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Your Rights Pregnancy Discrimination: State Law

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Currently there are 27 states that have laws prohibiting employers from discriminating against pregnant women, and require an employer to apply the same benefits, terms, and conditions to pregnancy, birth, recovery or associated conditions as are applied to other temporary disabilities.

There are 23 states that have no such laws. In these states you do not have a state law claim for disability discrimination related to pregnancy: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Massachusetts, Mississippi, Missouri, Nebraska, New York, North Carolina, North Dakota, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Virginia, and Wyoming.

However, in the following 27 states, you may have a state law claim so long as your employer employs the required number of employees. Read below for more information about these state laws.

 California
All employees are eligible to file a claim so long as their employer has 5 or more eligible employees.  In California, you cannot be discriminated on the grounds of disability because of pregnancy, birth, or related medical condition.  The employer must accommodate the employee affected by pregnancy for 4 months if they have been disable by pregnancy, birth, or related medical conditions.

Connecticut
All employees are eligible to file a claim so long as their employer has 3 or more eligible employees.  In Connecticut, you cannot be discriminated on the grounds of disability resulting from pregnancy.  The employer must accommodate the employee affected by pregnancy by giving the employee a reasonable leave of absence.

Delaware
All employees are eligible to file a claim so long as their employer has 4 or more eligible employees.  In Delaware, you cannot be discriminated on the grounds of known limitations related to pregnancy, birth, and related conditions.  The employer must accommodate the employee affected by pregnancy by providing breaks, a modified schedule, and time off to recover from birth.  Delaware has the undue hardship exception.

District of Columbia
No employee minimum to file a claim under state law. In DC, you cannot be discriminated on the grounds of known limitations related to pregnancy, birth, and related conditions.  The employer must accommodate the employee affected by pregnancy by providing breaks, a modified schedule, and time off to recover from birth.  DC has the undue hardship exception.

Hawaii
No employee minimum to file a claim under state law. In Hawaii, you cannot be discriminated on the grounds of disability due to and resulting from pregnancy, birth, or related medical conditions.  The employer must accommodate the employee affected by pregnancy by providing a leave for a reasonable amount of time as determined by the employee’s physician, with regard for the employee’s physical condition and job requirements.

Illinois
All employees are eligible to file a claim so long as their employer has 15 or more eligible employees.  In Illinois, you cannot be discriminated on the grounds of known limitations related to pregnancy, birth, and related conditions.  The employer must accommodate the employee affected by pregnancy by providing breaks, allowing for part-time or a modified work schedule, providing time off to recover from conditions related to birth, providing leave necessitated by pregnancy, birth, or medical or common conditions related pregnancy or birth.  Illinois has the undue hardship exception.

Iowa
All employees are eligible to file a claim so long as their employer has 4 or more eligible employees.  In Iowa, you cannot be discriminated on the grounds of known limitations related to pregnancy, birth, and related conditions.  The employer must accommodate the employee affected by giving them time off.  Time off is determined by the employee’s medical conditions or 8 weeks, whichever is less.

Kansas
All employees are eligible to file a claim so long as their employer has 4 or more eligible employees.  In Kansas the employer must accommodate the employee affected by giving them time off after birth.  Kansas has the undue hardship exception.

Kentucky
All employees are eligible to file a claim under Kentucky state law for disability discrimination on the grounds of pregnancy so long as the employer employs more than 8 individuals.

Louisiana
All employees are eligible to file a claim so long as their employer has 25 or more eligible employees.  In Louisiana, you cannot be discriminated on the grounds of known limitations related to pregnancy, birth, and related conditions.  The employer must accommodate the employee affected by giving them a reasonable leave of absence while the employee is disable on account of pregnancy, birth, or related medical conditions for a maximum of 4 months.  Leave on account of a normal pregnancy, birthday, or related medical condition cannot exceed 6 weeks.

Maine
All employees are eligible to file a claim under Kentucky state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement.

Maryland
All employees are eligible to file a claim so long as their employer has 15 or more eligible employees.  In Maryland, you cannot be discriminated on the grounds of disability caused or contributed to by pregnancy.  The employer must accommodate the employee affected by giving them a leave of absence and changing the employees work hours

Michigan
All employees are eligible to file a claim under Michigan state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement.

Minnesota
All employees are eligible to file a claim so long as their employer has 21 or more eligible employees.  In Minnesota, you cannot be discriminated on the grounds of disability due to health conditions related to pregnancy.  The employer must accommodate the employee affected by giving them a leave of absence and allowing breaks.

Montana
All employees are eligible to file a claim under Montana state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement.  In Montana, you cannot be discriminated on the grounds of disability due to temporary disability due to the result of pregnancy or birth.  The employer must accommodate the employee affected by giving them a reasonable leave of absence.

Nevada
All employees are eligible to file a claim so long as their employer has 15 or more eligible employees. 

New Hampshire
All employees are eligible to file a claim under New Hampshire state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement.  In New Hampshire, you cannot be discriminated on the grounds of disability due to temporary disability due to the result of pregnancy, birth, or related medical condition.  The employer must accommodate the employee affected by giving them rest periods and modified work schedule.

New Jersey
All employees are eligible to file a claim under New Jersey state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement.  In New Jersey, you cannot be discriminated on the grounds of disability due to temporary disability due to the result of pregnancy, birth, or related medical condition.  The employer must accommodate the employee affected by giving them rest periods and modified work schedule.

New Mexico
Minimum of 4 employees to file a claim under state law.

Ohio
All employees are eligible to file a claim under Ohio state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement

Oklahoma
All employees are eligible to file a claim under Oklahoma state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement

Oregon
All employees are eligible to file a claim under Oregon state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement

Rhode Island
All employees are eligible to file a claim under Rhode Island state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement

South Carolina
Minimum of 15 employees to file a claim under state law.

Texas
Minimum of 15 employees to file a claim under state law.

Washington
All employees are eligible to file a claim so long as their employer has 8 or more eligible employees.  In Washington, you cannot be discriminated on the grounds of disability if they are temporary disabled or sick by pregnancy or birth.  The employer must accommodate the employee affected by giving them period of time of leave equivalent to the period of time that she is sick or temporarily disabled.

West Virginia
All employees are eligible to file a claim so long as their employer has 12 or more eligible employees.  In West Virginia, you cannot be discriminated on the grounds of disability for known limitations relating to pregnancy, birth, or related conditions.  The employer must accommodate the employee affected but the statute does not specify what proper accommodations are.

Wisconsin
All employees are eligible to file a claim under Wisconsin state law for disability discrimination on the grounds of pregnancy.  There is no minimum requirement