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Pregnancy Discrimination and Accommodation Laws by State

The Pregnancy Discrimination Act of 1978 offers basic, federal-level protections for pregnant females from any discrimination or harassment from employers. However, some states offer additional protections to pregnant women in the workplace.

This exhaustive list provides a list of states that offer state-level pregnancy discrimination protections, along with any pregnancy accommodations that may be offered as well.

*Georgia and Mississippi have laws providing additional protections to state employees only.

Most States Have Specific Pregnancy Discrimination Statutes

At its core, pregnancy discrimination laws offer protections against termination from employers based strictly on circumstances related to pregnancy and maternity. Although not explicitly stated, this generally also covers other associated conditions, such as breastfeeding, childbirth, and other related medical conditions.

All but five states offer additional state-level protections against pregnancy discrimination in the workplace:

  • Alabama
  • Indiana
  • Nevada
  • North Carolina
  • South Dakota

Additionally, two other states offer pregnancy discrimination protections only for those employed by the state: Georgia & Mississippi.

Protections Are Usually Limited by Number of Employees

The Pregnancy Discrimination Act applies only to employers with 15 or more employees – and state-level pregnancy discrimination laws generally have similar restrictions with respect to the size of the employer.

All but 16 states have minimum employee requirements of some kind, but they can vary greatly from state to state:

  • In North Dakota, pregnancy discrimination laws are valid for employers who hire at least 1 employee for at least one quarter of each year.
  • Louisiana’s laws must be followed by employers with 25 or more employees – the highest in the country.

Some states may have specific employer restrictions that may result in some confusion for those seeking protections. For example, Virginia protects women from pregnancy discrimination if they work for an employer that has more than 5 but fewer than 15 employees.

Some Employers are Exempt From State-Level Pregnancy Discrimination Laws

Some states offer company exceptions to which these laws apply.

  • In 10 states, organizations associated with religion in certain capacities are exempt from these laws.
  • In 7 states, private clubs such as non-profit membership clubs and other similar social clubs are exempt.
  • In 5 states, employers of domestic workers – those who hire housekeeping and maid services for their household – are exempt.
  • In 5 states, certain non-profit organizations are exempt. These may include social and fraternal organizations (such as the Shriners and the Elks Lodge), along with charitable and educational organizations.

The rest of the states don’t specify exclusions, but there may be other variations that may be up for interpretation in the eyes of the law.

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Pregnancy Discrimination Laws: State by State

 

StateProtections against pregnancy discrimination?State Codes (if applicable)Minimum Number of EmployeesExempt Employers
AlabamaNo   
AlaskaYesAlaska Stat. § 18.80.220.0Most non-profit organizations, including social, fraternal, charitable, educational, and religious.
ArizonaYesAriz. Rev. Stat. § 41-1463(B)15N/A
ArkansasYesArk. Code §§ 16-123-102, 107.9Religious Organizations
CaliforniaYesCal. Gov’t Code §§ 12926, 12940.5Religious Non-Profit Organizations
ColoradoYesColo. Rev. Stat. § 24-34-4020Non-taxpayer-funded Religious Organizations
ConnecticutYesConn. Gen. Stat. Sec. § 46a-60(a)(7)(A).3N/A
DelawareYesDel. Code Ann. tit. 19, §§ 710-11. 4N/A
District of ColumbiaYesD.C. Code §§ 2-1401.05(a), 1401.11.0Employers of domestic workers
FloridaYesFla. Stat. § 760.1015N/A
GeorgiaState employees onlyGa. Comp. R. & Regs. 478-1-.03.0N/A
HawaiiYesHaw. Rev. Stat. §§ 378-1, 378-2; Haw. Code R. § 12-46-107.0N/A
IdahoYesIdaho Code § 67-59095Employers of domestic workers
IllinoisYes775 Ill. Comp. Stat. 5/2-102(I)15N/A
IndianaNo   
IowaYesIowa Code § 216.6(2).4Employers of domestic workers
KansasYesKan. Stat. Ann. § 44-1009; Kan. Admin. Regs. § 21-32-6.4Fraternal and social non-profit organizations
KentuckyYesKy. Rev. Stat. §§ 344.030, 344.040.8Bona fide non-profit private clubs
LouisianaYesLa. Rev. Stat. § 23:342.25N/A
MaineYesMe. Rev. Stat. tit. 5, §§ 4572, 4572-A.0N/A
MarylandYesMd. Code, State Gov’t § 20 — 60615Bona fide tax-exempt private membership clubs
MassachusettsYesMass. Gen. Laws ch. 151B, § 46Certain social and fraternal organizations
MichiganYesMich. Comp. L. § 37.2202.0N/A
MinnesotaYesMinn. Stat. § 363A.03(42); Minn. Stat. § 363A.08.0N/A
MississippiState employers only27-110 Miss. Code R. § 7.3.9.0N/A
MissouriYesMo. Rev. Stat. § 213.055; Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)6Businesses owned and operated by religious groups
MontanaYesMont. Code Ann. § 49-2-310.0N/A
NebraskaYesNeb. Rev. St. §§ 48-1102, 1104.15Bona fide private membership clubs
NevadaNo   
New HampshireYesN.H. Rev. Stat. Ann. § 354-A:7.6Social clubs, fraternal and religious non-profit organizations
New JerseyYesN.J. Stat. Ann. § 10:5-12.0Religious Organizations
New MexicoYesN.M. Stat. Ann. § 28-1-7; N.M. Code R. § 9.1.1.7(HH)(2).4N/A
New YorkYesN.Y. Exec. L. §§ 292, 2964N/A
North CarolinaNo   
North DakotaYesN.D. Cent. Code Ann. §§ 14-02.4-02, 14-02.4-03.1N/A
OhioYesOhio Rev. Code §§ 4112.01, 4112.02.4N/A
OklahomaYesOkla. Stat. tit. 25, §§ 1301, 1302. 0Employers of domestic workers
OregonYesOr. Rev. Stat. § 659A.029, 659A.030.0N/A
PennsylvaniaYes43 Pa. Stat. § 955; 16 Pa. Code § 41.102.4N/A
Rhode IslandYesR.I. Gen. Laws §§ 28-5-6, 28-5-7.4N/A
South CarolinaYesS.C. Code Ann. § 1-13-80; S.C. Code Ann. § 1-13-30.15Bona fide private membership clubs
South DakotaNo   
TennesseeYesTenn. Code Ann. §§ 4-21-101, 4-21-4018Employers of domestic workers
TexasYesTex. Lab. Code Ann. §§ 21.051, 21.106.15N/A
UtahYesUtah Code § 34A-5-106.0Religious businesses and organizations
VermontYesVt. Stat. tit. 21, § 4950N/A
VirginiaYesVa. Code § 2.2-3903.More than 5 but fewer than 15 employeesN/A
WashingtonYesWash. Rev. Code § 49.60.0308Religious Non-Profit Organizations
West VirginiaYesW. Va. Code § 5-11-912Private Clubs
WisconsinYesWis. Gen. Stat. §§ 111.31, et seq.0Social Clubs, Fraternal organizations
WyomingYesWyo. Stat. § 27-9-105.2Religious organizations

 

Pregnancy Accommodation Laws by State

Additional statutes may provide rights to work-related accommodations for pregnant women on the job. These accommodations may include:

  • The right for pregnant persons to be treated the same as other individuals with similar disabilities.
  • The right for pregnant persons to take leave (paid or unpaid) for the same period of time as those who are equally disabled
  • The right to have reasonable accommodations for their limitations, including temporary transfer to a less strenuous position at the employee’s request
  • Protections against termination due to a person’s pregnancy disability

42 states and Washington, D.C. have state-level provisions for pregnancy accommodations. However, of those states, five provide protections only for state employees: Alabama, Arizona, Arkansas, Idaho, and Nebraska. And Alaska only details provisions for public employers.

In total, two states do not offer provisions for both pregnancy discrimination and pregnancy accommodations: Indiana and North Carolina.

Due to similar rights, limitations and exemptions for these laws generally follow the same restrictions as those provisions offering pregnancy discrimination protections.

Pregnancy Accommodation Laws: State by State

 

StateHas Provision?State CodeSpecific accommodations?
AlabamaOnly for state employeesAla. Admin. Code § 670-X-14-.02.State employees may use any accrued sick time for maternity leave if they are actually disabled as a result of the pregnancy.
AlaskaOnly for public employeesAlaska Stat. § 39.20.500(a).
Alaska Stat. § 39.20.520.
Employers must treat pregnancy-related conditions as temporary disabilities. Employers are required to transfer pregnant employees to less strenuous positions at their request.
ArizonaOnly for state employeesAriz. Admin. Code Rule 2-5A-B602, B603.Pregnant persons employed by the state are entitled to the same rights as those with similar disabilities.
ArkansasOnly for state employeesArk. Code § 21-4-209.Pregnant persons employed by the state are entitled to the same rights as those with similar disabilities.
CaliforniaYesCal. Gov’t Code § 12945(1)-(2).
Cal. Gov’t Code § 12945(3).
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations
ColoradoYes3 Colo. Code Regs. § 708-1:80.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
ConnecticutYesConn. Gen. Stat. §§ 46a-60(a)(7)(B)-(G).Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations.
DelawareYesDel. Code Ann. tit. 19, §§ 710-11.Employers must make reasonable accommodations for pregnant women with work-related limitations
District of ColumbiaYesD.C. Code § 2-1401.05(b).Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
FloridaNo  
GeorgiaNo  
HawaiiYesHaw. Rev. Stat. § 378-1.
Haw. Code R. § 12-46-107.
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
IdahoOnly for state employeesIdaho Admin. Code § 15.04.01.243.Pregnant persons employed by the state are entitled to the same rights as those with similar disabilities.
IllinoisYes775 Ill. Comp. Stat. 5/2-102(I)-(J); Ill. Adm. Code tit. 56, § 5210.110.Employers must make reasonable accommodations for pregnant women with work-related limitations
IndianaNo  
IowaYesIowa Code § 216.6(2).Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
KansasYesKan. Admin. Regs. § 21-32-6.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
KentuckyYesKy. Rev. Stat. § 344.030.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
LouisianaYesLa. Rev. Stat. §§ 23:341-342.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
MaineYesMe. Rev. Stat. tit. 5, § 4572-A.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
MarylandYesMd. Code, State Gov’t § 20 — 609.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Employers must make reasonable accommodations for pregnant persons with work-related limitations.
MassachusettsYesMass. Gen. Laws ch. 151B, § 4; 804 Mass. Code Regs. 8.01
Mass. Gen. Laws ch. 149, § 105 d.
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities, with additional rights regarding maternity leave.
MichiganYesMich. Comp. L. § 37.2202.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
MinnesotaYesMinn. Stat. § 363A.08.Employers must make reasonable accommodations for pregnant women with work-related limitations
MississippiYes27-110 Miss. Code R. § 3.2.Employers must make reasonable accommodations for pregnant women with work-related limitations
MissouriYesMo. Code Regs. Ann. tit. 8, § 60-3.040(16)(A).
Mo. Code Regs. Ann. tit. 8, § 60-3.040(16)(B).
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
MontanaYesMont. Code Ann. § 49-2-310; Mont. Admin. R. 24.9.1203.
Mont. Admin. R. 24.9.1206.
Mont. Code Ann. § 49-2-311.
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
NebraskaState employers only273 Neb. Admin. Code § 10-005, 011.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
NevadaYesNev. Rev. Stat. § 613.335.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
New HampshireYesN.H. Rev. Stat. Ann. § 354-A:7.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
New JerseyYesN.J. Stat. Ann. § 10:5-3.1.
N.J. Stat. Ann. § 34:11B-4.
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities. Employers must make reasonable accommodations for pregnant persons with work-related limitations
New MexicoYesN.M. Code R. § 9.1.1.7(HH)(2).Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
New YorkYesBrooklyn Union Gas Co. v. N.Y. State Human Rights Appeal Bd., 41 N.Y.2d 84, 359 N.E.2d 393 (1976).Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
North CarolinaNo  
North DakotaNo  
OhioYesOhio Rev. Code §§ 4112.01.
Ohio Admin. Code § 4112-5-05.
Employer must allow a reasonable period of maternity leave – and the employee is entitled to return to the same or similar position afterward.
OklahomaYesOkla. Stat. tit. 25, § 1301; Okla. Admin. Code § 335:15-3-9.
Okla. Admin. Code § 335:15-3-9.
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
OregonYesOr. Rev. Stat. § 659A.029.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
PennsylvaniaYes43 Pa. Stat. § 955; 16 Pa. Code § 41.103.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
Rhode IslandYesR.I. Gen. Laws § 28-5-6.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
South CarolinaYesS.C. Code Ann. § 1-13-30.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
South DakotaYesS.D. Admin. R. 20:03:09:12.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
TennesseeYesTenn. Code Ann. § 4-21-408.  Employer must allow four months of leave for adoption, pregnancy, and childbirth. The employee is entitled to return to the same or similar position afterward.
TexasYesTex. Lab. Code Ann § 21.106.
Tex. Loc. Gov’t Code § 180.004.
Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
UtahNo  
VermontYesVt. Stat. Ann. tit. 21, § 472.Employer must allow up to twelve weeks of leave for pregnancy and childbirth. The employee is entitled to return to the same or similar position afterward.
VirginiaYesVa. Code § 2.2-3901.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
WashingtonYesWash. Admin. Code § 162-30-020.Women disabled by pregnancy are entitled to the same rights as those with similar temporary disabilities.
West VirginiaYesW. Va. Code § 5-11B-2.Employers must make reasonable accommodations for pregnant women with work-related limitations
WisconsinNo  
WyomingNo