Pregnancy Discrimination in the U.S.: Why Expectant Mothers Still Face Workplace Bias

Pregnancy is on the rise in America. In 2024, the nation welcomed 3,622,673 births, up 1% from the previous year. At the same time, women remain a vital part of the workforce: of the 79.2 million women employed, nearly 56 million were working full time, making up almost half of all U.S. workers.

Yet, despite their contributions, expectant mothers continue to face discrimination in the workplace. And while federal protections like the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act exist, the reality is that bias remains widespread, often intensified by racial inequities.

What the Law Says

The Civil Rights Act of 1964 outlawed workplace discrimination based on race, color, religion, sex, or national origin. Title VII of the Act later laid the foundation for the Pregnancy Discrimination Act, making it illegal to fire, demote, or deny promotions to women because of pregnancy.

More recently, the Pregnant Workers Fairness Act (PWFA) of 2023 expanded protections by requiring employers to provide “reasonable accommodations,” such as lighter duties, flexible schedules, or additional breaks. In theory, this means no woman should have to choose between her health and her career.

But in practice, discrimination persists. A Bipartisan Policy Center report found that 1 in 5 mothers has experienced workplace pregnancy discrimination. In 2024 alone, the Equal Employment Opportunity Commission (EEOC) received 2,729 formal complaints, a number that likely represents only a fraction of actual incidents, as many women don’t report issues out of fear of retaliation.

Racial Disparities in Pregnancy Discrimination

Pregnancy bias doesn’t affect all women equally. Black and Latina women are among the most vulnerable. A Lean In/McKinsey 2023 report showed that these groups are already less likely to be promoted and more likely to face microaggressions at work. Adding pregnancy into the mix magnifies the challenges.

The data tells a compelling story. In 2024:

  • White women gave birth to 1.78 million babies.
  • Hispanic women had 982,253 births.
  • Black women delivered 472,756 babies.

At the same time, Black women led the workforce participation rate at 61%, higher than White women at 56.5%. This means Black and Hispanic women are more often pregnant while holding down a job, leaving them more exposed to workplace bias and its long-term financial impacts.

The Cost of Pregnancy Bias

The wage gap between men and women remains stubbornly wide, and motherhood deepens it. In 2024, women without children earned 83¢ for every $1 men earned. Mothers earned just 75¢, with women of color faring even worse.

  • Mothers’ earnings drop 17% during childbirth year.
  • Over a decade, mothers earn 40% less than fathers.
  • 61% of women say motherhood negatively affects their careers.

These figures show the real cost of motherhood in the U.S., a penalty that lingers long after childbirth.

Discrimination in Action

Pregnant workers report being:

  • Denied promotions.
  • Reassigned to lower-level tasks.
  • Denied accommodations like breaks or schedule adjustments.
  • Demoted or even fired after revealing their pregnancy.

A Better Balance survey found that 60% of pregnant women said they weren’t given reasonable accommodations, and 21% were afraid to even disclose their pregnancy. Some women admitted to hiding their pregnancy as long as possible to avoid backlash, putting their own health at risk.

For employers, such practices don’t just harm employees; they’re costly. Replacing a worker can cost between 16% and 200% of their annual salary.

Industries Where Pregnancy Bias Runs High

Certain industries are especially prone to pregnancy discrimination:

  • Healthcare and social assistance: demanding shifts, overnight hours, and poor accommodations.
  • Food service and hospitality: prolonged standing and limited flexibility.
  • Retail trade: low pay, few accommodations, and high discrimination claims.
  • Transportation, warehousing, manufacturing, and utilities: physically demanding work, often in male-dominated environments, and resistant to change.

Research from the UMass Center for Employment Equity found that these industries consistently report the highest rates of pregnancy discrimination charges per 100,000 female workers, signaling systemic problems.

Returning to Work: The U.S. vs. the World

The U.S. is one of only seven countries in the world, and the only wealthy nation, without national paid maternity leave. The consequences are devastating:

  • The U.S. has the highest maternal mortality rate among high-income nations.
  • Nearly 1 in 5 new mothers experiences postpartum depression.
  • 25% of women return to work just 10 days after giving birth due to financial necessity.

States like California, New York, and Washington have implemented paid family leave programs, but only about 30% of Americans have access. The federal Family and Medical Leave Act (FMLA) guarantees only unpaid leave, and just over half of workers qualify.

The long-term impact is stark: women who return to work too quickly lose earnings, while those who stay home face lasting penalties. Economists call it the “child penalty,” a wage loss averaging 40% over the course of a career.

Why Change Is Urgent

Pregnancy discrimination is not just a legal or economic issue; it’s a public health issue. From higher rates of workplace mistreatment to postpartum depression and financial strain, expectant mothers in America are fighting battles on multiple fronts.

To protect them, the U.S. must:

  • Enforce anti-discrimination laws more strictly.
  • Expand access to paid family and medical leave.
  • Create workplace cultures where pregnancy isn’t treated as a liability.

Until that happens, women, especially Black and Latina mothers, will continue to shoulder a disproportionate burden.

At High Rise Financial, we believe no woman should have to choose between her job and her pregnancy. If you’ve faced wrongful dismissal or workplace discrimination while pregnant, contact us today to learn how we can help.

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