Pregnancy discrimination occurs when a woman experiences negative treatment due to pregnancy, childbirth and/or a medical condition related to either pregnancy or childbirth.  The negative treatment can include a host of adverse employment actions in connection with hiring, firing, pay, job assignments, promotions, layoffs, training and/or benefits. 

Regarding benefits such as leave and/or health insurance, a pregnant woman must be treated the same as other employees requesting leave or applying for health insurance.  It is unlawful for employers to discriminate on the basis of pregnancy in any work situation, including a temporary disability which may arise during pregnancy or shortly after childbirth.  In these situations, the female employee should be treated just like another temporarily disabled employee.  In other words, the employer is required to work with the employee and allow her to perform modified job duties.  

However, if modification or an alternative work assignment does not suffice, the employer may need to allow the employee to take disability leave or unpaid leave.  Whatever an employer does to accommodate a temporarily disabled employee, it must do the same for an employee who is temporarily unable to perform her job because of pregnancy or childbirth.  Additionally, if the employer allows a certain level of work modification or grants leave requests for other reasons, such as education, it must grant the same quality and quantity of modification and/or leave for reasons related to pregnancy or childbirth.  As a separate matter, pregnant employees have additional rights for break times when nursing.

If you are pregnant and believe you are experiencing discrimination at work as a result, you should contact a pregnancy discrimination attorney.