Not every illegal act looks like a pink slip. In Tennessee, pregnancy discrimination often shows up as denied accommodations, schedule changes, or pressure to take unpaid leave. These tactics can violate federal law, including the Pregnant Workers Fairness Act.
Key Takeaways
- The PWFA requires reasonable accommodations for pregnancy, childbirth, and related conditions for employers with 15 or more employees.
- You do not have to prove a disability or compare your treatment to co-workers to get help under the PWFA.
- Common violations include denying extra breaks, forced leave, and light duty refusals based on internal policy.
- In Tennessee, most workers must file an EEOC charge within 300 days of the unlawful act, deadlines are shorter for federal employees.
- Retaliation for requesting an accommodation is prohibited.
What the PWFA Requires
The Pregnant Workers Fairness Act took effect on June 27, 2023. It applies to private and public employers with 15 or more employees. The law requires reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the employer shows undue hardship. See 42 U.S.C. § 2000gg to § 2000gg-2 and 29 C.F.R. part 1636.
Unlike the Americans with Disabilities Act, the PWFA does not require you to prove that your condition is a disability. It creates an independent duty to accommodate and to participate in a good-faith interactive process. You also do not have to show that others received the same accommodation. See 42 U.S.C. § 2000gg(4), § 2000gg-1 and 29 C.F.R. § 1636.3.
The Equal Employment Opportunity Commission enforces the PWFA. The EEOC’s regulations and guidance include examples of common, low-cost accommodations, such as extra restroom breaks, a water bottle at the workstation, ability to sit or stand, schedule adjustments, and temporary lifting limits. See 29 C.F.R. §§ 1636.3, 1636.4, and Appendix A examples.
Five Common PWFA Violations We Still See
1. Denying Extra Breaks
The scenario: After disclosing her pregnancy, an employee asks for extra restroom and nausea breaks. The manager says it is unfair to the team.
Why this may be unlawful: Temporary adjustments like restroom and meal breaks are typical accommodations and are often reasonable. See 29 C.F.R. § 1636.3 and Appendix A.
2. Reassigning Without Consent
The scenario: An employee asks for flexibility for prenatal care. She is removed from a high-profile assignment “to reduce stress.”
Why this may be unlawful: Employment decisions based on stereotypes about pregnancy can be sex discrimination under Title VII, which includes the Pregnancy Discrimination Act. See 42 U.S.C. § 2000e(k) and 29 C.F.R. § 1604.10(b). The PWFA does not let an employer side-line a worker instead of discussing real accommodations.
3. Refusing Light Duty Because of Internal Policy
The scenario: A medical note limits lifting to 25 pounds. The employer says light duty is only for on-the-job injuries.
Why this may be unlawful: Internal policies cannot override federal accommodation duties. The PWFA requires individualized assessment and reasonable accommodation unless undue hardship is shown. See 42 U.S.C. § 2000gg(4) and 29 C.F.R. § 1636.3.
4. Forcing Unpaid Leave
The scenario: An employee asks to reduce hours due to pregnancy-related fatigue. The employer places her on unpaid leave until the due date.
Why this may be unlawful: Leave can be an accommodation, but the employer must first consider effective alternatives that keep the employee working. Forcing leave without an interactive process is inconsistent with the PWFA. See 42 U.S.C. § 2000gg(4) and 29 C.F.R. § 1636.3.
5. Retaliating After an Accommodation Request
The scenario: An employee is terminated days after providing a doctor’s note requesting a stool to sit during a shift.
Why this may be unlawful: The PWFA prohibits retaliation for requesting accommodations. Retaliation or interference violates the statute. See 42 U.S.C. § 2000gg-2(b)(3). Courts apply a broad retaliation standard: actions that could dissuade a reasonable person from engaging in protected activity. See Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006).
Your Rights in Tennessee
- Extra restroom, water, or meal breaks
- Light duty or lifting limits when medically advised
- Seating for jobs that usually require standing
- Modified schedules or reduced hours
- Remote work during complications when effective
- Time off for prenatal care and recovery
- Temporary reassignment away from hazardous tasks
You do not have to be disabled. Your pregnancy related limitation can be enough to trigger your employer’s duty to engage with you in good faith. See 42 U.S.C. § 2000gg(4) and 29 C.F.R. § 1636.3.
Sex harassment and hostile work environment claims are also actionable under Title VII when conduct is severe or pervasive. See Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
Deadlines Matter
In Tennessee, most private sector workers must file an EEOC charge within 300 days of the unlawful act because the Tennessee Human Rights Commission enforces a similar law. See 42 U.S.C. § 2000e-5(e)(1) and Tenn. Code Ann. § 4-21-101 et seq. Federal employees have shorter deadlines, for example contacting an EEO counselor within 45 days. Missing a deadline can end your claim before it starts. If you are unsure which deadline applies, ask promptly.
How Hunter Employment Law Can Help
We represent employees across Tennessee who were denied accommodations, pushed out of their jobs, or retaliated against during pregnancy or postpartum recovery. Our team is strategic, client focused, and trial ready, you work directly with experienced attorneys who will evaluate your options and deadlines with care.
Learn more about our discrimination practice: Employment discrimination lawyers at Hunter Employment Law.
Confidential case evaluation: If you believe your rights were violated, request a confidential case evaluation. We will explain your rights under the PWFA and Title VII, discuss timing, and outline next steps.
This article is for general information only, it is not legal advice. Reading it does not create an attorney client relationship.
FAQs
Do I have to prove a disability to get an accommodation while pregnant
No. The PWFA creates an independent right to reasonable accommodation for pregnancy related limitations, even if they are not disabilities. See 42 U.S.C. § 2000gg and 29 C.F.R. § 1636.3.
Can my employer force me to take unpaid leave instead of adjusting my schedule
Not if another effective accommodation is available. Employers must discuss options in good faith and cannot push leave when a practical alternative exists. See 29 C.F.R. § 1636.3.
Is pregnancy discrimination considered sex discrimination
Yes. Title VII defines discrimination because of sex to include pregnancy, childbirth, and related medical conditions. See 42 U.S.C. § 2000e(k).
How long do I have to file a charge in Tennessee
Generally 300 days for private sector workers in Tennessee. Federal employees face shorter internal deadlines. See 42 U.S.C. § 2000e-5(e)(1) and 29 C.F.R. § 1614.105.
Next Steps
If you need accommodations or believe you faced discrimination, document what happened, gather any medical notes, and act quickly. We can review your options and help you assert your rights under the PWFA, Title VII, and the Tennessee Human Rights Act.
Request a confidential case evaluation or explore our employment discrimination services.
