Your Rights as a Pregnant Employee Under Federal and West Virginia Law
Pregnancy should never cost you your job, your paycheck, or your dignity. Yet many workers still face unfair treatment when they become pregnant or request workplace accommodations. Both federal and West Virginia laws offer strong protections — but knowing how to use those protections is critical.
Addair Entsminger PLLC Helps Pregnant Employees Understand Their Legal Rights
Addair Entsminger PLLC works with employees across West Virginia who have been subjected to discrimination based on pregnancy, childbirth, or related medical conditions. Our team helps clients understand how state and federal laws apply to their specific situations — and what actions they can take if their employer steps out of line.
What Federal Law Says About Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA), part of Title VII of the Civil Rights Act of 1964, prohibits employers from treating pregnant employees unfavorably in hiring, firing, pay, job assignments, promotions, training, or any other condition of employment.
Additionally, the Pregnant Workers Fairness Act (PWFA), which went into effect in 2023, requires covered employers to provide reasonable accommodations for pregnancy-related limitations unless doing so would impose an undue hardship.
Protections Under the West Virginia Human Rights Act
The West Virginia Human Rights Act offers similar — and sometimes broader — protection than federal law. Employers with 12 or more employees may not discriminate on the basis of sex, which includes pregnancy. That includes refusing to hire, demoting, harassing, or pressuring someone to take unpaid leave when they’re capable of working.
Employers must treat pregnancy-related absences and conditions the same as any other temporary disability — including offering light duty, adjusted schedules, or other accommodations.
What Counts as Pregnancy Discrimination?
Examples of unlawful conduct include:
- Firing or demoting an employee after learning of the pregnancy
- Denying requests for modified duties while approving similar requests for others
- Making offensive or inappropriate comments
- Pressuring an employee to take leave before medically necessary
- Refusing to allow time off for prenatal appointments
If the same employer would accommodate someone recovering from surgery or a short-term illness, they must offer the same flexibility to pregnant workers.
What to Do If You’ve Been Treated Unfairly
If you believe your rights were violated, act quickly. You may be able to file a charge with the EEOC or the West Virginia Human Rights Commission. Each has strict deadlines — sometimes as short as 180 days from the incident.
Pregnancy should never put your job at risk. Addair Entsminger PLLC is here to help. Call (304) 881-0411 today to protect your job, your rights, and your future.
