Is Pregnancy Discrimination Happening to You Right Now?
You found out you were pregnant. You told your employer. And then something shifted.
Maybe your hours got cut. Maybe you were passed over for a promotion you clearly deserved. Maybe your manager’s attitude changed overnight, or you started getting written up for things your coworkers do without consequence. Maybe you were let go entirely, with an explanation that never quite added up.
If any of this sounds familiar, you may be experiencing pregnancy discrimination. And in Indiana, you have legal protections that your employer is required to honor, whether they want to acknowledge that or not.
Pregnancy discrimination is more common than most people realize, and it is also more legally actionable than many employees know. This guide breaks down exactly what Indiana workers need to understand about their rights, the laws that protect them, the warning signs to watch for, and the steps to take if an employer crosses the line.
By the time you finish reading, you will have a clear picture of where you stand and what your options look like.
What Is Pregnancy Discrimination and Why Does It Keep Happening?
How Does the Law Define Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats a worker unfavorably because of pregnancy, childbirth, or a related medical condition. This definition matters because it is broader than most people assume.
It is not just about being fired for being pregnant. It includes demotions, schedule changes, refusal to provide reasonable accommodations, hostile treatment, forced leave, being pushed out of a job, and being denied benefits others receive.
Under federal law, the Pregnancy Discrimination Act (PDA) makes it illegal for employers with 15 or more employees to discriminate based on pregnancy, childbirth, or related medical conditions. The PDA, enacted in 1978, amended Title VII of the Civil Rights Act to explicitly include pregnancy as a protected category under sex discrimination.
But the federal framework has expanded significantly since then.
Why Did Congress Pass the Pregnant Workers Fairness Act in 2023?
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, filled a major gap that existed under prior law. While the PDA prohibited discrimination, it did not clearly require employers to provide reasonable accommodations for pregnancy-related conditions.
The PWFA changes that. It requires covered employers (those with 15 or more employees) to provide reasonable accommodations to qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship to the employer.
This is a significant development. An employee dealing with severe morning sickness, gestational diabetes, back pain, or mobility limitations now has a legal basis to request adjustments at work, such as modified duties, temporary reassignment, or additional rest breaks, even if the condition does not rise to the level of a disability under the Americans with Disabilities Act.
You can learn more about the PWFA through the EEOC’s official guidance.
What Laws Protect Pregnant Workers in Indiana?
Are There State-Level Protections Beyond Federal Law?
Yes, and Indiana workers should understand both layers of protection.
At the federal level, pregnant employees are protected by:
- The Pregnancy Discrimination Act (PDA)
- The Pregnant Workers Fairness Act (PWFA)
- The Americans with Disabilities Act (ADA), which may cover pregnancy-related complications that qualify as disabilities
- The Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for qualifying conditions
Indiana also has its own anti-discrimination statute. The Indiana Civil Rights Law prohibits employment discrimination based on sex, which includes pregnancy, in workplaces with six or more employees. This is actually broader coverage than the PDA’s 15-employee threshold, meaning some smaller Indiana employers fall under state law even if they are not covered by federal protections.
For a deeper look at how Indiana employment laws interact with federal protections, this overview of Indiana employment laws is worth reviewing.
How Does the FMLA Fit Into Pregnancy Protection?
The FMLA provides important but separate protections. It allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, including pregnancy, prenatal care, and childbirth recovery.
To qualify, an employee must:
- Work for a covered employer (50 or more employees within 75 miles)
- Have worked for that employer for at least 12 months
- Have logged at least 1,250 hours during the preceding 12-month period
If you take FMLA leave for pregnancy, your employer must restore you to the same or an equivalent position when you return. Penalizing an employee for using FMLA is itself illegal, and it often forms the basis for a separate retaliation claim.
Learn more about FMLA rights in Indiana here.
What Are the Most Common Forms of Pregnancy Discrimination in Indiana Workplaces?
What Does Pregnancy Discrimination Actually Look Like on the Job?
Pregnancy discrimination does not always look like a manager saying, “We’re letting you go because you’re pregnant.” It is often more subtle, and that subtlety makes it harder to recognize but no less illegal.
Common examples include:
- Being passed over for a promotion or raise after announcing a pregnancy
- Being placed on an involuntary leave of absence instead of receiving an accommodation
- Receiving negative performance reviews that only started after a pregnancy announcement
- Having job duties reassigned without explanation shortly after disclosure
- Being excluded from meetings, training, or advancement opportunities
- Being asked intrusive questions about pregnancy plans during a job interview
- Being pressured to resign or accept a lesser role
- Experiencing hostility or demeaning comments from managers or coworkers
- Having health insurance or other benefits reduced or eliminated
Many of these situations are not isolated. They often involve a pattern of behavior that, taken together, builds a strong legal case.
Can a Temporary Worker or Part-Time Employee Be Discriminated Against?
Yes. The legal protections for pregnancy discrimination are not limited to full-time, permanent employees. Temporary workers, part-time employees, and probationary employees who work for covered employers are all entitled to these protections.
The key factor is whether the employer is covered under the relevant law (based on employee count) and whether the adverse treatment was connected to the pregnancy.
What Is a Reasonable Accommodation for Pregnancy Under Indiana and Federal Law?
What Can a Pregnant Employee Request From Their Employer?
Under the PWFA, a reasonable accommodation is any modification or adjustment to a job, work environment, or the way work is usually performed that allows a qualified employee with a pregnancy-related limitation to perform their job.
Accommodations that are commonly requested and granted include:
| Accommodation Type | Common Examples |
| Modified duties | Avoiding heavy lifting, standing for long periods |
| Schedule adjustments | Flexible start times, additional breaks |
| Remote work | Temporary work-from-home arrangements |
| Equipment modifications | Ergonomic seating, accessibility tools |
| Leave | Time off for prenatal appointments or recovery |
| Temporary reassignment | Moving to a less physically demanding role |
An employer can only deny an accommodation if it would cause “undue hardship,” which is a high legal bar to meet. The employer must demonstrate that granting the accommodation would impose significant difficulty or expense given the size, resources, and nature of the business.
Employers are also prohibited under the PWFA from forcing employees to take leave when another accommodation would allow them to continue working.
What Happens if an Employer Refuses to Accommodate?
Refusing a reasonable accommodation request without demonstrating undue hardship may constitute a violation of the PWFA. If your employer denied your request or ignored it entirely, that refusal could be the basis for a legal claim.
It is important to document accommodation requests in writing and to keep records of any responses or denials. This documentation becomes critical if you decide to file a complaint or pursue a legal claim.
What Are the Nursing and Pumping Rights for Indiana Employees?
Do Employers Have to Provide Space for Nursing Mothers?
Yes. The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act), which expanded protections under the Fair Labor Standards Act, requires covered employers to provide:
- Reasonable break time for employees to express breast milk for up to one year after a child’s birth
- A private space that is not a bathroom and is shielded from view and free from intrusion
These protections now extend to most employees, including salaried, exempt workers who were previously excluded under older federal rules.
Indiana has its own pumping and nursing protections as well. For a detailed breakdown of those rules, see this guide on the PUMP Act and nursing rights in Indiana.
How Do You Know if Your Employer’s Actions Qualify as Discrimination?
What Evidence Supports a Pregnancy Discrimination Claim?
Building a pregnancy discrimination claim generally requires showing a connection between the pregnancy and the adverse employment action. Courts and agencies look at both direct and circumstantial evidence.
Direct evidence might include emails, messages, or statements from a manager that reference the pregnancy in connection with an employment decision.
Circumstantial evidence is more common and can include:
- A pattern of adverse actions that began immediately after pregnancy disclosure
- Comparative treatment (similarly situated non-pregnant employees were treated better)
- A sudden shift in performance reviews or disciplinary records after announcement
- Statements about how the pregnancy will affect the business or team
- A history of discriminatory treatment of other pregnant employees
One of the most important things you can do is document everything. Write down dates, times, what was said, and who was present. Save emails and messages. Keep a personal record outside of company systems.
If you are looking for practical guidance on how to document workplace issues effectively, this resource on documenting workplace harassment in Indiana walks through the process step by step.
Does Timing Matter in a Pregnancy Discrimination Case?
Timing is one of the most persuasive forms of circumstantial evidence. If an adverse action occurs within days or weeks of a pregnancy announcement, that proximity is difficult for an employer to explain away.
Courts have repeatedly recognized that close temporal proximity between protected activity and adverse action can support an inference of discriminatory motivation. While timing alone is rarely sufficient to win a case, it often anchors a broader pattern of evidence.
What Is the Difference Between Pregnancy Discrimination and Wrongful Termination?
Can Being Fired for Being Pregnant Be Both Discrimination and Wrongful Termination?
Yes. In Indiana, employment is generally “at-will,” which means an employer can terminate an employee for any reason or no reason at all, with limited exceptions. Pregnancy is one of those exceptions.
Firing an employee because of pregnancy is both pregnancy discrimination and wrongful termination. The two claims often arise together.
However, an employer who fires a pregnant employee typically will not say the reason is pregnancy. They will cite performance, budget cuts, restructuring, or something else. Part of building a legal case involves demonstrating that the stated reason was a pretext, meaning it was not the real reason for the termination.
For a more detailed look at wrongful termination rights in Indiana, see how to challenge wrongful termination in Indiana.
The Indiana Civil Rights Law and Title VII both protect against discriminatory termination. Filing a claim under one or both of these frameworks can provide avenues for compensation, reinstatement, and other remedies.
How Do You File a Pregnancy Discrimination Complaint in Indiana?
What Is the Step-by-Step Process for Filing a Complaint?
Filing a pregnancy discrimination complaint typically involves the following steps:
Step 1: File With the EEOC or the Indiana Civil Rights Commission (ICRC) Before you can file a federal lawsuit under Title VII or the PWFA, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Indiana Civil Rights Commission (ICRC). These agencies will investigate your complaint and attempt to resolve it.
Step 2: Meet the Filing Deadline For federal claims, you generally have 180 days from the date of the discriminatory act to file with the EEOC. In Indiana, because the ICRC has a work-sharing agreement with the EEOC, that deadline extends to 300 days. Missing this deadline can result in losing your right to file a claim entirely.
Step 3: Participate in the Investigation The EEOC or ICRC will notify your employer and investigate the claim. This may involve a fact-finding conference or document requests.
Step 4: Receive a Right-to-Sue Letter If the agency does not resolve your claim through conciliation, it will issue a “right-to-sue” letter. This gives you the ability to file a lawsuit in federal or state court. You generally have 90 days from receipt of this letter to file suit.
A detailed guide on how to navigate the EEOC complaint process in Indiana is available here.
Can You File a Complaint and Keep Your Job?
This concern stops many employees from moving forward. The fear is real and understandable. But it is also important to know that retaliation for filing a complaint is illegal.
If your employer takes adverse action against you because you filed a discrimination complaint, that retaliation is itself a separate violation of the law. Understanding how to protect yourself in this situation is important, and you can read more about retaliation after an EEOC complaint here.
What Can You Recover in a Pregnancy Discrimination Case?
What Types of Compensation Are Available?
If your pregnancy discrimination claim is successful, you may be entitled to several types of relief, depending on the circumstances of your case:
Economic damages:
- Back pay (lost wages from the date of the discriminatory act)
- Front pay (future lost earnings if reinstatement is not feasible)
- Lost benefits, including health insurance and retirement contributions
Non-economic damages:
- Emotional distress and mental anguish
Punitive damages:
- Available in federal cases when the employer acted with malice or reckless indifference
Injunctive relief:
- Reinstatement to your former position
- Policy changes at the employer’s organization
- Training requirements
Attorney’s fees and costs: Many employment discrimination statutes allow prevailing plaintiffs to recover reasonable attorney’s fees, which means the financial barrier to seeking legal help is often lower than people assume.
What Should You Do Right Now if You Suspect Pregnancy Discrimination?
What Are the Most Important Immediate Steps?
If you believe you are experiencing pregnancy discrimination, time matters. Here is what to prioritize:
- Document everything. Write down every incident with dates, times, names, and direct quotes where possible. Keep this record somewhere outside company systems.
- Save evidence. Preserve relevant emails, texts, performance reviews, schedules, and any written communications that reflect the employer’s attitude or decisions.
- Report internally if appropriate. Filing a complaint with HR creates an official record and may trigger an employer’s legal obligations. It also demonstrates that you gave the employer an opportunity to address the issue before escalating.
- Understand your deadlines. The 300-day window for filing with the EEOC in Indiana sounds like a long time, but it closes quickly, especially if you are dealing with job loss, medical concerns, and a new baby.
- Speak with an employment attorney. A qualified Indiana employment attorney can evaluate your situation, identify the strongest legal theories, and guide your next steps without putting your claim at risk.
How Does Pregnancy Discrimination Intersect With Other Employment Rights?
Can Pregnancy Discrimination Connect to Other Legal Claims?
Pregnancy discrimination rarely exists in a vacuum. It often intersects with other workplace rights and legal claims, which is why having a thorough legal strategy matters.
Disability discrimination: Some pregnancy-related conditions, such as preeclampsia, gestational diabetes, hyperemesis gravidarum, or complications requiring bed rest, may qualify as disabilities under the ADA. If your employer failed to accommodate those conditions, a separate disability discrimination claim may arise. You can explore disability discrimination protections in Indiana for additional context.
FMLA interference or retaliation: If your employer denied your leave request, manipulated your FMLA paperwork, or retaliated against you for taking leave, FMLA claims may apply.
Retaliation: Any adverse action taken against you for asserting your rights, whether by complaining about discrimination, requesting accommodations, or filing an EEOC charge, is independently actionable. Indiana retaliation claims often accompany pregnancy discrimination cases.
Wage and hour violations: Some pregnant employees are denied bonuses, raises, or overtime pay tied to discriminatory decision-making. Unpaid wages claims may be part of a broader legal picture.
Understanding how these claims interact is a significant part of what an experienced employment attorney evaluates during an intake consultation.
What Questions Should You Ask a Pregnancy Discrimination Attorney?
How Do You Know if You Have a Strong Case?
No attorney can guarantee an outcome, and any lawyer who does is not being honest with you. But a qualified employment attorney can assess the facts and give you an honest evaluation of where your case stands.
When you consult with a pregnancy discrimination attorney in Indiana, consider asking:
- What laws apply to my specific situation?
- What evidence would strengthen my case?
- What deadlines apply to my claim?
- What is the realistic range of outcomes?
- Do you handle cases on a contingency fee basis?
- How long does this process typically take?
Most employment attorneys who handle discrimination cases offer a free initial consultation. Use that time to assess whether the attorney communicates clearly, demonstrates knowledge of Indiana employment law, and makes you feel heard.
You can learn more about what to expect during a first consultation with an employment lawyer here, and review important questions to ask before hiring here.
Frequently Asked Questions About Pregnancy Discrimination in Indiana
Can my employer ask me about my pregnancy during a job interview? No. Under the PDA and Indiana Civil Rights Law, an employer cannot base a hiring decision on pregnancy. Asking about pregnancy during an interview is a red flag and, if followed by a rejection, could support a discrimination claim.
Does my employer have to hold my job while I am on maternity leave? Under FMLA, eligible employees are entitled to be restored to the same or an equivalent position after taking leave. Failing to do so may constitute both FMLA retaliation and pregnancy discrimination.
What if my employer says my termination was due to a layoff, not my pregnancy? Layoffs can be used as a pretext for discriminatory terminations. If similarly situated non-pregnant employees were retained, or if the timing strongly suggests a connection to your pregnancy, the layoff justification may not hold. Learn more about Indiana layoff rights and protections.
Can I file a claim if I was discriminated against during a reduction in force while pregnant? Yes. Being selected for a reduction in force because of pregnancy is discrimination. An employer cannot use a RIF to eliminate a pregnant employee while retaining employees in comparable roles. For more on this, see reduction in force attorney resources in Indiana.
Does pregnancy discrimination only apply during pregnancy, or does it extend to postpartum issues? The PDA and related laws protect against discrimination related to pregnancy, childbirth, and related medical conditions. This includes postpartum recovery, lactation, and complications arising after birth.
What if my employer has fewer than 15 employees? Indiana’s Civil Rights Law covers employers with six or more employees, which is a lower threshold than federal law. If your employer falls between 6 and 14 employees, you may still have a valid claim under state law.
Can I be required to go on leave against my will because I am pregnant? No. Under the PWFA, an employer cannot force a pregnant employee to take leave when a reasonable accommodation would allow the employee to keep working.
What if I have not been formally fired but my working conditions have become unbearable? This may constitute constructive dismissal, which occurs when an employer’s conduct makes conditions so intolerable that a reasonable employee would feel compelled to resign. Constructive dismissal tied to pregnancy can still be actionable as wrongful termination and discrimination. See the differences between wrongful termination and constructive dismissal for more detail.
Can my employer deny me a promotion because they assume I will need time off after the baby is born? Yes, and that is illegal. Making employment decisions based on assumptions about what a pregnant employee will do, including speculating about post-birth behavior, is a form of sex stereotyping prohibited under Title VII.
Does the PWFA apply to all employers in Indiana? The PWFA applies to employers with 15 or more employees. For employers with fewer than 15 but at least 6 employees, Indiana’s Civil Rights Law provides the applicable protections.
What if I experienced pregnancy discrimination years ago? Is it too late to file? Filing deadlines are strict. Generally, you must file with the EEOC within 300 days of the discriminatory act in Indiana. In some cases, exceptions may apply if you only recently discovered the discriminatory nature of the conduct. Speaking with an attorney as soon as possible is the safest approach.
Does Amber Boyd Law handle pregnancy discrimination cases outside of Indianapolis? Yes. Amber Boyd Law serves clients across Indiana, including in Fort Wayne, Evansville, and Gary, in addition to the Indianapolis metro area.
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Your Rights Are Real. Your Next Step Matters.
Pregnancy discrimination is not something you have to accept or work around. Indiana law, federal law, and the courts exist to protect workers in exactly the situation you may be facing right now.
Knowing your rights is the first step. Acting on them is the next.
If you believe your employer has treated you unfairly because of your pregnancy, this is the right time to speak with a legal professional who understands Indiana employment law and will take your case seriously.
Amber Boyd Law represents Indiana workers in pregnancy discrimination, retaliation, and wrongful termination cases across the state. The firm offers confidential case evaluations where you can discuss your situation, understand your options, and make an informed decision about what comes next.
Schedule your consultation today: Call (317) 960-5070 or visit amberboydlaw.com/contact
You can also find us at 8506-8510 Evergreen Ave, Indianapolis, IN 46240, or get directions here.
Disclaimer: This article is intended for general educational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a qualified Indiana employment attorney.
