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Secretary of Labor Thomas E. Perez

State-Level Protections Against Pregnancy Discrimination

Employment Protections For Workers Who Are Pregnant or Nursing
State-Level Protections Against Pregnancy Discrimination
State-Level Provisions for Pregnancy Accommodation and Pregnancy-Related Disability
State-Level Workplace Breastfeeding Rights


On the map above, the darkly shaded states and territories represent those which offer state-level protections against pregnancy discrimination. Click on those states to learn more about these laws.


States may also pass laws that give specific protections and rights to workers, but they may not reduce or limit the protections provided by federal laws. The maps on this site show which U.S. States and Territories have laws, statutes and/or interpretive case law that (1) specifically prohibit pregnancy discrimination, (2) specifically address pregnancy accommodation and pregnancy-related disability, and/or (3) specifically provide workplace breastfeeding rights.




Alabama

Pregnancy Discrimination

No specific law at the state level.




Alaska

Pregnancy Discrimination

It is illegal for an employer to discriminate based on sex, marital status, pregnancy, or parenthood. This applies to all employers except social, fraternal, charitable, educational or religious non-profit organizations.

Alaska Stat. § 18.80.220.




American Samoa

Pregnancy Discrimination

The Trial Division of the High Court of American Samoa has held that its territorial public policy prohibits employment discrimination on the basis of pregnancy.

Nguyen v. Daewoosa Samoa, Ltd., 7 Am. Samoa 3d 171 (Am. Samoa 2003).




Arizona

Pregnancy Discrimination

Under the Arizona Civil Rights Act, it is illegal for employers to discriminate based on sex. This law applies to employers with fifteen or more employees. Some courts in Arizona have interpreted sex discrimination to include discrimination on the basis of maternity and pregnancy.

Ariz. Rev. Stat. § 41-1463(B); see, e.g., Broomfield v. Lundell, 767 P.2d 697 (Ariz. Ct. App. 1988).




Arkansas

Pregnancy Discrimination

Arkansas prohibits employment discrimination on the basis of gender, which is explicitly defined to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. This law applies to all employers with nine or more employees, except religious organizations.

Ark. Code §§ 16-123-102, 107.




California

Pregnancy Discrimination

The California Fair Employment and Housing Act prohibits employment discrimination on the basis of sex, which is explicitly defined to include discrimination on the basis of pregnancy, childbirth, breastfeeding, or related medical conditions. This law applies to employers with five or more employees, except religious non-profit organizations.

Cal. Gov't Code §§ 12926, 12940.




Colorado

Pregnancy Discrimination

The Colorado Antidiscrimination Act states that it is illegal to discriminate based on sex. The Colorado Supreme Court has interpreted this to include discrimination based on maternity and pregnancy. This law applies to all employers regardless of size, except for religious organizations that are not taxpayer-funded.

Colo. Rev. Stat. § 24-34-402; Colorado Civil Rights Comm'n v. Travelers Ins. Co., 759 P.2d 1358 (Colo. 1988).




Connecticut

Pregnancy Discrimination

Connecticut's Fair Employment Practices Law prohibits employers from terminating a woman's employment because of her pregnancy. This law applies to employers with three or more employees, as well as to unions and employment agencies.

Conn. Gen. Stat. Sec. § 46a-60(a)(7)(A).




Delaware

Pregnancy Discrimination

Delaware law prohibits discrimination on the basis of sex, which includes discrimination on the basis of pregnancy, childbirth or a related condition, including breastfeeding. This prohibition applies to all employers with four or more employees within Delaware.

Del. Code Ann. tit. 19, §§ 710-11. 




District of Columbia

Pregnancy Discrimination

The District of Columbia Human Rights Act prohibits employment discrimination on the basis of sex, which explicitly includes discrimination on the basis of pregnancy, childbirth, breastfeeding, or related medical conditions. This law applies to all employers regardless of size, except employers of domestic workers.

D.C. Code §§ 2-1401.05(a), 1401.11.




Florida

Pregnancy Discrimination

The Florida Civil Rights Act states that it is illegal to discriminate based on sex. The Florida Supreme Court has held that this includes discrimination because of pregnancy. This law applies to employers with fifteen or more employees.

Fla. Stat. § 760.10; Delva v. Cont'l Grp., Inc., 137 So. 3d 371 (Fla. 2014).




Georgia

Pregnancy Discrimination

Only state employees are protected from discrimination on the basis of pregnancy under Georgia law.

Ga. Comp. R. & Regs. 478-1-.03.




Guam

Pregnancy Discrimination

Guam prohibits employment discrimination on the basis of sex. The Guam Department of Labor has issued regulations interpreting this to include discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Guam Code Ann. tit. 22, § 5201; 17 Guam Admin. R. & Regs. § 6104(o).




Hawaii

Pregnancy Discrimination

Hawaii's Fair Employment Practices Act prohibits discrimination on the basis of sex, which includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. This applies to all employers.

Haw. Rev. Stat. §§ 378-1, 378-2; Haw. Code R. § 12-46-107.




Idaho

Pregnancy Discrimination

Although not specifically addressed in Idaho's Human Rights Act, the Idaho Supreme Court has construed the Act's statutory prohibition on sex discrimination to prohibit discrimination on the basis of pregnancy. This applies to all public employers, all state contractors, and all other employers with five or more employees, except employers of domestic workers.

Idaho Code § 67-5909; Stout v. Key Training Corp., 144 Idaho 195, 158 P.3d 971 (2007).




Illinois

Pregnancy Discrimination

Employers are prohibited from discriminating on the basis of pregnancy, childbirth, or related medical conditions. This applies to all public employers as well as to private employers with fifteen or more employees, state contractors and joint apprenticeship or training committees.

775 Ill. Comp. Stat. 5/2-102(I); Ill. Adm. Code tit. 56, § 5210.110.




Indiana

Pregnancy Discrimination

No specific law at the state level.




Iowa

Pregnancy Discrimination

The Iowa Civil Rights Act has a number of provisions related to pregnancy and childbirth; these apply to employers of four or more individuals, except employers of domestic workers. Employers are prohibited from having written or unwritten policies that exclude applicants or employees from employment because they are pregnant. An employer cannot terminate an employee due to a pregnancy-related disability.

Iowa Code § 216.6(2).




Kansas

Pregnancy Discrimination

The Kansas Human Rights Commission has interpreted the prohibition on sex discrimination contained in the Kansas Acts Against Discrimination to prohibit pregnancy discrimination. This law applies to all employers with four or more employees, except non-profit fraternal and social organizations.

Kan. Stat. Ann. § 44-1009; Kan. Admin. Regs. § 21-32-6.




Kentucky

Pregnancy Discrimination

The Kentucky Civil Rights Act prohibits employment discrimination on the basis of sex, which specifically includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. This applies to all employers with eight or more employees, except bona fide non-profit private clubs.

Ky. Rev. Stat. §§ 344.030, 344.040.




Louisiana

Pregnancy Discrimination

Louisiana law prohibits employment discrimination on the basis of an employee's pregnancy, childbirth, or related medical condition. The law applies to all employers with twenty-five or more employees within Louisiana.

La. Rev. Stat. § 23:342.




Maine

Pregnancy Discrimination

The Maine Human Rights Act prohibits discrimination on the basis of sex, defined to include discrimination on the basis of pregnancy and related medical conditions. This applies to all employers.

Me. Rev. Stat. tit. 5, §§ 4572, 4572-A.




Maryland

Pregnancy Discrimination

Courts have construed Maryland's prohibition on sex discrimination in employment to bar discrimination on the basis of pregnancy. This applies to employers with more than fifteen employees, except bona fide tax-exempt private membership clubs.

Md. Code, State Gov't § 20 — 606; see, e.g., Makovi v. Sherwin-Williams Co., 316 Md. 603, 626, 561 A.2d 179, 189 (1989); Cuffee v. Verizon Commc'ns, Inc., 755 F. Supp. 2d 672, 675 (D. Md. 2010).




Massachusetts

Pregnancy Discrimination

Massachusetts law prohibits employment discrimination on the basis of sex. The Massachusetts Supreme Judicial Court has interpreted this prohibition to bar discrimination on the basis of pregnancy. This provision applies to employers with six or more employees, except certain social and fraternal organizations.

Mass. Gen. Laws ch. 151B, § 4; Massachusetts Elec. Co. v. Massachusetts Comm'n Against Discrimination, 375 Mass. 160 (1978).




Michigan

Pregnancy Discrimination

The Elliott-Larsen Civil Rights Act prohibits discrimination on the basis of pregnancy, childbirth, or a related medical condition (except non-therapeutic abortion not intended to save the mother's life). This law applies to all employers.

Mich. Comp. L. § 37.2202.




Minnesota

Pregnancy Discrimination

The Minnesota Human Rights Act prohibits employment discrimination on the basis of sex, which explicitly includes discrimination on the basis of pregnancy, childbirth, and disabilities related to pregnancy or childbirth. This applies to all employers.

Minn. Stat. § 363A.03(42); Minn. Stat. § 363A.08.




Mississippi

Pregnancy Discrimination

There is no Mississippi law that prohibits discrimination based on pregnancy by private employers. However, state employers are prohibited from terminating any employee because of pregnancy or requiring such employee to take leave.

27-110 Miss. Code R. § 7.3.9.




Missouri

Pregnancy Discrimination

The Missouri Human Rights Act prohibits employment discrimination based on sex. Some courts have held this includes a prohibition on pregnancy discrimination. In its implementing regulations, the Missouri Commission on Human Rights has interpreted this statute to prohibit any policy or practice which excludes from employment applicants or employees because of pregnancy, barring a showing of business necessity. This applies to employers with six or more employees within Missouri, except businesses owned and operated by religious groups are exempt.

Mo. Rev. Stat. § 213.055; Mo. Code Regs. Ann. tit. 8, § 60-3.040(16); see, e.g., Self v. Midwest Orthopedics Foot & Ankle, P.C., 272 S.W.3d 364 (Mo. Ct. App. 2008); Midstate Oil Co., Inc. v. Missouri Comm'n on Human Rights, 679 S.W.2d 842, 846 (Mo. 1984).




Montana

Pregnancy Discrimination

Montana employers cannot terminate a woman's employment due to her pregnancy, refuse to grant her a reasonable leave of absence for the pregnancy, deny her disability or leave benefits, or require her to take leave for an unreasonable length of time. This applies to all employers.

Mont. Code Ann. § 49-2-310.




Nebraska

Pregnancy Discrimination

Nebraska prohibits employment discrimination on the basis of sex, explicitly defined to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. This law applies to employers with fifteen or more employees, except bona fide private membership clubs.

Neb. Rev. St. §§ 48-1102, 1104.




Nevada

Pregnancy Discrimination

No specific law at the state level.




New Hampshire

Pregnancy Discrimination

The New Hampshire Law Against Discrimination prohibits employment discrimination on the basis of sex, defined to include pregnancy and medical conditions resulting from pregnancy, childbirth or related medical conditions. This applies to employers with six or more employees, other than social clubs and non-profit religious and fraternal organizations.

N.H. Rev. Stat. Ann. § 354-A:7.




New Jersey

Pregnancy Discrimination

The New Jersey Law Against Discrimination prohibits employment discrimination on the basis of pregnancy. This applies to all employers other than religious organizations.

N.J. Stat. Ann. § 10:5-12.




New Mexico

Pregnancy Discrimination

The New Mexico Human Rights Act explicitly prohibits employment discrimination on the basis of sex. The New Mexico Human Rights Commission has issued regulations that interpret this prohibition to include discrimination on the basis of pregnancy, childbirth, or related medical conditions. This applies to employers with four or more employees.

N.M. Stat. Ann. § 28-1-7; N.M. Code R. § 9.1.1.7(HH)(2).




New York

Pregnancy Discrimination

The New York Human Rights Law prohibits employment discrimination on the basis of "familial status," which includes discrimination against any person who is pregnant. In addition, New York courts have construed the prohibition on sex discrimination in the Human Rights Law to prohibit pregnancy discrimination. The law applies to all employers with four or more employees.

N.Y. Exec. L. §§ 292, 296; Elaine W. v. Joint Diseases N. Gen. Hosp., Inc., 81 N.Y.2d 211 (1993); Mittl v. N.Y. State Div. of Human Rights, 100 N.Y.2d 326 (2003).




North Carolina

Pregnancy Discrimination

No specific law at the state level.




North Dakota

Pregnancy Discrimination

The North Dakota Human Rights Act prohibits employment discrimination on the basis of sex, which is defined to include pregnancy, childbirth, and disabilities related to pregnancy or childbirth. This applies to all employers who employ at least one person in North Dakota for more than one quarter of each year.

N.D. Cent. Code Ann. §§ 14-02.4-02, 14-02.4-03.




Ohio

Pregnancy Discrimination

Ohio prohibits employment discrimination on the basis of sex, which explicitly includes pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions. This law applies to all employers with four or more employees within Ohio.

Ohio Rev. Code §§ 4112.01, 4112.02.




Oklahoma

Pregnancy Discrimination

Oklahoma prohibits employment discrimination on the basis of sex, defined to include pregnancy, childbirth or related medical conditions. This applies to all employers except employers of domestic workers.

Okla. Stat. tit. 25, §§ 1301, 1302. 




Oregon

Pregnancy Discrimination

Oregon law prohibits employment discrimination on the basis of sex, defined to include pregnancy, childbirth and related medical conditions or occurrences. This law applies to all employers.

Or. Rev. Stat. § 659A.029, 659A.030.




Pennsylvania

Pregnancy Discrimination

The Human Relations Act prohibits employment discrimination on the basis of sex. The Pennsylvania Human Rights Commission has interpreted this provision to prohibit employers from having written or unwritten policies or practices that exclude women from employment due to pregnancy, absent a showing such an exclusion is warranted. The Human Relations Act applies to employers with four or more employees in Pennsylvania.

43 Pa. Stat. § 955; 16 Pa. Code § 41.102.




Puerto Rico

Pregnancy Discrimination

Puerto Rico prohibits employment discrimination on the basis of sex, defined to include pregnancy, childbirth, or related medical conditions. It also explicitly prohibits employers from excluding applicants or employees from employment on the basis of pregnancy, childbirth or related medical conditions. This applies to all employers.

P.R. Laws Ann. tit. 29, §§ 1322-1324.




Rhode Island

Pregnancy Discrimination

Rhode Island law prohibits employment discrimination on the basis of sex, defined to include pregnancy, childbirth, or related medical conditions. This applies to all employers with four or more employees.

R.I. Gen. Laws §§ 28-5-6, 28-5-7.




South Carolina

Pregnancy Discrimination

South Carolina prohibits employment discrimination on the basis of sex, defined to include pregnancy, childbirth, or related medical conditions. This law applies to all employers with fifteen or more employees, except bona fide private membership clubs.

S.C. Code Ann. § 1-13-80; S.C. Code Ann. § 1-13-30.




South Dakota

Pregnancy Discrimination

No specific law at the state level.




Tennessee

Pregnancy Discrimination

The Tennessee Human Rights Act prohibits employment discrimination on the basis of sex. Although the statute does not explicitly define sex to include pregnancy, the Tennessee Court of Appeals has repeatedly interpreted the Human Rights Act to prohibit discrimination on the basis of pregnancy. The Tennessee Human Rights Act applies to all employers with eight or more employees in Tennessee, except for domestic employers.

Tenn. Code Ann. §§ 4-21-101, 4-21-401; see, e.g., Spann v. Abraham, 36 S.W.3d 452 (Tenn. Ct. App. 1999); Castro v. TX Direct, LLC, W2012-01494-COA-R3CV, 2013 WL 684785 (Tenn. Ct. App. Feb. 25, 2013); Pierce v. City of Humboldt, W2012-00217-COA-R3CV, 2013 WL 1190823 (Tenn. Ct. App. Mar. 25, 2013).




Texas

Pregnancy Discrimination

Texas prohibits employment discrimination on the basis of sex, which explicitly includes pregnancy, childbirth, or a related medical condition. This applies to private employers with fifteen or more employees, as well as to all public employers.

Tex. Lab. Code Ann. §§ 21.051, 21.106.




Utah

Pregnancy Discrimination

The Utah Antidiscrimination Act prohibits employment discrimination on the basis of pregnancy, childbirth, or pregnancy-related conditions. This law applies to all employers except religious businesses and organizations.

Utah Code § 34A-5-106.




Vermont

Pregnancy Discrimination

The Vermont Fair Employment Practices Act prohibits employment discrimination based on sex. The Supreme Court of Vermont has held that this includes discrimination based on pregnancy. This law applies to all employers.

Vt. Stat. tit. 21, § 495; Lavalley v. E.B. & A.C. Whiting Co., 166 Vt. 205, 692 A.2d 367 (1997).




Virgin Islands

Pregnancy Discrimination

The U.S. Virgin Islands prohibits employment discrimination on the basis of sex, which explicitly includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. This applies to all employers.

10 V.I. Code § 64; 24 V.I. Code § 451.  




Virginia

Pregnancy Discrimination

Virginia law prohibits employers with more than five but fewer than fifteen employees from terminating an employee on the basis of pregnancy, childbirth, or related medical conditions, including lactation.

Va. Code § 2.2-3903.




Washington

Pregnancy Discrimination

The Washington Law Against Discrimination prohibits employment discrimination on the basis of sex. The Supreme Court of Washington and the Washington Human Rights Commission have held that this includes discrimination on the basis of pregnancy or childbirth. This applies to employers with eight or more employees, but it does not apply to religious non-profit organizations. There is also a "business necessity" exception under the regulations.

Wash. Rev. Code § 49.60.030; Wash. Admin. Code § 162-30-020; Hegwine v. Longview Fibre Co., Inc., 162 Wash. 2d 340, 344, 172 P.3d 688, 691 (2007).




West Virginia

Pregnancy Discrimination

The West Virginia Human Rights Act prohibits employment discrimination on the basis of sex. The Supreme Court of Appeals of West Virginia has held that this includes discrimination on the basis of pregnancy. This applies to public employers and to employers of twelve or more persons, except private clubs.

W. Va. Code § 5-11-9; Frank's Shoe Store v. W. Virginia Human Rights Comm'n, 179 W. Va. 53, 365 S.E.2d 251 (1986).




Wisconsin

Pregnancy Discrimination

Wisconsin law prohibits employment discrimination on the basis of sex, which includes discrimination on the basis of pregnancy, childbirth, maternity leave or related medical conditions. This applies to all employers except social clubs and fraternal organizations.

Wis. Gen. Stat. §§ 111.31, et seq.




Wyoming

Pregnancy Discrimination

Wyoming law prohibits employment discrimination on the basis of pregnancy. This applies to all public employers and to all other employers, except religious organizations, with two or more employees.

Wyo. Stat. § 27-9-105.