Although It’s Illegal, Discrimination Against Pregnant Women Remains a Major Issue in America

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Pregnancy should be one of the most exciting and celebrated times in a woman’s life. But for millions of American women, it comes with a darker reality: workplace discrimination. Despite decades of legal protections, expectant mothers still face systemic barriers, wage penalties, and outright prejudice, especially women of color, who are disproportionately impacted. This study from High Rise Financial sheds light on these issues.

In 2024, there were 3,622,673 births in the U.S., a 1% increase over 2023. At the same time, women represented 47% of the total workforce, with 55.8 million working full-time. Yet even as women carry both their careers and the next generation, they continue to encounter unfair treatment simply for being pregnant.


The Legal Protections That Should Prevent Discrimination

Federal laws have long been in place to stop pregnancy discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, while the Pregnancy Discrimination Act explicitly protects women from workplace bias tied to pregnancy. More recently, the Pregnant Workers Fairness Act (PWFA) of 2023 required employers to provide reasonable accommodations, such as lighter duties, schedule adjustments, or additional breaks.

Despite these protections, discrimination persists. A Bipartisan Policy Center report revealed that 1 in 5 mothers experience pregnancy-related workplace discrimination. In 2024 alone, the Equal Employment Opportunity Commission (EEOC) logged 2,729 formal complaints—with the true number likely much higher due to underreporting.


The Overlapping Burden of Race and Pregnancy

Discrimination does not affect all women equally. Black and Latina mothers report the highest levels of workplace bias. A 2023 Lean In/McKinsey study found these groups are already less likely to be promoted and more likely to face microaggressions, with pregnancy worsening inequities.

Birth and workforce statistics highlight this disparity: in 2024, Black women had the highest labor force participation (61%), followed by Hispanic women (58.7%) and Asian women (58.1%), compared to 56.5% for White women. Yet Black women gave birth to 472,756 babies, while Hispanic women gave birth to 982,253 — meaning women of color are disproportionately balancing employment and pregnancy while simultaneously facing systemic prejudice.


The Cost of Motherhood: Wage Gaps and Career Setbacks

Even without pregnancy, women earn less than men. In 2024, women earned 83¢ for every $1 a man earned. For mothers, the gap was even worse — just 75¢ per dollar, and significantly lower for women of color.

The “motherhood penalty” extends beyond wages:

  • Mothers’ earnings declined by 17% in the year of childbirth.
  • Over the decade following childbirth, mothers earned 40% less than fathers.
  • 61% of women believe motherhood harms their careers, while men’s career trajectories often accelerate after fatherhood.

These disparities force many women to hide pregnancies, delay announcing them, or even accept demotions. According to advocacy group A Better Balance, 60% of pregnant women said they were denied reasonable accommodations, while 21% feared telling their employer they were pregnant at all.


Industries Where Discrimination Is Worst

Pregnancy discrimination is particularly prevalent in industries with physically demanding or inflexible conditions:

  • Healthcare and Social Assistance – long hours and limited accommodations.
  • Accommodation and Food Services – standing for extended shifts, minimal flexibility.
  • Retail Trade – lack of seating, breaks, or schedule adjustments.
  • Transportation, Warehousing, Utilities, and Manufacturing – male-dominated sectors are resistant to accommodations.

A UMass Center for Employment Equity study found these industries consistently record the highest rates of pregnancy discrimination charges. Employers often see accommodations as “costly” — ignoring both legal obligations and the human toll.


Returning to Work: The U.S. Is an Outlier

The U.S. is the only wealthy nation without national paid maternity leave. This absence fuels higher maternal mortality rates and worse postpartum mental health. Nearly 1 in 5 mothers experience postpartum depression, with mental health conditions accounting for 23% of pregnancy-related deaths.

Without paid leave, 25% of mothers return to work within 10 days of giving birth, and 18% switch employers within a year. Long-term, the so-called “child penalty” reduces mothers’ lifetime earnings by around 40%. Meanwhile, industries offering generous leave policies attract and retain top female talent, highlighting the competitive advantage of supporting working mothers.


A Call to Action

“America’s mothers are holding up both the economy and the future workforce,” said a spokesperson from High Rise Financial. “But too many face outdated workplace cultures that punish them for being pregnant. Stronger enforcement of anti-discrimination laws, expanded access to paid leave, and greater awareness are urgent steps we must take.”

Pregnancy discrimination is not only illegal, it’s costly, both for mothers and the businesses that risk lawsuits, lost talent, and high turnover. Replacing an employee can cost up to 200% of their annual salary. Protecting mothers is not just the right thing to do; it’s good business.


Final Word

This study makes one thing clear: while federal laws exist, pregnant women — especially women of color — remain unprotected in practice. Until systemic biases are addressed, many will continue to face lost wages, stalled careers, and mistreatment during one of the most vulnerable times in their lives.

High Rise Financial is committed to raising awareness about these injustices and standing up for women who believe they’ve been wrongfully dismissed or discriminated against due to pregnancy. If you’ve experienced workplace discrimination, we encourage you to reach out today.


TIME BUSINESS NEWS

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