Pregnancy discrimination remains one of the most common and misunderstood forms of discrimination in the federal workforce. Many federal employees experience subtle or overt bias when they announce a pregnancy, request medical leave, seek telework or modified duties, or return from maternity leave.

The law is clear: pregnancy, childbirth, and related medical conditions are protected. You have a right to equal treatment, reasonable accommodations, and freedom from retaliation.

This guide is the most comprehensive resource online for federal employees experiencing pregnancy discrimination. Written by federal employment lawyers who have worked inside agencies like DHS, TSA, CBP, DOJ, and DoD/DoW, this guide explains your rights, how to spot violations, how to protect your career, and how the National Security Law Firm can help.

What Counts as Pregnancy Discrimination in the Federal Government

Pregnancy discrimination occurs when an agency takes adverse action or treats an employee unfavorably because of:

• pregnancy
• childbirth
• a related medical condition
• breastfeeding
• pumping needs
• fertility treatment
• miscarriage
• postpartum recovery
• pregnancy-related disability

Under federal law, pregnancy discrimination is a form of sex discrimination prohibited by:

• Title VII
• Pregnancy Discrimination Act (PDA)
• Rehabilitation Act (for pregnancy-related disabilities)
• Family and Medical Leave Act (FMLA)
• Federal Worker’s Compensation Act (when appropriate)

Examples of Pregnancy Discrimination in Federal Agencies

Pregnancy discrimination can be blatant or subtle. Common examples include:

Denied Light Duty or Modified Duties
Supervisors claim “there’s no policy for that” or “we can’t make exceptions,” even though others receive adjustments.

Harassment or Negative Comments
Statements like:
“You’re not committed anymore.”
“We need someone reliable.”
“Are you sure you should be working with your condition?”

Normalizing Unlawful Practices
Forcing pregnant employees to take leave when they don’t want to.

Barring or Discouraging Telework
Especially when telework is available to others.

Discipline or PIPs After Announcing Pregnancy
Retaliatory PIPs and disciplinary actions often start immediately after a pregnancy disclosure.

Failure to Provide Lactation Breaks or Space
Federal law requires reasonable time and a clean private space—not a bathroom.

Retaliation for requesting leave, accommodation, or pumping time.

Wrongful Denial of FMLA
Or miscalculating eligibility.

Poor treatment upon return from maternity leave
Excluding employees from meetings, shifting duties, or giving unfair appraisals.

Your Legal Rights as a Pregnant Federal Employee

Federal employees have some of the strongest protections in the country.

Equal Treatment Under the Pregnancy Discrimination Act

Your agency must treat you the same as other employees with temporary medical limitations.

Reasonable Accommodation

If you have pregnancy-related limitations, you may request:

• telework
• remote work
• light duty
• lifting restrictions
• modified schedules
• additional breaks
• seating adjustments
• reduced travel
• ability to pump milk
• leave as accommodation

Agencies often incorrectly deny these.

Lactation Rights

You have a right to:

• reasonable break time
• a private, clean space other than a bathroom
• no retaliation for requesting pumping time

Leave Rights (FMLA and Others)

You may qualify for:

• 12 weeks FMLA leave
• sick leave for prenatal appointments
• annual leave
• LWOP
• paid parental leave (if eligible)
• leave as a reasonable accommodation
• leave without penalty in performance reviews

Protection From Retaliation

It is illegal for an agency to retaliate because you:

• disclosed your pregnancy
• requested accommodation
• requested pumping time
• took FMLA or parental leave
• filed an EEO complaint
• opposed discriminatory practices

Retaliation is often more harmful than the discrimination itself.

How Pregnancy Discrimination Occurs in the Federal Workplace

Federal employment lawyers see the same patterns over and over:

PIPs Triggered by Pregnancy

Employees announce pregnancy and suddenly:

• deadlines shorten
• feedback stops
• ratings drop
• nitpicking begins
• a PIP appears

This tactic is common—and legally dangerous for agencies.

Attendance Weaponization

Agencies often convert pregnancy-related leave into:

• AWOL
• misuse-of-leave allegations
• discipline
• negative performance ratings

Denial of Basic Accommodations

Supervisors often claim:

• “It’s not in the policy.”
• “We treat everyone the same.”
• “We can’t approve telework.”
• “We need full duty.”

These are textbook PDA violations.

Post-Leave Retaliation

Upon returning from maternity leave, employees often see:

• reassignment to lower-value duties
• lost opportunities
• lower appraisals
• exclusion from projects
• criticism for pumping breaks

All are actionable.

How to Document Pregnancy Discrimination

Documentation wins cases.

Keep:

• emails requesting accommodations
• doctor’s notes
• performance reviews
• meeting notes
• screenshots
• leave requests
• comments from supervisors
• times you were denied pumping breaks
• adverse actions close to pregnancy disclosure

Patterns matter. Timelines matter. Consistency matters.

How to Request Pregnancy Accommodations Correctly

Your request does not need magic words. Something as simple as:

“I am requesting reasonable accommodation related to my pregnancy.”

The agency must:

• acknowledge the request
• begin the interactive process
• request only reasonable medical info
• consider accommodations
• provide written responses
• avoid unnecessary delays

Failure to engage in the interactive process is a violation.

Filing an EEO Complaint for Pregnancy Discrimination

If your rights are violated, you may file an EEO complaint. Deadlines are strict:

You must contact an EEO counselor within 45 days of the discriminatory action.

Common EEO claims include:

• failure to accommodate
• discrimination
• harassment
• hostile work environment
• retaliation
• constructive discharge

You may recover:

• back pay
• compensatory damages
• attorney fees
• promotion consideration
• record correction
• reinstatement

Pregnancy Discrimination and MSPB Appeals

Some pregnancy-related actions are directly appealable to MSPB, including:

• removals
• suspensions over 14 days
• demotions
• performance-based removals
• probationary terminations (in limited circumstances)
• whistleblower retaliation tied to pregnancy-related disclosures

MSPB hearings move fast—evidence must be lined up early.

Pregnancy Discrimination and Whistleblower Retaliation

If you disclose agency wrongdoing related to:

• misuse of leave
• unlawful accommodation practices
• mismanagement
• policy violations
• threats to safety (e.g., unsafe duty expectations while pregnant)

And the agency retaliates, you may have an IRA whistleblower case.

Settlements in Pregnancy Discrimination Cases

Pregnancy discrimination cases often settle when handled strategically.

Settlements may include:

• reversal of discipline
• clean SF-50
• corrected performance ratings
• restored leave
• telework arrangements
• monetary compensation
• reassignment
• attorney fees
• promotion consideration

Strong leverage comes from insider knowledge—knowing what the agency fears, what they’ve done wrong, and how to document it.

Why Federal Employees Choose NSLF

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The Nation’s Leading Federal Employment Lawyers
Former DHS, TSA, CBP, DOJ, DoD, and Intelligence attorneys.

Insider Advantage
We know the personalities, politics, and playbooks inside federal HR—because we used to run them.

Nationwide Representation

Washington, D.C. Headquarters

Disabled-Veteran-Founded Firm

Attorney Review Board
Your case benefits from multiple insider perspectives.

Experts in Related Areas
FOIA, MSPB, EEO, security clearance, whistleblower law—all under one roof.

Flat Fees + Financing
Predictable. Transparent. Accessible.

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Pregnancy should never cost you your career.
If your agency is treating you unfairly, delaying accommodations, weaponizing leave, or pushing discipline, get help immediately.

Book your free consultation today

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