Pregnancy Discrimination Laws in Washington: Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on sex, which includes pregnancy-related discrimination under the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k). Federal law defines pregnancy discrimination as treating pregnant employees or applicants unfavorably compared to other employees or applicants who are similar in their ability or inability to work. Title VII applies to employers with 15 or more employees and prohibits adverse employment actions including hiring, firing, compensation, job assignment, promotions, layoffs, training, and any other term or condition of employment.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates complaints of pregnancy discrimination. Federally covered employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause undue hardship. Remedies under federal law include back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages (in cases of intentional discrimination with malice or reckless indifference), and attorney's fees and costs. The statute of limitations for filing an EEOC charge is 180 days from the date of discrimination in non-deferral states, or 300 days in deferral states like Washington.

Washington Revised Code § 49.60.180 provides stronger pregnancy discrimination protections than federal Title VII. Washington law covers employers with 8 or more employees, whereas Title VII applies only to employers with 15 or more, meaning smaller Washington employers are covered under state law but would not be under federal law. Washington's statute treats pregnancy, childbirth, and related medical conditions as inherent characteristics protected under the state's public accommodations law, establishing explicit statutory protection that integrates pregnancy discrimination into the broader framework of sex discrimination.

Washington law requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the employer demonstrates that providing such accommodation would impose an undue hardship on the conduct of the employer's business. Examples of reasonable accommodations include modified work schedules, temporary reassignment to available positions, leave of absence, modified break periods, adjusted duties, and access to facilities. The Washington Human Rights Commission enforces § 49.60.180, not the EEOC at the state level, though dual filing with federal EEOC is possible.

Washington law provides a 300-day statute of limitations for filing complaints with the Washington Human Rights Commission, compared to 180 days federally in non-deferral states. Washington is a deferral state, meaning EEOC charges are typically dual-filed with the Washington Human Rights Commission simultaneously. Remedies under Washington law include reinstatement, back pay with interest, front pay, compensatory damages for emotional distress and humiliation, punitive damages, and attorney's fees and costs. Washington also allows for civil rights damages and does not impose the same caps on damages that some federal remedies have, making state-level recovery potentially broader. Employers cannot retaliate against employees for opposing discriminatory practices or participating in investigations.

Washington law contains limited explicit exceptions to pregnancy discrimination protections, but several important qualifications and defenses apply. Employers may make employment decisions affecting pregnant employees if the employer can prove the decision is based on legitimate, non-discriminatory reasons unrelated to pregnancy status—for example, documented performance deficiencies, violation of legitimate workplace policies applied uniformly, or economic layoffs affecting all employees proportionally. However, the burden falls on the employer to demonstrate that the stated reason is the true reason for the adverse action; pretext is a common issue in these cases.

Employers are not required to provide accommodations that would cause undue hardship, but "undue hardship" is defined narrowly under Washington law. Courts have found that cost alone or minor inconvenience do not constitute undue hardship; the employer must show substantial difficulty or expense in relation to the business's resources and operations. At-will employment principles do not override pregnancy discrimination protections; even at-will employees cannot be terminated based on pregnancy status. Small employers with fewer than 8 employees are not covered by Washington state pregnancy discrimination law, though they may still be covered by federal Title VII if they have 15 or more employees.

Union and collective bargaining agreements do not create exceptions to pregnancy discrimination law; unions cannot agree to terms that permit pregnancy discrimination. Temporary employees and contract workers receive the same protections as permanent full-time employees under Washington law. Pregnancy-related leave is distinct from the Washington Paid Family and Medical Leave Act (PFMLA); both statutes may apply, but pregnancy discrimination protections are independent. Independent contractors are generally not covered. Employers are not required to hire someone who cannot perform essential job functions even if the inability is pregnancy-related, but the employer must first consider reasonable accommodations before making this determination.

Step 1 — Document Everything: Keep detailed records of all discrimination-related incidents, including dates, times, locations, people present, what was said and done, and any witnesses. Save performance evaluations, emails, text messages, and other communications that show your employer's treatment compared to non-pregnant employees. Document your pregnancy status and when you disclosed it to your employer. Keep records of any requests for accommodation you made and the employer's response. Store copies outside your workplace (personal email, cloud storage, or physical copies at home). This documentation is critical because it becomes evidence in your case.

Step 2 — Exhaust Internal Complaint Process: If your employer has a formal anti-discrimination or employee grievance policy, follow it as written. Submit a written complaint to your human resources department or direct supervisor (unless the supervisor is the source of discrimination), clearly describing the discriminatory action, citing pregnancy as the reason you believe discrimination occurred, and requesting resolution or accommodation. Request written confirmation of your complaint receipt. Keep copies of all communications. Internal complaint procedures do not block you from filing with the state agency, but they can demonstrate you gave the employer an opportunity to remedy the violation, which strengthens your case. If your employer has no formal policy, note this for your future complaint.

Step 3 — File with the Correct Agency: File a discrimination complaint with the Washington Human Rights Commission, Complaint and Compliance Division. The online portal is located at www.hum.wa.gov/discrimination-complaints; you can also mail or hand-deliver a complaint. You must file within 300 days of the discriminatory act. Include your name, address, phone number, and email; employer's name and address; date(s) of discrimination; detailed description of the discrimination; names of witnesses; and explanation of how the discrimination relates to your pregnancy status. If your employer has 15 or more employees, you may also file a dual charge with the EEOC at www.eeoc.gov or by calling 1-800-669-4000; the agencies coordinate under worksharing agreements. Filing with one deferral-state agency (Washington HRC) protects your federal rights simultaneously.

Step 4 — Expect the Investigation Process: After you file, the Washington Human Rights Commission will send the employer a copy of your complaint, typically within 14 days. The employer has 30 days to respond. The Commission then investigates by requesting documents from both parties, interviewing witnesses, and reviewing your evidence and the employer's defense. The investigation typically takes 60–180 days but can extend longer. You will be contacted for additional information; respond promptly and thoroughly. The Commission will issue a "determination of reasonable cause" or "no reasonable cause" determination. If reasonable cause is found, the agency will attempt conciliation (settlement negotiation) for 30 days. If no settlement is reached, the case may proceed to an administrative hearing before a judge, or you may file a civil action in court.

Step 5 — Consult an Attorney: Consult a Washington employment law attorney experienced in discrimination cases before your initial complaint, if possible. An attorney can review the strength of your case, ensure your documentation is complete, and advise whether administrative remedies or immediate civil litigation is preferable. If you cannot afford an attorney, contact Legal Aid of Washington (www.legalaidwa.org) or the Washington State Bar Association's Lawyer Referral Service. Attorneys often work on contingency in discrimination cases, meaning you pay no upfront fees and they recover fees from a settlement or judgment. An attorney becomes essential if the Washington HRC investigation finds reasonable cause and the case proceeds to hearing or if you need to file a civil action in Superior Court. Representation significantly increases settlement value and success rates.