Pregnancy Discrimination in Tennessee

What Is Pregnancy Discrimination?

Pregnancy discrimination is a form of sex discrimination. It can happen when an employer treats an applicant or employee worse because of pregnancy, childbirth, or a related medical condition. It can also happen when an employer refuses legally required accommodations, punishes someone for requesting help, or treats a pregnant worker worse than other employees who are similar in their ability or inability to work.

Pregnancy-related issues can involve:

• Pregnancy
• Past pregnancy
• Potential or intended pregnancy
• Childbirth
• Postpartum recovery
• Miscarriage or stillbirth
• Lactation or pumping-related issues
• Related medical conditions, such as gestational diabetes, preeclampsia, postpartum depression, or lifting and standing restrictions connected to pregnancy or childbirth

Not every insensitive or frustrating workplace experience creates a legal claim. A case often turns on details such as what was said, when it happened, whether you requested an accommodation, whether the employer had notice, whether similarly situated workers were treated differently, and whether adverse action followed protected activity.

Laws That May Protect Pregnant Workers in Tennessee

Several laws may apply, depending on the employer, the claim, and the facts.

The Pregnant Workers Fairness Act (PWFA)

The PWFA took effect on June 27, 2023. It generally requires covered employers to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation would create an undue hardship. The PWFA is enforced by the EEOC.

The law also prohibits forcing leave when another effective accommodation would allow the employee to keep working, and it prohibits retaliation for requesting or using an accommodation or opposing unlawful conduct under the PWFA.

Title VII and the Pregnancy Discrimination Act

Title VII, as amended by the Pregnancy Discrimination Act, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It applies to decisions involving hiring, firing, pay, promotions, assignments, discipline, and other terms and conditions of employment.

It also requires covered employers to treat workers affected by pregnancy, childbirth, or related medical conditions the same as others similar in their ability or inability to work.

The ADA May Also Matter

Pregnancy itself is not a disability under the ADA. But some pregnancy-related conditions can qualify as disabilities, and in those situations the ADA may provide additional accommodation and anti-discrimination protections. The EEOC specifically notes that it continues to process some pregnancy-related accommodation charges under the ADA as well as under the PWFA and Title VII.

Tennessee Law

Tennessee’s Civil Rights Enforcement Division, within the Tennessee Attorney General’s Office, now enforces Tennessee’s anti-discrimination laws, including employment discrimination claims under state law. Tennessee law prohibits sex discrimination in employment, and Tennessee’s current state resources direct workers with employment discrimination complaints to the Civil Rights Enforcement Division.

Tennessee also has a separate parental-leave statute that can apply in some situations. State guidance explains that employers with 100 or more full-time employees at a job site or location may have to provide up to four months of leave for adoption, pregnancy, childbirth, and nursing an infant to eligible employees who have been employed for 12 months, with advance notice requirements except in emergencies.

What Pregnancy Discrimination Can Look Like

Pregnancy discrimination is not limited to being fired after announcing a pregnancy. Depending on the facts, unlawful conduct may include:

• Refusing to hire someone because she is pregnant or may become pregnant
• Demoting or sidelining an employee after a pregnancy disclosure
• Reducing hours, commissions, or responsibilities without a legitimate explanation
• Refusing to discuss accommodations for restrictions or prenatal care needs
• Pressuring an employee to take leave when another workable adjustment exists
• Disciplining a worker after she asks for accommodations or raises concerns
• Treating pregnancy-related restrictions less favorably than comparable non-pregnancy restrictions
• Excluding a pregnant employee from meetings, travel, projects, or advancement opportunities based on assumptions about commitment or capacity

Do Employers Have to Accommodate Pregnancy?

Often, yes. Under the PWFA, covered employers generally must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would create an undue hardship. The EEOC’s guidance also explains that an unnecessary delay in providing an accommodation can violate the PWFA, and that an employer may not require an employee to accept a different accommodation outside the interactive process.

Examples of accommodations can include:

• Extra restroom, food, water, or rest breaks
• The ability to sit or carry water
• Temporary lifting restrictions
• Schedule changes for prenatal or postpartum appointments
• Temporary reassignment of marginal tasks
• Remote work in some circumstances
• Leave or recovery time when needed
• Other adjustments tied to the employee’s actual limitation and job duties

You do not have to prove that you are disabled to seek a pregnancy accommodation under the PWFA. The law uses the broader concept of a known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

How These Issues Often Show Up in Tennessee Workplaces

In Tennessee, we often see pregnancy-related problems arise through policies and decisions that appear neutral on paper but become harmful in practice.

For example:

• A healthcare employee asks for a temporary lifting adjustment and is told to take leave instead of being allowed to keep working with reasonable support.
• A warehouse or manufacturing employee provides a doctor’s note and receives silence, delay, or discipline instead of a meaningful discussion about restrictions.
• A corporate employee announces a pregnancy and is suddenly excluded from travel, presentations, or advancement-track work because leadership assumes she will be less available.
• An employee returns from childbirth-related leave and finds that her role, hours, client load, or compensation has changed in ways the employer cannot clearly justify.

These examples do not automatically prove illegality. But they are the kinds of fact patterns that often require closer legal review.

What to Document if You Think You Are Facing Pregnancy Discrimination

Documentation can make a major difference in evaluating whether conduct was unfair, unlawful, or both.

Try to preserve:

• The date you disclosed your pregnancy or a related limitation
• Emails, texts, chats, or messages with supervisors or HR
• Any accommodation request and the employer’s response
• Doctor’s notes or work restrictions you actually provided
• Schedule changes, write-ups, reduced hours, or removed duties
• Performance reviews before and after the issue began
• Names of witnesses
• Notes showing how similar non-pregnant employees were treated
• A timeline of important events, including complaints, meetings, and follow-up conversations

If possible, keep these records in a safe place that you can access without relying only on your employer’s systems.

What to Do Next

1. Preserve Records and Build a Timeline

Do not rely on memory alone. Save communications, policies, meeting notes, and employment records while they are still available.

2. Put Requests and Follow-Up in Writing When You Can

A clear written request can help establish notice, timing, and what the employer knew. The PWFA’s final rule explains that a request for accommodation generally requires communicating both the limitation and the need for a change or adjustment at work.

3. Do Not Assume HR Will Automatically Fix the Problem

Internal reporting can matter, but it does not guarantee a lawful outcome and it does not always stop the clock on legal deadlines.

4. Get Legal Advice Before Deadlines Pass

Pregnancy-discrimination claims can involve overlapping federal and state laws, and timing mistakes can seriously damage a case.

Deadlines Matter

Employment discrimination deadlines can be short, and the correct deadline depends on the law, the type of claim, and where and how the charge is filed.

In general:

• EEOC charge deadlines are often 180 days, but can be 300 days in some situations when a state or local agency enforces a law prohibiting the same discrimination. The EEOC advises workers not to assume the longer deadline applies and to act promptly.
• Tennessee’s Civil Rights Enforcement Division accepts employment discrimination complaints through its complaint process.
• If the EEOC issues a Notice of Right to Sue on a Title VII or PWFA claim, a lawsuit generally must be filed within 90 days of receiving that notice.
• Tennessee’s Civil Rights Enforcement Division states that the Tennessee Human Rights Act allows private lawsuits in state court. Tennessee materials have historically described a one-year filing period for a private THRA suit after the discriminatory practice ceases, but the right deadline should be evaluated carefully based on the claim and posture of the case.

Because Tennessee’s enforcement system changed in 2025, and because deadline rules can be fact-specific, this is one area where precision matters. Do not wait to figure it out later.

Why Choose Hunter Employment Law

Hunter Employment Law represents employees, not employers. We handle workplace cases with a strategic, high-touch approach, and we take seriously the real-world pressure that pregnancy-related mistreatment can place on your job, income, health, and future.

Our role is not to inflate expectations. It is to help you understand whether the facts may support a legal claim, what documentation matters, what deadlines may apply, and what next step makes sense.