1 in 5 Working Moms Face Pregnancy Discrimination

Although It’s Illegal, Discrimination Against Pregnant Women Is Still A Huge Issue In America, With Racial Biases Also In Play

Pregnancy is on the rise in America: the 3,622,673 births recorded in 2024 are 1% up on 2023 numbers. Of 79.2 million women employed in 2024 in the U.S., 55.8 million were working full-time hours, with women making up nearly 47% of the workforce. Yet, despite their contribution to the American workforce, women (especially pregnant women) still face serious discrimination.

During this study we’ll consider the many different forms of workplace pregnancy discrimination, racial disparities when it comes to levels of workplace pregnancy prejudice, and what urgently needs to be done to protect the many millions of young working mothers in America.

Pregnant Women: The Many Levels of Workplace Discrimination

The most common working age for women is 25 to 34 (an age range that accounts for 17.5 million U.S. workers) – the same age group that gave birth to the highest number of babies (2,099,783) in 2024.

But what should be a happy time for expectant working mothers is often corroded by the discrimination they face at work for simply being pregnant.

And yet, such discrimination is outlawed in the U.S. due to the Civil Rights Act of 1964. The Act makes it illegal to discriminate based on race, color, religion, sex, or national origin. It was intended to end segregation and ensure equal treatment in public places, schools, and workplaces.

A key part of the Act is Title VII, which makes it illegal for employers to discriminate when hiring, firing, or awarding promotions. This laid the legal foundation for a crucial future protection against gender and pregnancy-based workplace bias: the Pregnancy Discrimination Act. 

There’s also the Pregnant Workers Fairness Act (PWFA) from 2023, a federal law that means employers must provide reasonable accommodations to workers affected by pregnancy, childbirth, or associated medical conditions. This means offering lighter duties, extra breaks, or reasonable schedule changes. The PWFA means pregnant employees don’t have to choose between their health and their jobs.

Despite those enshrined protections, many expectant mothers still face workplace discrimination. According to a Bipartisan Policy Center report, 1 in 5 mothers have experienced pregnancy-related workplace discrimination.

In 2024 alone, the Equal Employment Opportunity Commission (EEOC) received 2,729 formal complaints about pregnancy discrimination. (The overall number is likely much higher, as many women don’t report incidents due to a fear of retaliation or because they don’t know about their rights.)

Study data also shows us that pregnant women are subject to additional layers of discrimination depending on their race or ethnicity, with Black and Latina expectant mothers most likely to face discrimination.

A 2023 Lean In/McKinsey report found that Black and Latina women are already among the least likely to be promoted to management and the most likely to experience disrespect and microaggressive behavior while at work, with pregnancy worsening conditions.

Workforce Participation by Race

In 2024, of women aged 16 or older, White women gave birth to the highest number of babies (1.78 million), followed by Hispanic (982,253), and Black women (472,756).

And yet, when we compare these figures to workforce participation rates, Black women lead all racial groups in labor force participation at 61%, followed by Hispanic women (58.7%), Asian women (58.1%), and White women (56.5%). 

This data clearly shows that compared to White women, Black, and Hispanic women are disproportionately pregnant while holding down a job, which means they face a significantly higher risk of workplace discrimination. This adds to other forms of workplace discrimination, including less social mobility and lower lifetime earnings.

Discrimination in the Workplace

Wage Disparities

Official 2024 wage figures show that, for every $1 a man made, a woman (without children) made 83¢ – a gender pay gap of 17%. However, mothers make only 75¢ for every $1 a male makes – a 25% gap. For women of color, the gap widens much further.

So, it’s unsurprising that study data shows 61% of women believe motherhood harms their careers. It’s also true that, after fatherhood, male careers typically continue on an upward trajectory, whereas mothers returning to work may need to accept a lower-paying position than they previously held.

Within existing workplaces, mothers’ earnings declined by 17% during the year of childbirth compared to their colleagues. And over the ten years following childbirth, mothers earn 40% less than fathers.

Discriminatory Conduct in the Workplace

As well as the 20% of mothers who have suffered discrimination while pregnant at work, study data shows that 23% of pregnant women considered leaving their role.

Some of the specific discriminatory factors involved include denying promotion, cutting employee hours, or reassigning pregnant employees to lesser roles.

Additionally, A Better Balance data shows that 60% of pregnant women state that they were not given reasonable accommodations like sufficient breaks, dress code exemptions, hybrid or remote work options, schedule changes, job modifications, or time off for prenatal appointments. 

And21% of expectant mothers were afraid to tell their employer they were pregnant, fearful of negative repercussions. Many women suggest they were demoted or fired after revealing their pregnancy.

Such discriminatory factors have led to some women choosing to hide their pregnancy as long as possible, adding potential physical risk to both themselves and their unborn child.

And firing a pregnant member of staff doesn’t make any financial sense. According to the Center for American Progress, replacing an employee can eventually cost between 16% to 200% of their annual salary.

Ultimately, even with the Pregnancy Discrimination Act and the Pregnant Workers Fairness Act in place, women have plenty of reason to doubt the efficacy of such protections, with the stigma around pregnancy at work still widespread, and discrimination still rife.

Industries that Feature High Pregnancy Discrimination

Pregnancy discrimination is highly prevalent in some employment industries due to implicit physical demands and out-of-date work conditions. Here are some key examples.

Healthcare and Social Assistance 

This sector is physically demanding over long (often overnight) hours, and is subject to a high number of pregnancy discrimination reports due to a lack of proper accommodations. 

Accommodation and Food Services 

Jobs in this industry typically require prolonged standing with limited role or schedule flexibility and limited break periods, making them a huge challenge for pregnant workers. Such roles can create and exacerbate health issues.

Retail Trade 

Retail positions often lack sufficient accommodations for pregnant women, such as appropriate seating, flexible hours, and necessary time off for medical reasons.

Retail roles are also usually low-paid and often lack employer support. Due to these combined factors, the retail sector is subsequently subject to a high number of discrimination claims.

Other industries that feature high discrimination rates include:

• Transportation and warehousing
• Wholesale trade
• Utilities
• Manufacturing.

All the aforementioned examples consistently report some of the highest rates of pregnancy discrimination relative to the number of women employed. These roles routinely involve physically demanding aspects like heavy lifting, long shifts, or dangerous machinery, the operation of which can be especially risky for pregnant women.

However, these are all male-oriented industries that often lack the awareness, training, or inclusive policies pregnant workers need. 

And a study by the UMass Center for Employment Equity found that these industries have the highest number of pregnancy discrimination charges per 100,000 female workers, which suggests enduring, systemic problems. Such as many employers in these fields view employee accommodations as costly and disruptive.

This is why these industries are subject to dubious practices like cutting hours, reassigning duties, or even dismissing pregnant workers – all violations of federal law under the Pregnancy Discrimination Act and Pregnant Workers Fairness Act. 

It’s worth pointing out that pregnancy discrimination often overlaps with maternal care.

With 1 in 5 women reporting mistreatment. Examples of reported mistreatment include being ignored when requesting help, being shouted at, having physical privacy violated, and being threatened with withheld treatment.

Cases of mistreatment were reported by 30% of Black women, 29% of Hispanic women, and 27% of multiracial women. 29% of all women reported discrimination during maternity care, with the highest rates among Black (40%), multiracial (39%), and Hispanic (37%) women. 45% of women said they’d felt the need to withhold questions or express concerns about a caregiver’s conduct during maternity care.

Some of the reasons given for withholding questions include not wanting to make a fuss, fearing judgment from healthcare providers, or feeling that providers were too rushed.

Issues Around Returning to Work

The U.S. is one of only seven countries in the world (and the only wealthy nation) that does not offer a national paid maternity leave policy. This anomaly has serious consequences for pregnant women and their families: the U.S. also has the highest maternal mortality rate among high-income nations. 

Nearly 1 in 5 new mothers in the U.S. experiences postpartum depression, with mental health conditions the leading cause of postpartum deaths, accounting for 23% of all pregnancy-related fatalities. Without access to paid family and medical leave, many new parents face an impossible choice between their income and their health.

Financial strain, pressure to return to work too soon, and minimal recovery time worsen mental health outcomes. Women who lack access to paid leave are also more likely to delay critical postpartum care and incur medical debt tied to childbirth. 

Access to paid leave has also been linked to reduced rates of preterm birth, improved infant health, and even a decrease in intimate partner violence, as it helps relieve financial and emotional stress in the home. Despite these well-documented benefits, only about 30% of Americans live in a state that features a comprehensive paid family leave program.

The Federal Family and Medical Leave Act (FMLA) only offers unpaid, job-protected leave, with only 56% of workers qualifying. (States offering this program include Washington, California, Oregon, Colorado, New Jersey, Connecticut, New York, Rhode Island, Massachusetts, and D.C.) 

82% of women return to work within one year of giving birth. Study data shows that women returning to work a year after giving birth lose around $1,861 over three months compared to pre-birth earnings. Indeed, many never return to former wage levels, with average overall wage losses of 40% termed the ‘child penalty’.

Nearly 18% of new mothers change employers within a year, and 25% return to work just 10 days after giving birth due to a lack of paid maternity leave and economic necessity. 

Mothers who return to work six months earlier (six months after giving birth) earn 5–6% more over the next 10–20 years. This underscores the long-term benefits of minimizing ‘career interruptions’ and effectively penalizes mothers over an entire career for staying at home with their children.

Industries like technology and professional services set a welcome alternative example by offering far more generous family leave and flexible work packages, plus more post-pregnancy pay.

One of the key permutations of an industry choosing to look after mothers properly is that it draws most of the top female working talent – something about which less generous industries should be mindful. (A 2022 McKinsey report found that nearly 50% of women who left their jobs did so due to a lack of work-life balance and caregiver support.)

The Continuing Fight for Fairer Pregnancy Rights at Work

This study provides a clear and urgent picture: U.S. mothers provide an indispensable contribution to both the country’s workforce and the next generation of Americans. Despite this, they continue to face crippling systemic barriers.

Too many mothers must navigate pregnancy, childbirth, and postpartum recovery in a system that often fails to protect or support them. From enduring workplace discrimination and wage penalties to returning to work mere days after delivering their child due to a lack of paid leave, the struggle for mothers is complex and continuous.

Motherhood in America often comes with a financial and emotional cost that men never face. If we want to protect U.S. women when they’ve given birth, we need to protect their maternal mental health and their financial well-being.

That means expanding paid family and medical leave, enforcing anti-discrimination laws to give women (especially Black and Latina women) the help they desperately need, and building more workplace cultures that better look after American mothers.

At High Rise Financial, we see the need to improve the lives of our mothers as they navigate their pregnancy, and their return to work. We’re also here to help you if you feel you’ve suffered a wrongful dismissal due to a pregnancy. Get in touch with us today to find out if we can help you.