Pregnancy Discrimination Laws in Virginia: Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e, prohibits employment discrimination based on race, color, religion, sex, or national origin. The Pregnancy Discrimination Act of 1978, codified as 42 U.S.C. section 2000e(k), specifically amended Title VII to clarify that discrimination based on pregnancy, childbirth, or related medical conditions constitutes sex discrimination.

Federal law covers employers with 15 or more employees. Under the Pregnancy Discrimination Act, pregnant employees must be treated the same as other employees with similar ability or inability to work. This means an employer cannot fire, demote, reduce pay, or deny benefits to an employee because of pregnancy. If a pregnant employee is temporarily unable to perform her job due to pregnancy-related conditions, the employer must treat her the same as it treats other temporarily disabled employees—offering light duty, leave, or other accommodations.

The EEOC enforces Title VII. Remedies available include back pay, front pay, compensatory damages for emotional distress and harm to reputation, punitive damages (in cases of intentional discrimination), and attorney fees and court costs. Employees can also seek reinstatement or promotion.

Virginia Code section 40.1-28.7 provides broader coverage than federal law. Virginia prohibits discrimination based on pregnancy, childbirth, or any related conditions affecting the ability to work. Critically, Virginia law applies to all employers, regardless of size—meaning even employers with just one employee are covered. This is significantly stronger than Title VII, which only applies to employers with 15 or more employees.

Virginia's statute specifically states that it is unlawful for any employer to refuse to hire, to discharge, or to discriminate in compensation, terms, conditions, or privileges of employment on account of pregnancy or conditions related to pregnancy. The law also protects employees from retaliation if they file a complaint. Virginia Code section 40.1-49.1 establishes the Commission for Human Rights as the enforcement body for employment discrimination claims, though employees can also file federal complaints with the EEOC.

Under Virginia law, pregnant employees have the same rights as other employees with medical conditions. If an employer provides accommodations to employees with temporary disabilities—such as modified duties, leave, or flexible schedules—it must provide the same accommodations to pregnant employees. Virginia does not require employers to provide pregnancy-specific benefits beyond what is offered to other similarly situated employees, but if any employee receives accommodation, a pregnant employee cannot be singled out for denial of that accommodation.

Remedies under Virginia law include back pay, front pay, compensatory damages for emotional distress, and punitive damages if the discrimination was willful. Attorneys' fees and court costs can also be awarded. Virginia's broader employer coverage and explicit protection for all pregnancy-related conditions make state law stronger than federal protections for small employers.

Virginia pregnancy discrimination law contains limited exceptions. The primary exception involves bona fide occupational qualifications (BFOQs) under federal law—if a legitimate job-related reason exists that pregnancy makes an employee unable to perform essential functions, the employer may take action, but this is narrowly construed and rarely successful.

Employers may also defend against a discrimination claim if they can prove they would have made the same employment decision regardless of pregnancy status. This is the "same decision defense" under federal law and applies in Virginia as well. However, the employee can still prevail if pregnancy was even a motivating factor in the decision.

At-will employment does not protect employers from pregnancy discrimination liability. Virginia is an at-will employment state, meaning employers can generally fire employees for any reason or no reason. However, pregnancy discrimination is an exception to at-will employment—an employer cannot fire or discriminate against an employee based on pregnancy even if the employee is otherwise at-will.

Union collective bargaining agreements do not override pregnancy discrimination protections. Even where unions are involved, the employer remains liable for pregnancy discrimination. Additionally, employers are not required to provide pregnancy-specific benefits beyond what they offer to employees with similar temporary medical conditions. If an employer provides no accommodations to any employee, it is not required to accommodate pregnancy, but it also cannot discriminate by singling out pregnant employees for worse treatment than other employees with medical needs.

Step 1: Document the Discrimination. Keep detailed records of all communications related to your pregnancy and work. Document the date you informed your employer of your pregnancy, how you disclosed it (verbally, in writing, through email), and to whom. Record any negative comments made by management or coworkers about your pregnancy—write down the exact words, the date, time, and any witnesses. Save emails, text messages, and performance reviews. If you requested accommodation and were denied, document the request and the denial in writing. Take screenshots of any communication and keep copies of all written documents. Document any adverse employment actions: demotion, reduced hours, withheld benefits, negative performance reviews, or termination. Write down the dates these actions occurred and whether they coincided with disclosure of your pregnancy.

Step 2: Follow Your Employer's Internal Complaint Process. Review your employee handbook to understand your company's anti-discrimination and complaint procedures. Most Virginia employers have an internal HR complaint process. File a written complaint with your HR department, keeping a copy for yourself. Write clearly that you believe you are experiencing pregnancy discrimination in violation of Virginia Code section 40.1-28.7 and Title VII. Include specific dates, what happened, and the adverse impact on your employment. Request a written response and documentation of the investigation. Internal complaints are important because they: (a) create a paper trail, (b) give the employer an opportunity to correct the problem, (c) strengthen your legal case if you later file an external complaint, and (d) sometimes result in quick resolution. However, do not delay filing an external complaint while waiting for the internal process—statute of limitations periods are strict.

Step 3: File with the EEOC (Federal) and Virginia Commission for Human Rights (State). You must file a charge with the EEOC within 300 days of the discrimination in Virginia, which is a deferral state. The EEOC will then refer your charge to the Virginia Commission for Human Rights (VCHR) for investigation. You can file your charge at the Richmond EEOC office or submit it online at eeoc.gov/filing-charge-discrimination. File the charge using the EEOC's online intake form, which requires: your name and contact information, your employer's name and address, the date discrimination occurred, a description of what happened and how pregnancy was involved, the names of any witnesses, and whether you filed an internal complaint. Alternatively, you can call the EEOC's Richmond office at 1-800-669-4000 to request assistance or schedule an appointment. Include in your charge that you are filing under Title VII of the Civil Rights Act (42 U.S.C. section 2000e) and Virginia Code section 40.1-28.7. The filing fee is $0. After you file, the EEOC will send you a charge number and notice of filing. Keep all documentation.

Step 4: The Investigation Process. The EEOC and Virginia Commission for Human Rights will investigate your charge. The investigation typically takes 30-60 days, though it can extend longer for complex cases. During investigation, the agency will: request written responses from your employer explaining their side of the story, gather documents (pay stubs, performance reviews, personnel files, communications), interview you and your employer, and review relevant emails and HR records. You may be asked to participate in witness interviews or provide additional evidence. Your employer may be asked to produce documents proving the adverse action was made for a legitimate non-discriminatory reason. The investigator will determine whether there is "reasonable cause" to believe discrimination occurred. If reasonable cause is found, the EEOC will try to resolve the charge through conciliation. If conciliation fails or no reasonable cause is found, you will receive a Notice of Right to Sue, which allows you to file a lawsuit in federal court or Virginia state court. This notice must be obtained before filing a lawsuit.

Step 5: When to Consult an Attorney. Consult an employment law attorney immediately if: (1) you have been terminated and believe it is due to pregnancy, (2) your employer takes adverse action after you file an internal complaint or EEOC charge (this may be retaliation), (3) the EEOC investigation is not proceeding as expected or you disagree with their findings, (4) you receive a Notice of Right to Sue and want to file a lawsuit, or (5) the employer offers a settlement and you want to ensure you are not waiving important rights. An employment discrimination attorney will: review your documentation, evaluate the strength of your case, represent you during EEOC investigation and conciliation, negotiate settlement on your behalf, and file and litigate a lawsuit if necessary. Most employment discrimination attorneys work on contingency, meaning you do not pay upfront fees—they take a percentage of any award or settlement. Consult an attorney sooner rather than later because evidence can be lost and witnesses' memories fade.