's Human Relations Act (43 P.S. § 951 et seq.) provides broader protection than federal law in several ways. First, Pennsylvania covers employers with only 4 or more employees, compared to 15 employees under federal Title VII. This means smaller Pennsylvania employers are subject to state anti-discrimination law even if they fall below the federal threshold.

Second, Pennsylvania law explicitly protects against discrimination based on sex, which the courts have interpreted to include pregnancy discrimination. The Pennsylvania Human Relations Commission (PHRC) has consistently held that pregnancy discrimination is unlawful sex discrimination under state law. The PHRC is the primary enforcement agency for pregnancy discrimination complaints in Pennsylvania.

Third, Pennsylvania provides a longer filing deadline: 300 days to file a charge with the PHRC (compared to 180 days federally in non-deferral states). This extended timeline gives workers more opportunity to file complaints. Pennsylvania is a "deferral state," meaning the PHRC has jurisdiction over discrimination claims and the EEOC defers initial processing to the state agency.

Under Pennsylvania law, pregnant employees are protected from adverse employment actions including termination, demotion, denial of promotions, unfavorable schedule changes, and removal from job duties. Employers must provide reasonable accommodations for pregnancy-related conditions unless doing so creates undue hardship. Remedies under Pennsylvania law include back pay, front pay, reinstatement, compensatory damages for emotional distress and future losses, and attorney fees and costs. Pennsylvania courts have awarded substantial damages in pregnancy discrimination cases.

Pennsylvania law contains important exceptions and limitations to pregnancy discrimination protection. First, the protection applies only to employers with 4 or more employees; very small businesses with 3 or fewer employees are exempt from state protection (though federal Title VII still applies to employers with 15+).

Second, employers may take adverse action against a pregnant employee if the action is based on legitimate, non-discriminatory reasons unrelated to pregnancy. The burden shifts to the employer to prove the adverse action would have occurred regardless of pregnancy. For example, termination for documented poor performance unrelated to pregnancy may be lawful, though the employer must prove this reason was the true motivation.

Third, an employer is not required to provide accommodations that would create undue hardship to the business. However, Pennsylvania courts interpret "undue hardship" narrowly; mere inconvenience or increased cost is usually insufficient. The employer must demonstrate substantial increased costs or significant operational disruption.

Fourth, pregnancy discrimination claims do not automatically entitle an employee to leave beyond what is provided to other temporarily disabled employees. However, if an employer provides paid leave for temporary disabilities, they must provide equal treatment for pregnancy-related disabilities.

Fifth, union employees may have additional protections or modified procedures under collective bargaining agreements, though the underlying prohibition on pregnancy discrimination cannot be waived. Finally, if an employee fails to timely file a charge with the PHRC (within 300 days) or the EEOC (within 180-300 days depending on jurisdiction), the claim may be time-barred and unrecoverable.

Step 1: Document Everything. Keep detailed records of all pregnancy-related communications with your employer, including emails, text messages, and contemporaneous notes of conversations. Document performance reviews, disciplinary actions, and any comments about your pregnancy. Save copies of job descriptions, policies, and evidence of how similarly situated non-pregnant employees were treated. Keep records of medical appointments, doctor's notes confirming pregnancy-related conditions, and any requests for accommodation. Preserve paystubs, benefits statements, and any documentation of denied benefits or changes to working conditions after disclosing pregnancy.

Step 2: Internal Complaint Process. Review your employee handbook for any anti-discrimination or grievance procedures. If your employer has an internal complaint process, file a written complaint with Human Resources or the appropriate manager, clearly stating the discriminatory conduct and how it relates to your pregnancy. Keep copies of all internal complaints and responses. Request a written acknowledgment of receipt. This step demonstrates good faith and may preserve evidence, though it is not strictly required before filing an external charge. Some employers may attempt to resolve the issue at this stage. Document any retaliation or adverse changes following your internal complaint.

Step 3: File with the Pennsylvania Human Relations Commission (PHRC). You have 300 days from the discriminatory act to file. Visit the PHRC website at www.phrc.pa.gov or call (717) 787-9780. You may file online, by mail, or in person at PHRC's Harrisburg office. Complete the Verification of Complaint form, providing detailed information about the discrimination, dates, employer name and address, your contact information, and a description of the adverse action. Include the names of witnesses. Indicate whether you also want to file a federal EEOC charge (the PHRC and EEOC have a work-sharing agreement). Filing with the PHRC automatically preserves your right to file federally. The filing fee is waived for individuals. Submit all documentation supporting your claim.

Step 4: PHRC Investigation Process. After filing, the PHRC will notify the employer and conduct an investigation, typically within 90-180 days (though complex cases take longer). The PHRC investigator will contact you for an interview, review employer records, interview witnesses, and examine company policies. You may submit additional evidence and witness statements in writing. The PHRC will issue a "Determination Letter" stating whether probable cause exists that discrimination occurred. If probable cause is found, the PHRC issues a Charge of Discrimination. The employer then has 30 days to respond. If no settlement is reached, the case may proceed to a public hearing before a PHRC administrative law judge. This hearing is formal, evidence is presented, and both sides may be represented by counsel.

Step 5: Consult an Attorney. Contact an employment law attorney experienced in discrimination cases before or immediately after filing with the PHRC. An attorney can assess the strength of your claim, help gather evidence, represent you during investigation and hearing, and negotiate settlement. Many employment lawyers work on contingency (no upfront cost) if the case has merit. Contact the Pennsylvania Bar Association's Lawyer Referral Service at (800) 692-7375 or search www.pabar.org for discrimination attorneys in your area. An attorney is particularly important if the employer contests the claim or if retaliation occurs.